FINDYOUJOBS TERMS OF SERVICE
Last Modified: September 3, 2026
PLEASE READ THESE TERMS CAREFULLY.
Welcome to the Terms of Service (these "Terms" or this "Agreement") for the website located at findyoujobs.com (the "Site"), operated by Mardale Company, LLC (d/b/a FindYouJobs) (“FindYouJobs," "we," "us," or "our"). The Site and any content, tools, features, and functionality offered on or through it are collectively referred to as the "Services."
These Terms govern your access to and use of the Services. See Section 1.1 (Types of Users) below for a description of the categories of users to whom these Terms apply. Please read these Terms carefully, as they include important information about your rights and obligations, including with respect to how we collect, use, and share your resume data, career information, and other personal information. By accessing and/or using the Services, or by executing an Order Form (as defined in Section 4) that references these Terms, you are agreeing to these Terms and our Privacy Policy. If you do not understand or agree to these Terms, please do not use the Services or execute an Order Form.
Our Privacy Policy, found at https://www.findyoujobs.com/privacy, also governs your access and use of the Services and explains how we collect, use, and share information resulting from your use of the Services. By accepting these Terms, you are also agreeing to our Privacy Policy.
FindYouJobs may update these Terms from time to time. When changes are made, we will make a new copy of the Terms available at findyoujobs.com. If you continue to use the Services after we update these Terms, we will treat your continued use as your agreement to the changes. The date of the last modification is noted above.
DISPUTES ABOUT THESE TERMS AND THE SERVICES ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH IN SECTION 10 (MANDATORY ARBITRATION AND CLASS ACTION WAIVER) BELOW. BY AGREEING TO THESE TERMS, YOU AND FINDYOUJOBS ARE EACH GIVING UP THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
1. USING THE SERVICES
1.1. Types of Users. As used in these Terms, "you" refers to either of the following two categories of users, as applicable:
(a) Users. Individual users who access the Services for personal career development and job-search purposes (“Users").
(b) Institutional Customers. Career centers, outplacement firms, staffing companies, professional associations, educational institutions, and other organizations that access the Services or FindYouJobs data and tools under a commercial arrangement with FindYouJobs (“Institutional Customers”).
Certain provisions of these Terms apply differently depending on whether you are a User or an Institutional Customer. Where a provision applies only to Users or only to Institutional Customers, it will be identified as such. Where a provision does not so specify, it applies to both.
1.2. User Age Requirements. The Services are designed and intended for individuals who have reached the age of sixteen (16). To access or use the Services as a User, you must be at least sixteen (16) years of age and have the legal capacity to enter into these Terms (or have a parent’s or legal guardian’s consent to do so). By creating an account or otherwise using the Services, you affirmatively represent and warrant that you are at least sixteen (16) years of age and that all information you provide regarding your age is accurate and complete.
No one under the age of thirteen (13) is authorized to access or use the Services under any circumstances. We do not knowingly collect, maintain, or use personal information from individuals under thirteen (13) years of age. If we become aware that a user is under thirteen (13), we will immediately terminate the account and delete all associated personal data, including resume data, career information, and any inferences derived therefrom, within thirty (30) days.
FindYouJobs does not sell or share the personal information of any user, regardless of age, as described in Section 3.3(b).
1.3. User Age Verification. FindYouJobs reserves the right to request proof of age at any time, including through government-issued identification or other reasonable means. Failure to provide requested verification within ten (10) business days of such request may result in immediate account suspension or termination.
1.4. Institutional Customer Eligibility. To enter into an Institutional Customer relationship with FindYouJobs, you must: (i) be a legal entity duly organized and in good standing under the laws of your jurisdiction of organization; (ii) have the authority to bind your organization to these Terms; and (iii) execute an Order Form with FindYouJobs as described in Section 4. By executing an Order Form, you represent and warrant that you have full power and authority to enter into these Terms and to perform all obligations hereunder, and that doing so will not conflict with any other agreement to which you are a party.
1.5. The Services. FindYouJobs provides an AI-enabled career development and job-search platform that ingests a user’s professional and educational background and career objectives, uses that information together with labor-market and job-posting data to provide personalized career guidance and job matching, and provides integrated resume development, skills-gap analysis, company research, networking guidance, and interview preparation. For Institutional Customers, the platform also provides administrative dashboards and tools for career centers, outplacement firms, staffing companies, and professional associations to support and monitor their users. FindYouJobs reserves the right to modify, suspend, or discontinue the Services, or any component or feature thereof, at any time upon reasonable prior notice. If FindYouJobs discontinues or materially reduces core functionality of the Services for Users, Users will be given at least thirty (30) days’ prior notice and a reasonable opportunity to export or delete their data before the change takes effect. For Institutional Customers, any modification, suspension, or discontinuation that materially reduces the data or deliverables specified in an Order Form requires at least thirty (30) days’ prior written notice, and, if material, gives the affected Institutional Customer the right to terminate the applicable Order Form upon written notice to FindYouJobs.
When a User creates an account and provides FindYouJobs with career information (including resumes, employment history, education, skills, and career goals), the Services will process that information using artificial intelligence and machine-learning models to generate career insights, job matches, resume recommendations, interview preparation materials, and other outputs. This processing is central to the core functionality of the Services. For a detailed description of what we collect and how we use that information, please see Section 2 (Career Data Collection and Processing) below and our Privacy Policy.
1.6. Access Platforms. You may access and use the Services through our website at findyoujobs.com, or such other access points as we may make available. These Terms and our Privacy Policy apply to your use of the Services.
1.7. Permitted Use. Subject to your compliance with these Terms (and, for Institutional Customers, the applicable Order Form), we grant you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Services as follows:
(a) Users. For your own personal, non-commercial career development and job-search use, provided that you comply with these Terms. You agree that you will not duplicate, download, publish, modify, or otherwise distribute the material accessible through the Services for any purpose other than your own personal use, unless we have specifically authorized you to do so. FindYouJobs may monitor usage patterns to prevent abuse and may suspend or terminate access in its sole discretion.
