User Agreement

Last Updated: 7/24/2019

1. Introduction

1.1 Contract

When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. You agree that by clicking “Join BFROW“, “Sign Up“ or similar, registering, accessing or using our services (described below),you are agreeing to enter into a legally binding contract with BFROW (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract“ or “User Agreement“ or “Terms“), do not click “Join Now(or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to BFROW.com, BFROW-branded apps, and other BFROW-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “BFROW job boardandShare with BFROW“ plugins. Registered users of our Services are “Members“ and unregistered users are “Visitors“. This Contract applies to both Members and Visitors.

BFROW

You are entering into this Contract with BFROW (also referred to as “we“ and “us“). We use the term “Designated Countries“ to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.

If you reside outside of the “Designated Countries“, you are entering into this Contract with BFROW Limited (“BFROW Limited“) and BFROW Limited will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

This Contract applies to Members and Visitors.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policyand other documents referenced in this Privacy Policy) and updates. This Contract applies to Members and Visitors.

1.2 Members and Visitors

When you register and join the BFROW Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.“

1.3 Change

We may make changes to the Contract. We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms. We may make changes to the Contract.

2. Obligations

2.1 Service Eligibility

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 16. However, if law requires that you must be older in order for LinkedIn to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

To use the Services, you agree that: (1) you must be the “Minimum Age“ (described below) or older; (2) you will only have one BFROW account, which must be in your real name; and (3) you are not already restricted by BFROW from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

We want our Services to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the BFROW community.

  • You must not be prohibited from receiving any aspect of our Services under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

2.2 Your Account

You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our section 8.

You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you.

2.3 Payment

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. We don’t guarantee refunds.

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel your Paid Services.
  • All of your purchases of Services are subject to BFROW’s refund policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

2.4 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings, or the instructions in the message, to control and limit messages you receive from us. You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.

2.5 Sharing

When you share information on our Services, others can see, copy and use that information.

Our Services allow messaging and sharing of information in many ways, such as your profile, slide decks, links to news articles, job postings, and blogs. Information and content that you share, or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to BFROW connections, restricting your profile visibility from search engines, or opting not to notify others of your BFROW profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.

3. Rights and Limits

3.1. Your License to BFROW

You own all of the content, feedback, and personal data you provide to us, but you also grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads. As between you and BFROW, you own the content and information that you submit or post to the Services, and you are only granting BFROW and our affiliates the following non-exclusive license:

A worldwide, royalty-free. transferable and sublicensable right to host, use, copy, run, modify, distribute, publicly perform or display, translate, publish, process and create derivative works of your content (consistent with your privacy and application settings) information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy.
  3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public“, we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
  4. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

You and BFROW agree that if content includes personal data, it is subject to our Privacy Policy.

You and BFROW agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to BFROW, you agree that BFROW can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your BFROW profile will be truthful.

You agree to only provide content or information that does not violate the law or anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. BFROW may be required by law to remove certain information or content in certain countries.

We own all of the content, feedback, and personal data you provide to us. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on BFROW, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on BFROW. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user). If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. We can remove any content or information you share on the Service if we believe that it violates this Contract, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Services to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Contract or our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Services.

We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.

You and BFROW agree that if content includes personal data, it is subject to our Privacy Policy.

You promise to only provide information and content that you have the right to share, and that your BFROW profile will be truthful.

3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

BFROW is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

3.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. BFROW generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

3.4 Limits

We have the right to limit how you connect and interact on our Services.

BFROW reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. BFROW reserves the right to restrict, suspend, or terminate your account if BFROW believes that you may be in breach of this Contract or law or are misusing the Services.

3.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

BFROW reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. We have the right to limit how you connect and interact on our Services.

3.6 Automated Processing

We use data and information about you to make relevant suggestions to you and others.

We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant. We use data and information about you to make relevant suggestions to you and others.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. TO THE EXTENT ALLOWED UNDER LAW, BFROW AND ITS AFFILIATES (AND THOSE THAT BFROW WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability.

These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BFROW HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BFROW AND ITS AFFILIATES (AND THOSE THAT BFROW WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT), EVEN IF WE KNOW THEY ARE POSSIBLE. THIS INCLUDES WHEN WE DELETE YOUR CONTENT, INFORMATION, OR ACCOUNT. IN NO EVENT SHALL THE LIABILITY OF BFROW AND ITS AFFILIATES (AND THOSE THAT BFROW WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR (B) US $100. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BFROW AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BFROW OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU

5. Termination

We can each end this Contract anytime we want.

Both you and BFROW may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by you prior to termination remain owed after termination.

6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, BFROW and you agree to resolve it in California courts using California law. For others outside of Designated Countries, including those who live outside of the United States: You and BFROW agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and BFROW both agree that all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, USA, and you and BFROW each agree to personal jurisdiction in those courts.

7. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

To the extent allowed by law, the English language version of this Contract is binding, and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that BFROW has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that BFROW may assign this Contract to its affiliates or a party that buys it without your consent. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. There are no third-party beneficiaries to this Contract. If any aspect of this Contract is unenforceable, the rest will remain in effect. Any amendment or waiver to our Contract must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. We reserve all rights not expressly granted to you.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. BFROW Professional Community Policies

8.1. You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name on your profile; and
  4. Use the Services in a professional manner.

8.2. You agree that you will not:

  1. Create a false identity on BFROW, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of BFROW;
  5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  7. Violate the intellectual property or other rights of BFROW, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “BFROW” or our logos in any business name, email, or URL;
  8. Post anything that contains software viruses, worms, or any other harmful code;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  10. Imply or state that you are affiliated with or endorsed by BFROW without our express consent (e.g., representing yourself as an accredited BFROW coach);
  11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without BFROW’s consent;
  12. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  13. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  15. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  16. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

9. BFROW Job board Terms and Conditions

Welcome, and thanks for using BFROW’s jobs posting platform and related products and services (the “Jobs Services”). You agree that by purchasing, signing up for, or otherwise using the Jobs Services, you are entering into a legal binding agreement (even if you are using Jobs Services on behalf of a company). The Jobs Services allow your postings to be served on properties of BFROW and enabled third parties (collectively, “Properties“), e.g., websites and mobile applications. The Jobs Services allow postings to be targeted to BFROW members based on non-personally identifiable criteria (e.g., company, industry, job function, and hashed email).

9.1 Agreement

In addition to the BFROW User Agreement and Privacy Policy, these Jobs Terms and Conditions apply to the access and use of the Jobs Services. Additional terms may apply to specific features of the Jobs Services, and such terms will be presented when you engage with such features. To the extent of any conflict between different agreements that you have with BFROW, these Jobs Terms and Conditions and any feature-specific terms govern with respect to the use of the Jobs Services.

If you are accessing or using the Jobs Services on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Jobs Terms and Conditions, and your agreement to these Jobs Terms and Conditions will be treated as their respective agreement. In this event, BFROW may hold you responsible for violations of this agreement by that business or third party, and “you“ “your“ and “party“ will also refer and apply to that business or third party.

9.2 Jobs Services

The Jobs Services are designed to help you reach quality candidates for job opportunities. You are responsible for all postings and content therefore submitted by or on your behalf through the Jobs Services or otherwise to BFROW, including but not limited to, the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, your “Postings“); and all content and property to which Postings may direct viewers, as well as redirects (“Destinations“).

You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Jobs Services on behalf of a business, you agree that BFROW may share information about your purchases and use of the Jobs Services with that business, including its representatives and agents. If that business indicates that you are no longer authorized to place ads on its behalf (e.g., if you leave that business or changes roles within that business), you agree you may be removed from accounts associated with that business. You may not resell or transfer access to the Jobs Services to any other party.

Each Posting must be for one job opportunity; it is not permitted for a Posting to solicit applications for more than one position.

Without limiting the prohibitions in the User Agreement or any other applicable agreement, you agree that you will not, and you will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Jobs Services, to:

Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.

Create Postings that intentionally misrepresent the job, hiring company, or poster.

Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation.

Create Postings for “business opportunities“ that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.

Provide identifiable candidate resume or application data to any other parties.

“Spam“ or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.

Harass, stalk, or contact any applicant after they have asked not to be contacted.

Create Postings in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable, or create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws.

Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.

Soliciting employees by intentional misrepresentation.

Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country, the state or country where the job is to be performed, or the state of California.

Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.

Engage in illegal or fraudulent conduct.

Except as expressly authorized by BFROW in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Properties.

Except as expressly authorized by BFROW in writing, copy, modify or create derivative works of the Jobs Services or any related technology.

Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of BFROW or a third party.

BFROW may, in its sole discretion, modify, or terminate any part or all of the Jobs Services or suspend your ability to use the Jobs Services. BFROW may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.

9.3 Fees, Payment and Cancellation

You may be offered more than one billing option when you purchase Jobs Services. You agree to pay on the basis and at the rate selected when a Posting, order, or other purchase of Jobs Services was submitted through your account. You also agree to pay all applicable taxes, government charges and foreign exchange fees. BFROW will periodically charge your payment method at the applicable Rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. BFROW may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts. Unless you change or remove your payment method, BFROW may store and update (e.g., upon expiration) your payment method for use with subsequent campaigns, orders and purchases submitted through your account.

9.4 Intellectual Property Rights and Privacy

You grant to BFROW a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Postings in connection with the performance of the Jobs Services (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Postings (including to grant the license above).

If you choose to provide suggestions or feedback to BFROW about Jobs Services, you agree that BFROW can (but does not have to) use and share such feedback for any purpose without compensation to you. You