(b) Institutional Customers. To access and use the data, materials, tools, and other deliverables made available to Institutional Customers under the applicable Order Form, solely for the internal business purposes set forth in such Order Form. Institutional Customers may not access or use the Services, FindYouJobs data, or FindYouJobs Derived Outputs for any purpose beyond those expressly set forth in the applicable Order Form. Without limiting the foregoing, Institutional Customers may not: (i) resell, redistribute, or otherwise transfer FindYouJobs data or FindYouJobs Derived Outputs to any third party without FindYouJobs’s prior written consent; (ii) use FindYouJobs data to build or improve a competing product or service; or (iii) combine FindYouJobs data with data from other sources in a manner that creates or reconstructs sensitive information about identifiable individuals in a manner not contemplated by the applicable Order Form.
1.8. Technical Requirements. You are responsible for providing the computer, internet access, and other equipment necessary to access and use the Services. We do not guarantee that the Services will be available in any specific geographic location or on all devices or browsers. You are solely responsible for any fees, costs, or expenses incurred through your use of the Services.
1.9. Restrictions. You agree not to, and will not permit others to: (i) copy, reproduce, or create similar versions of the Site or Services; (ii) share access to the Services with any third party without our permission; (iii) use the Services on behalf of any third party except as expressly permitted by us; (iv) incorporate the Services into any other software, product, or service; (v) interfere with or circumvent any security, performance, or usage-limiting feature of the Services; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or logic of the Services, except to the limited extent expressly permitted by applicable law; (vii) remove, obscure, or alter any proprietary notices, disclaimers, or branding appearing in the Services; (viii) use the Services for competitive analysis or to develop a competing product or service; (ix) use any robot, spider, scraper, or other automated means to access or collect data from the Services; (x) submit any software or materials that contain any viruses, worms, Trojan horses, defects, time bombs, or other items of a destructive nature; (xi) post, upload, or transmit any content that is unlawful, harassing, threatening, hateful, violent, obscene, or otherwise objectionable; (xii) submit false, misleading, or fraudulent information to the Services, including fabricated employment history, credentials, or qualifications; or (xiii) encourage or assist any third party in any of the foregoing.
2. CAREER DATA COLLECTION AND PROCESSING
2.1. Career Information You Provide. When you onboard to FindYouJobs and as you continue using the Services, you will provide us with, or we will collect from you, career-related information including your resume, employment history, education and credentials, skills and competencies, career goals and preferences, and other professional information (collectively, "Career Information"). Career Information is a subset of Your Content (as defined in Section 3.2(a)). You may choose to provide as much or as little Career Information as you wish, although providing less information may limit the functionality available to you. By providing Career Information and using the Services, you agree that we will process it to generate career insights, job matches, resume recommendations, interview preparation materials, and other outputs, as further described in our Privacy Policy. For the avoidance of doubt, (i) the license grant in Section 3.2 applies to all of Your Content (including Career Information), and (ii) the data-processing consents in this Section 2 apply specifically to Career Information and any sensitive data described in Section 2.3.
2.2. Institutional Customer Data Submissions. Where an Institutional Customer uploads or submits personal information of its end users (including resumes, employment history, education records, or career-advisor notes) to the Services, the Institutional Customer represents and warrants that it has obtained all necessary permissions, consents, and authorizations from those individuals to allow FindYouJobs to process their information as described in these Terms and in our Privacy Policy. The Institutional Customer is solely responsible for ensuring that its submission of personal information to the Services complies with applicable law, including any applicable student-records laws (such as FERPA) and employment-related privacy requirements.
2.3. Sensitive Data. Depending on the information you provide and the career insights generated by the Services, the processing described above may involve data that is considered sensitive under applicable U.S. state and international privacy laws, including information about race, ethnicity, national origin, disability status, veteran status, or other protected characteristics that may be present in or inferred from your resume, employment history, or other career information. By using the Services, you expressly consent to our collection, use, and processing of such sensitive data as described in these Terms and our Privacy Policy, solely for the purpose of providing the Services. You acknowledge that this processing is necessary to provide the core functionality of the Services.
You have the right to withdraw this consent at any time. Withdrawal of consent is prospective only and does not affect the lawfulness of processing conducted prior to your withdrawal. Withdrawal of consent will limit your ability to use certain core features of the Services.
2.4. Data Accuracy. You are responsible for the accuracy and completeness of the information you provide to the Services. FindYouJobs relies on the information you provide to generate career insights, job matches, and other outputs. Inaccurate or incomplete information may result in inaccurate outputs. FindYouJobs is not responsible for any decisions you make based on outputs generated from inaccurate or incomplete information you have provided.
2.5. Account Registration and Security. To access the Services, you must create an account. You agree to: (i) provide true, accurate, current, and complete information about yourself; and (ii) maintain and promptly update that information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity on your account. Notify us immediately at info@findyoujobs.com if you suspect unauthorized access to your account. If you provide any information that is inaccurate or not current, or if we have reasonable grounds to suspect that such information is inaccurate, we have the right to suspend or terminate your account and refuse access to the Services.
2.6. Account Deletion and Data Removal. You may request deletion of your account at any time by contacting us at info@findyoujobs.com. Account deletion constitutes termination of these Terms for purposes of Section 11.13. Upon receipt of a valid deletion request, we will delete or anonymize your personal data within forty-five (45) days in accordance with our Privacy Policy, subject to the following:
(a) We may retain personal data to the extent necessary to comply with applicable legal, regulatory, or tax obligations, or to establish, exercise, or defend legal claims, for the period required by applicable law or regulation, after which such data will be deleted or anonymized.
(b) Personal data that has been incorporated into genuinely de-identified or aggregated datasets from which it cannot reasonably be extracted or re-identified will not be deleted, as described in Section 3.2(b).
(c) Your Content that has been shared with Institutional Customers or other users prior to your deletion request, and that those recipients have not independently deleted, will remain in those recipients’ possession subject to their own obligations under these Terms and applicable law, as described in Section 3.2(b) and Section 3.3(c).
(d) FindYouJobs Derived Outputs that constitute de-identified analytical work product (as described in Section 3.2(d)) will not be deleted, except to the extent that such FindYouJobs Derived Outputs contain personal information (including inferences) attributable to you under applicable law, in which case FindYouJobs will delete or anonymize the personal-information components in accordance with applicable law and our Privacy Policy.
(e) Backup copies of your personal data maintained in encrypted, access-restricted archival systems will be deleted or anonymized within ninety (90) days following your deletion request, or such shorter period as required by applicable law.
(f) Deletion of your account and personal data is permanent and cannot be reversed. You are responsible for exporting or saving any data you wish to retain before submitting a deletion request.
3. INTELLECTUAL PROPERTY, LICENSE GRANT, AND DATA RIGHTS
3.1. FindYouJobs Intellectual Property. These Terms grant you a limited right to access and use the Services as provided. Except for rights explicitly granted to you in these Terms, FindYouJobs and its licensors retain all rights, title, and interest in and to the Services, including all related software, models, algorithms, user interfaces, documentation, and proprietary technologies. You do not acquire any ownership interest or license in the Services or any underlying system, model, or architecture, whether by implication, estoppel, or otherwise.
3.2. License Grant from You to FindYouJobs; Ownership of Derived Outputs.
(a) Your Content. For purposes of these Terms, "Your Content" means any information, data, text, documents, resumes, employment history, career goals, skills information, messages, posts, or other materials you make available in connection with the Services, whether publicly posted, privately transmitted, or submitted through any access point.
You own or have the right to grant the rights set forth below in Your Content. By submitting Your Content to the Services, you grant FindYouJobs a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, and create derivative works from Your Content for the following purposes: (i) providing, maintaining, and improving the Services, including generating and delivering career insights, job matches, resume recommendations, and other outputs to you; (ii) providing Institutional Customers with administrative dashboards, analytics, and reports relating to their authorized end users, as described in Section 3.3 and the applicable Order Form; (iii) training, improving, and updating our machine learning models and algorithms using de-identified or aggregated data, provided that FindYouJobs will not use any content submitted by or on behalf of an Institutional Customer or any of its authorized end users for the purpose of training, improving, or updating machine learning models or algorithms; and (iv) as otherwise described in our Privacy Policy. For the avoidance of doubt, FindYouJobs does not sell or share Your Content with third parties for purposes unrelated to the provision of the Services.
(b) Term of License. The license described above commences on the date you first submit Your Content to the Services. This license terminates upon your submission of a valid deletion request and completion of the applicable deletion process described in Section 2.6, except to the extent that: (i) Your Content has been shared with others and those other users have not deleted it; or (ii) Your Content has been incorporated into genuinely de-identified or aggregated datasets from which it cannot reasonably be extracted.
(c) Sublicensing. The license granted herein is sublicensable solely to: (i) third-party service providers that assist FindYouJobs in operating the Services (e.g., cloud hosting, analytics, and infrastructure providers), subject to written agreements that restrict those providers to processing Your Content only on FindYouJobs’s behalf; and (ii) Institutional Customers, but only to the extent necessary for the Institutional Customer to access and use the Services with respect to its own authorized end users as set forth in the applicable Order Form. FindYouJobs will not sublicense Your Content to any third party for that third party’s own independent use.
(d) FindYouJobs’s Ownership of Derived Outputs. FindYouJobs owns all right, title, and interest in and to all models, algorithms, aggregate analytical products, and de-identified work product that FindYouJobs generates or derives from Your Content through its own models, algorithms, and analytical processes, including without limitation: aggregate career-market analyses and workforce insights, de-identified analytical products, and improvements to FindYouJobs’s models and algorithms (collectively, “FindYouJobs Derived Outputs”). Notwithstanding the foregoing, FindYouJobs will not generate improvements to its models or algorithms using content submitted by or on behalf of an Institutional Customer or any of its authorized end users. For the avoidance of doubt, to the extent that any FindYouJobs Derived Output constitutes or contains personal information (including inferences) attributable to an identifiable individual under applicable law, that personal information remains subject to the data-subject rights set forth in applicable U.S. state privacy laws (including the right to request deletion), notwithstanding FindYouJobs’s ownership of the FindYouJobs Derived Output in which it is contained. FindYouJobs Derived Outputs are the analytical work product of FindYouJobs, not of the user who contributed the underlying raw input. Nothing in these Terms transfers any ownership of FindYouJobs Derived Outputs to you.
Notwithstanding FindYouJobs’s ownership of FindYouJobs Derived Outputs, applicable U.S. state privacy laws (including CCPA and similar statutes) entitle you to request deletion of personal information, including inferences derived from your personal information, that is attributable to you. FindYouJobs will honor valid deletion requests for such personal-information components in accordance with applicable law and our Privacy Policy, and will not assert its ownership of FindYouJobs Derived Outputs as a basis for refusing a valid deletion request.
(e) Representations and Warranties. By submitting Your Content, you represent and warrant that: (i) you own Your Content or otherwise have the right to grant the licenses set forth herein; (ii) the posting and use of Your Content on the Services does not infringe any third-party intellectual property, privacy, or other rights; (iii) Your Content is accurate and not materially misleading; and (iv) you will bear any fees associated with the use of any proprietary content included in Your Content.
3.3. Institutional Customer Data Access. This Section 3.3 describes how Institutional Customers access User data through the Services. FindYouJobs does not sell, share (as those terms are defined under applicable U.S. state privacy laws), or otherwise disclose User personal information to third parties for monetary or other valuable consideration. FindYouJobs is a service provider that processes User data on behalf of Users and, where applicable, on behalf of Institutional Customers, solely for the purposes described in these Terms.
(a) Users. Where you access the Services through or at the direction of an Institutional Customer (for example, through a career center, outplacement program, or staffing agency), that Institutional Customer will have access to certain information about your use of the Services, including your career profile, resume data, job-search activity, and engagement metrics, to the extent authorized by the applicable Order Form. This access applies by default when you create your account through an Institutional Customer’s deployment of the Services; you do not need to take any additional action to enable it. FindYouJobs will not provide an Institutional Customer with access to your data unless: (i) you created your account through that Institutional Customer’s deployment of the Services, or you have otherwise authorized the Institutional Customer’s access; and (ii) the scope of access is set forth in the applicable Order Form. You may review and adjust your sharing preferences at any time by contacting us at info@findyoujobs.com.
(b) No Sale or Sharing. FindYouJobs does not sell or share (as those terms are defined under the California Consumer Privacy Act, as amended, or comparable U.S. state privacy laws) your personal information to or with third parties. FindYouJobs processes your personal information as a service provider solely for the purposes described in these Terms and our Privacy Policy.
(c) Institutional Customers. Institutional Customers who access User data through the Services pursuant to an Order Form acknowledge and agree that: (i) User data accessible through the Services was provided by Users pursuant to FindYouJobs’s Privacy Policy and these Terms; (ii) they will access and use such data only for the purposes specified in the applicable Order Form, only with respect to their own authorized end users, and in compliance with all applicable privacy laws; (iii) they will not download, extract, sell, resell, sublicense, or otherwise transfer User data to any third party without FindYouJobs’s prior written consent; (iv) they will implement and maintain appropriate technical and organizational measures to protect User data from unauthorized access, disclosure, or misuse; (v) they will honor, and cooperate with FindYouJobs to facilitate, User data subject requests (including deletion requests) that FindYouJobs forwards to them; and (vi) they will promptly notify FindYouJobs of any actual or suspected breach or unauthorized access involving User data accessed through the Services. Institutional Customers acknowledge that these obligations survive the termination of their commercial relationship with FindYouJobs with respect to any data already in their possession.
3.4. Profile Visibility and User Consent. All Career Information you provide to the Services is private by default as against employers and other third parties who are not Institutional Customers. FindYouJobs will not make Your Content, job-match results, assessment scores, interview-preparation activity, or session data visible to any employer or other third party (other than an Institutional Customer acting in accordance with Section 3.3(a)) unless you affirmatively choose to share such information. You may control the visibility of your profile information and Career Information at any time by contacting us at info@findyoujobs.com. Where you access the Services through an Institutional Customer, the Institutional Customer will have access to the data described in Section 3.3(a) above by default. You may adjust your sharing preferences for additional data categories beyond that baseline by contacting us at info@findyoujobs.com.
3.5. Feedback. You may provide us with information and feedback related to errors, suggestions, improvements, ideas, or other matters concerning the Services ("Feedback"). By providing Feedback, you agree that: (i) you will not retain or assert any intellectual property or other rights in the Feedback; (ii) the Feedback does not contain any confidential or proprietary information of any third party; and (iii) we have no obligation of confidentiality regarding the Feedback. You hereby assign to us all right, title, and interest in and to any Feedback you submit, and agree that we may use it freely without payment, attribution, or restriction. Where such assignment is not permitted by applicable law, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and incorporate your Feedback into the Services or other products.
3.6. Usage Data. FindYouJobs may collect and analyze data relating to your interaction with and use of the Services, including clickstream data, session duration, feature usage, page views, and platform performance metrics, that is aggregated and/or de-identified ("Usage Data"), as well as other information relating to the provision, use, and performance of the Services. For the avoidance of doubt, Usage Data relates to platform-interaction metrics and does not include FindYouJobs Derived Outputs (which relate to career-content analytics derived from Your Content as described in Section 3.2(d)). FindYouJobs owns all rights, title, and interest in and to Usage Data. We may use Usage Data for any purpose, including improving the Services, developing new products, features, and functionality, and analytics.
3.7. DMCA Notice and Takedown Policy. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond to claims of copyright infringement reported to our Designated Copyright Agent as described below.
To submit a DMCA notice, please provide our Designated Copyright Agent with the following:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material claimed to be infringing and information sufficient to permit us to locate the material;
Your contact information (address, telephone number, and email address);
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our Designated Copyright Agent is: info@findyoujobs.com
4. INSTITUTIONAL CUSTOMER TERMS. This Section 4 applies to Institutional Customers only.
4.1. Order Forms. Institutional Customers access FindYouJobs’s data, tools, dashboards, and derived analytics pursuant to a separate order form, insertion order, or commercial agreement executed by both parties (each, an "Order Form"). Each Order Form will specify: (i) the categories and scope of FindYouJobs data, tools, or FindYouJobs Derived Outputs to be provided; (ii) the permitted use cases; (iii) the applicable fees and payment terms; (iv) the term of the arrangement; and (v) any other commercial terms agreed upon by the parties. In the event of a conflict between these Terms and an Order Form, the Order Form will control solely with respect to the specific subject matter of that conflict, unless the Order Form expressly provides otherwise.
4.2. Data Delivery and Platform Access. FindYouJobs will make available to Institutional Customers the data, tools, dashboards, and deliverables specified in the applicable Order Form in accordance with the delivery schedule set forth therein and will deliver data and provide platform access materially consistent with the description set forth in the applicable Order Form. FindYouJobs reserves the right to modify the structure, format, or delivery mechanism of any data deliverable or platform feature upon reasonable prior written notice to the Institutional Customer. Except as set forth in the preceding sentence, FindYouJobs does not represent or warrant that any data deliverable will be error-free, complete, or accurate. Data deliverables are otherwise provided "as is" and Institutional Customers bear sole responsibility for validating the accuracy and fitness of data for their intended use.
4.3. Compliance Obligations. Institutional Customers represent, warrant, and covenant that, in connection with their access to and use of FindYouJobs data and FindYouJobs Derived Outputs:
They will comply with all applicable federal, state, and international privacy laws and regulations, including the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), and comparable state statutes, as well as the GDPR and UK GDPR where applicable, and, where the Institutional Customer is an educational institution or receives student records, the Family Educational Rights and Privacy Act (FERPA);
They will enter into any data processing agreements or addenda required under applicable law with respect to the data received from FindYouJobs. FindYouJobs will provide its standard-form data processing addendum ("DPA") upon an Institutional Customer’s request, and, where an Institutional Customer’s receipt of FindYouJobs data is subject to the GDPR, UK GDPR, or similar law requiring a data processing agreement, the parties will execute FindYouJobs’s DPA before the first delivery of the applicable data;
They will maintain a publicly available privacy policy that accurately describes their receipt and use of FindYouJobs data and FindYouJobs Derived Outputs;
They will not use FindYouJobs data to discriminate against individuals on the basis of any protected characteristic under applicable law;
They will provide their own customers and data subjects with notice of their data practices to the extent required by applicable law; and
They will cooperate with and respond to regulatory inquiries, audits, or investigations that relate to FindYouJobs data in their possession, and will notify FindYouJobs promptly of any such inquiry.
4.4. Term and Termination. Unless otherwise specified in an Order Form, the commercial relationship between FindYouJobs and an Institutional Customer will commence on the effective date of the applicable Order Form and continue for the term specified therein. Either party may terminate an Order Form for cause upon thirty (30) days' written notice if the other party materially breaches the Order Form or these Terms and fails to cure such breach within the notice period. FindYouJobs may terminate any Order Form immediately upon written notice if: (i) an Institutional Customer materially or willfully violates Section 4.3 (Compliance Obligations); (ii) an Institutional Customer uses FindYouJobs data for any purpose not expressly authorized by the Order Form; or (iii) FindYouJobs determines, in its reasonable discretion, that continued data sharing creates material legal or regulatory risk. In the case of a non-willful violation of Section 4.3 that is not material, FindYouJobs will provide written notice to the Institutional Customer describing the violation, and the Institutional Customer will have ten (10) business days after receiving such notice to cure the violation; if the Institutional Customer fails to cure within that period, FindYouJobs may terminate the applicable Order Form upon written notice.
Upon expiration or termination of an Order Form: (i) the Institutional Customer’s right to access or use FindYouJobs data and FindYouJobs Derived Outputs under that Order Form will immediately terminate; (ii) the Institutional Customer will promptly destroy or return all FindYouJobs data and FindYouJobs Derived Outputs in its possession as instructed by FindYouJobs; and (iii) the Institutional Customer will certify in writing to FindYouJobs that it has completed such destruction or return within fifteen (15) days of FindYouJobs’s request.
4.5. Audit Rights. FindYouJobs reserves the right, upon at least ten (10) business days' prior written notice, to audit or inspect an Institutional Customer’s use of FindYouJobs data and FindYouJobs Derived Outputs to verify compliance with these Terms and any applicable Order Form, no more than once per calendar year absent a reasonable belief of non-compliance. The Institutional Customer will cooperate with any such audit and provide FindYouJobs with reasonable access to relevant records, systems, and personnel.
4.6. FindYouJobs Breach Notification. FindYouJobs will notify an affected Institutional Customer within seventy-two (72) hours of becoming aware of any confirmed breach of FindYouJobs’s systems that compromises FindYouJobs data or FindYouJobs Derived Outputs provided to that Institutional Customer, unless a shorter notification period is specified in the applicable Order Form or other written agreement between the parties, in which case the shorter period will apply. FindYouJobs’s notification will describe, to the extent then known, the nature of the breach and the categories of data affected, and FindYouJobs will provide reasonably requested updates as its investigation progresses.
5. PAYMENTS AND FEES
5.1. User Fees. The Services are currently offered to Users at no charge. FindYouJobs reserves the right, in its sole discretion, to introduce fees for certain features, tiers, or premium functionality at any time upon at least thirty (30) days' prior notice. If FindYouJobs introduces fees applicable to Users, your continued use of the relevant feature after the effective date of the new fee will constitute your agreement to pay the applicable fee. All User fees, if any, will be clearly disclosed prior to purchase.
5.2. Institutional Customer Fees. Institutional Customers will pay FindYouJobs the fees set forth in the applicable Order Form (“Customer Fees"), in the currency and on the payment schedule specified therein. Unless otherwise specified in the Order Form: (i) invoices are due and payable within thirty (30) days of the invoice date; (ii) all Customer Fees are stated and payable in U.S. dollars; and (iii) all Customer Fees are non-cancellable and non-refundable, except as expressly set forth in the applicable Order Form or as required by applicable law.
5.3. Late Payments. If an Institutional Customer fails to pay any amount due by the applicable due date, FindYouJobs may: (i) charge interest on the overdue amount at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, if lower), from the due date until the date of actual payment; (ii) suspend the Institutional Customer’s access to FindYouJobs data and deliverables until all outstanding amounts are paid in full; and (iii) exercise any other remedies available at law or in equity. FindYouJobs will provide written notice of any payment delinquency prior to suspending access.
5.4. Disputed Invoices. If an Institutional Customer disputes any portion of an invoice in good faith, it must notify FindYouJobs in writing within ten (10) business days of the invoice date, specifying in reasonable detail the basis for the dispute. The parties will work in good faith to resolve the dispute. Undisputed amounts remain due and payable by the applicable due date. The payment deadline for any validly disputed amount shall be tolled during the pendency of good-faith resolution efforts; provided that the Institutional Customer pays all undisputed amounts by the applicable due date. If the dispute is not resolved within thirty (30) days after the Institutional Customer’s written notice, either party may escalate the dispute in accordance with Section 10. The Institutional Customer may not withhold payment of undisputed amounts pending resolution of a disputed amount.
5.5. Taxes. All Customer Fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, including sales, use, value-added, goods and services, or withholding taxes (collectively, "Taxes"). Institutional Customers are solely responsible for paying all Taxes associated with their purchases under any Order Form, excluding taxes based on FindYouJobs’s net income or gross receipts. If FindYouJobs is required by law to collect any Tax from an Institutional Customer, FindYouJobs will invoice such Tax separately, and the Institutional Customer will pay such Tax in addition to the applicable Customer Fees, unless the Institutional Customer provides FindYouJobs with a valid tax exemption certificate prior to the issuance of the invoice.
5.6. Fee Adjustments. FindYouJobs reserves the right to adjust Customer Fees at the time of renewal of any Order Form, upon at least sixty (60) days' prior written notice. Fees will not be adjusted during the then-current term of an Order Form. If an Institutional Customer does not agree to an adjusted fee, it may elect not to renew the applicable Order Form by providing written notice to FindYouJobs before the end of the then-current term.
5.7. User Payment Method. To the extent User fees are introduced, all payments from Users will be processed through a third-party payment processor (such as Stripe, Inc.). By providing payment information, Users represent and warrant that the information is accurate, current, and complete, and that they have the legal right to use the payment method provided. Users authorize FindYouJobs and/or its payment processor to charge the applicable fees to their designated payment method. All purchases are final and non-refundable except as required by applicable law.
5.8. Institutional Customer Payment Method. Institutional Customers will remit payment by wire transfer, ACH, or such other method as FindYouJobs specifies in the applicable Order Form or invoice. FindYouJobs reserves the right to require advance payment or a deposit for new Institutional Customers or in the event of a history of late payment.
6. THIRD-PARTY LINKS AND INTEGRATIONS
The Services may automatically produce search results that reference or link to third-party websites, applications, or services throughout the Internet. We have no control over those sites or their content, and we cannot guarantee that the content contained therein is accurate, legal, or inoffensive. We do not endorse the content of any third-party site. The Services may also allow you to connect with third-party applications, services, or platforms. Your use of any third-party integration is solely governed by the terms and privacy policies of that provider. We do not control, endorse, or assume liability for any third-party service or integration.
7. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing and using the Services, you agree that we may communicate with you electronically regarding registration, security, privacy, and administrative issues relating to your use of the Services.
You consent to receiving our email newsletter and other marketing-related emails from us. If you wish to opt out of such marketing communications, please use the unsubscribe link in any email received from us, or email us with "OPT-OUT," "UNSUBSCRIBE," "STOP," or "REMOVE" in the subject line.
8. CONFIDENTIALITY
In the course of providing the Services, we may disclose or make available to you information about our business, operations, technology, data, and clients that is not generally known or publicly available, whether or not designated as "confidential" (“FindYouJobs Confidential Information"). In the course of a commercial relationship, an Institutional Customer may similarly disclose or make available to FindYouJobs information about its business, operations, strategies, user base, or data infrastructure that is not generally known or publicly available, whether or not designated as "confidential" (“Customer Confidential Information," and together with FindYouJobs Confidential Information, "Confidential Information"). Each party that receives the other party's Confidential Information (the "receiving party") acknowledges that such Confidential Information is the proprietary information of the disclosing party and the receiving party will: (i) hold it in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (ii) not use it for any purpose other than as expressly authorized under these Terms or the applicable Order Form; and (iii) not disclose it to any third party without the disclosing party's prior written consent.
Institutional Customers acknowledge that the structure, pricing, data composition, and methodology of FindYouJobs’s data products and FindYouJobs Derived Outputs constitute FindYouJobs Confidential Information. Institutional Customers will restrict access to FindYouJobs Confidential Information to those of their employees, contractors, and advisors who have a need to know it for the purposes authorized by the applicable Order Form and who are bound by written confidentiality obligations no less protective than those in these Terms. FindYouJobs will similarly restrict access to Customer Confidential Information to those of its employees, contractors, and advisors who have a need to know it in connection with the applicable commercial relationship and who are bound by written confidentiality obligations no less protective than those in these Terms.
The confidentiality obligations in this Section do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party prior to disclosure by the disclosing party without restriction; (iii) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (iv) is required to be disclosed by applicable law, regulation, or court order, provided that the receiving party provides the disclosing party with prompt written notice (to the extent permitted by law) and cooperates with the disclosing party in seeking a protective order or other appropriate relief.
9. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
9.1. Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINDYOUJOBS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. WE DO NOT MAKE ANY ASSURANCE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS, OR THAT FILES ACCESSED OR DOWNLOADED FROM THE SERVICES WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES.
YOU ACKNOWLEDGE AND AGREE THAT: (I) CAREER INSIGHTS, JOB MATCHES, RESUME RECOMMENDATIONS, SKILLS ANALYSES, AND OTHER OUTPUTS GENERATED BY THE SERVICES MAY BE INACCURATE, INCOMPLETE, OR OTHERWISE UNRELIABLE; (II) OUTPUTS ARE GENERATED BY AUTOMATED SYSTEMS AND ARE NOT REVIEWED BY A HUMAN PRIOR TO DELIVERY; (III) FINDYOUJOBS MAKES NO REPRESENTATIONS REGARDING THE ACCURACY, APPROPRIATENESS, OR FITNESS OF ANY OUTPUT FOR ANY PARTICULAR PURPOSE, INCLUDING ANY EMPLOYMENT DECISION; AND (IV) YOU USE SUCH OUTPUTS ENTIRELY AT YOUR OWN RISK.
WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY INSTITUTIONAL CUSTOMERS OR EMPLOYERS IN CONNECTION WITH THEIR USE OF DATA ACCESSED THROUGH THE SERVICES OR PROVIDED TO THEM BY USERS DIRECTLY.
IF YOU ARE A RESIDENT OF NEW JERSEY, THE DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.
9.2. Limitation of Liability.
(a) Liability Cap and Exclusions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINDYOUJOBS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU: (I) FOR ANY AMOUNT EXCEEDING THE APPLICABLE CAP SET FORTH BELOW, IN THE AGGREGATE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FINDYOUJOBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE APPLICABLE CAP IS: (X) FOR A USER, THE GREATER OF (1) THE FEES PAID BY SUCH USER TO FINDYOUJOBS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (2) ONE HUNDRED DOLLARS ($100.00); OR (Y) FOR AN INSTITUTIONAL CUSTOMER, THE TOTAL CUSTOMER FEES PAID BY SUCH INSTITUTIONAL CUSTOMER TO FINDYOUJOBS UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY.
(b) General. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FINDYOUJOBS AND THAT FINDYOUJOBS WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS.
9.3. Indemnification. At our option and request, you will defend, indemnify, and hold harmless FindYouJobs, its affiliates, and each of their respective directors, officers, employees, agents, contractors, and representatives (the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the following, as applicable to you: (a) Users. (i) your breach or violation of these Terms; (ii) your use or misuse of the Services; (iii) Your Content, including any claim that Your Content infringes, misappropriates, or violates the intellectual property, privacy, or other rights of any third party; (iv) your violation of any applicable law or regulation; (v) any dispute between you and any third party; or (vi) your submission of false, misleading, or fraudulent information to the Services. (b) Institutional Customers. (i) the Institutional Customer’s breach or violation of these Terms or any Order Form; (ii) the Institutional Customer’s use of FindYouJobs data or FindYouJobs Derived Outputs in violation of applicable law or beyond the scope authorized by the applicable Order Form; (iii) any claim by a data subject, regulator, or third party arising from the Institutional Customer’s handling of FindYouJobs data; (iv) the Institutional Customer’s violation of any applicable privacy law in connection with FindYouJobs data; or (v) the Institutional Customer’s failure to comply with Section 4.3 (Compliance Obligations).
9.4. Indemnification Process. In connection with any claim for which indemnification is sought under Section 9.3, the Indemnified Party will: (i) provide the indemnifying party with prompt written notice of the claim; (ii) grant the indemnifying party full control over the defense and settlement of the claim, provided that any settlement that imposes obligations on the Indemnified Party requires the Indemnified Party's prior written consent; and (iii) provide reasonable assistance in connection with the defense. The Indemnified Party may participate in the defense of any claim at its own expense.
10. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
10.1. Arbitration. In the interest of resolving disputes in the most expedient and cost-effective manner, we agree that any dispute arising out of or related to these Terms or your access and use of the Services will be resolved by binding arbitration and not in a class, representative, or consolidated action or proceeding.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU (AS WELL AS FINDYOUJOBS) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Whether to agree to arbitration is an important decision. You should not rely solely on the information provided in these Terms, and you are encouraged to consult with an attorney regarding the consequences of your decision.
This agreement to arbitrate includes all claims arising out of or in any way related to these Terms or your access and use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms.
Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (iii) seek injunctive or other equitable relief in a court of law to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; or (iv) file suit in a court of law to address amounts due and payable.
10.2. Process — Users. Arbitration between FindYouJobs and a User will be governed by the U.S. Federal Arbitration Act and administered by the American Arbitration Association ("AAA") pursuant to the AAA's Consumer Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Consumer Rules"), as modified by these Terms. If you are a User and bring a claim solely for monetary relief of $10,000 or less, we will agree to pay any filing, administrative, or hearing fees charged by the AAA. If you bring a claim exceeding $10,000, AAA Consumer Arbitration Rules will govern payment of fees.
10.3. Process — Institutional Customers. Arbitration between FindYouJobs and an Institutional Customer will be governed by the U.S. Federal Arbitration Act and administered by the AAA pursuant to the AAA's Commercial Arbitration Rules (the "AAA Commercial Rules"), as modified by these Terms. Filing fees and arbitrator compensation will be apportioned in accordance with the AAA Commercial Rules unless the parties agree otherwise. Notwithstanding the foregoing, FindYouJobs and an Institutional Customer may agree in the applicable Order Form to mutually waive this Section 10 with respect to disputes arising under that Order Form, in which case such disputes will be resolved as set forth in Section 11.1 (Governing Law).
10.4. Shared Arbitration Provisions. The following provisions apply to all arbitrations under these Terms, regardless of whether the claimant is a User or an Institutional Customer: A party who intends to seek arbitration must first send a written notice of dispute to the other party within the applicable statute of limitations period ("Notice"). Our address for Notice is: info@findyoujobs.com. The Notice must: (i) describe the nature and basis of the claim; (ii) set forth the specific relief sought; and (iii) if you are sending Notice to us, include your name and address. The parties will make good faith efforts to resolve the claim directly. If the parties do not reach agreement within forty-five (45) days after the Notice is received, either party may commence an arbitration proceeding.
Any arbitration hearing will take place at a location to be agreed upon in New York County, New York. The arbitrator must issue a reasoned written decision. The parties agree to keep confidential the existence of the arbitration, the proceedings, submissions, and any award, except as required by applicable law.
10.5. Class Action Waiver. YOU AND FINDYOUJOBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ., WHICH ARE NOT COVERED BY THIS SECTION). UNLESS WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 10 SHALL BE NULL AND VOID.
10.6. Opt Out — Users. This Section 10.6 applies to Users only. Arbitration is not a mandatory condition of these Terms for Users. If you do not want to be subject to this Section 10, you may opt out by notifying us in writing within thirty (30) days after the effective date of your agreement to these Terms, by emailing info@findyoujobs.com with your full name, address, and a clear statement of your intent to opt out of this arbitration provision. If you opt out, any dispute will be resolved as set forth in Section 11.1 (Governing Law). You have the right to consult with counsel regarding your right to opt out, and you will not be subject to retaliation for exercising that right.
10.7. Enforceability. If this Section 10 is found to be unenforceable in whole or in part, then the exclusive jurisdiction and venue of the state and federal courts of New York County, New York will govern any action arising out of or related to these Terms.
11. MISCELLANEOUS
11.1. Governing Law. These Terms are governed by the laws of the State of New York without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code (UCC), and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms. Subject to Section 10 (but without limitation on the rights of any User who has validly opted out of Section 10 pursuant to Section 10.6, or any Institutional Customer that has mutually waived Section 10 in an applicable Order Form pursuant to Section 10.3), all claims arising under these Terms will be litigated exclusively in the federal or state courts of New York County, New York. The parties submit to the personal jurisdiction of those courts. In any proceeding (whether in court or in arbitration) to enforce rights under Section 3 (Intellectual Property, License Grant, and Data Rights), Section 5 (Payments and Fees), Section 8 (Confidentiality), or Section 9.3 (Indemnification), the prevailing party will be entitled to recover costs and attorneys' fees; each other proceeding will follow the parties' respective default cost and fee allocation under applicable law.
11.2. Amendment; No Waiver. FindYouJobs may update these Terms from time to time by posting a revised version on the Services; such updates shall be effective upon posting, except that material changes shall not take effect until at least thirty (30) days after notice is provided in accordance with the introductory paragraph of these Terms. Notwithstanding the foregoing, no such unilateral update will alter the specific commercial terms (including scope of data, fees, and term) of an Order Form executed prior to the effective date of that update, without the affected Institutional Customer’s consent. Except for such unilateral updates, these Terms may not be amended except in a signed writing executed by authorized representatives of both parties. No delay in exercising any right or remedy, or failure to object, will constitute a waiver of such right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
11.3. Force Majeure. Except for payment obligations, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use good faith efforts to mitigate the effect of a force majeure event. If a force majeure event causes FindYouJobs to delay or fail to perform for thirty (30) consecutive days, either party may terminate these Terms upon written notice.
11.4. Relationship of the Parties. No joint venture, partnership, employment, or agency relationship exists between you and FindYouJobs as a result of these Terms or your use of the Services. You act on your own behalf and for your own benefit, and not on behalf of or for the benefit of FindYouJobs. You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of FindYouJobs.
11.5. Assignment. You may not assign or transfer these Terms or delegate your performance without our prior written consent, and any attempt to do so is void. FindYouJobs may assign or transfer these Terms or any rights, benefits, or obligations without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms are binding upon and inure to the benefit of the parties' permitted successors and assigns.
11.6. Compliance with Laws. You agree to comply with all applicable international, federal, state, provincial, and local laws, regulations, binding regulatory guidance, directives, and governmental requirements in connection with your use of the Services, including all laws regarding the transmission of data. If you are using the Services from the European Union, the United Kingdom, or other regions with laws governing data collection and use, you agree to the transfer and processing of your information to and in the United States and other jurisdictions, in accordance with our Privacy Policy.
11.7. Severability. If any provision of these Terms or any portion thereof is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be replaced by a valid and enforceable provision that most closely reflects the intent of the original, and the remainder of these Terms will remain in full force and effect.
11.8. Injunctive Relief. If you breach these Terms, FindYouJobs may suffer irreparable harm for which monetary damages would be inadequate. Accordingly, FindYouJobs may seek injunctive or other equitable relief in addition to any other remedies available at law or in equity.
11.9. No Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms.
11.10. Subcontractors. We may use subcontractors or other third parties to perform our obligations under these Terms, but we will remain responsible for all such obligations.
11.11. Further Assurances. You agree to execute and deliver any documents or instruments, and take any further actions that are reasonably required, to provide FindYouJobs the full benefits and rights described in these Terms.
11.12. Survival. Any provisions of these Terms that by their nature should survive termination will remain in effect following termination of these Terms, including without limitation provisions regarding intellectual property rights, the license grant, FindYouJobs’s ownership of FindYouJobs Derived Outputs, payment obligations (including outstanding Customer Fees), Institutional Customer data obligations (Section 4.3), confidentiality (Section 8), indemnification, disclaimers, limitations of liability, dispute resolution, and governing law.
11.13. Termination. These Terms commence on the date you first access the Services (for Users) or the effective date of the first Order Form (for Institutional Customers) and continue until terminated. FindYouJobs may, in its sole discretion, suspend or terminate a User's access to the Services, or exercise any other remedy available, if the User breaches these Terms. Where the breach is reasonably curable, FindYouJobs will provide the User with written notice describing the breach and a period of not less than ten (10) days to cure; if the User fails to cure within that period, FindYouJobs may terminate the User's access without further notice. FindYouJobs may terminate a User's access immediately and without prior notice where: (i) the breach involves fraudulent, illegal, or abusive conduct; (ii) the breach poses an imminent risk to the security or integrity of the Services or to other users; or (iii) continued access would expose FindYouJobs to material legal or regulatory risk. Users may terminate these Terms by deleting their account in accordance with Section 2.6 or by contacting us at info@findyoujobs.com. For the avoidance of doubt, any termination of these Terms by a User (whether by account deletion under Section 2.6 or otherwise) will trigger the data deletion and anonymization process described in Section 2.6, and any account deletion under Section 2.6 will constitute termination of these Terms. Termination of Institutional Customer relationships (including for breach of these Terms by an Institutional Customer) is governed exclusively by Section 4.4 above. Termination does not affect any rights or obligations that arose prior to the effective date of termination, and neither party will be liable to the other for damages arising solely from the act of termination.
11.14. Independent Covenants. All covenants in these Terms shall be construed as agreements independent of any other provision, and the existence of any claim or cause of action by you against FindYouJobs, whether predicated on these Terms or otherwise, shall not constitute a defense to FindYouJobs’s enforcement of such covenants.
11.15. Entire Agreement. These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and FindYouJobs regarding the Services, and supersede all prior and contemporaneous proposals, agreements, and understandings, whether oral, written, or electronic. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement these Terms.
12. NOTICES
12.1. Notices Generally. All legal notices under these Terms must be in writing and will be considered given: (i) upon delivery, if delivered personally or by internationally recognized courier service; (ii) three (3) business days after being sent, if delivered by U.S. registered or certified mail (return receipt requested); or (iii) one (1) business day after transmission, if delivered by email to the address on file for the recipient. Notwithstanding the foregoing, where these Terms direct a particular type of notice to a specific FindYouJobs email address, such notice must be sent to the designated address to be effective. A notice sent to a FindYouJobs email address listed in these Terms other than the designated address will not be effective unless and until it is actually received by the designated department or contact, at which point it will be deemed given as of the date of actual receipt.
12.2. Notices to FindYouJobs. All notices to FindYouJobs should be sent to: info@findyoujobs.com.
12.3. Notice for California Users. Under California Civil Code Section 1789.3, California residents are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.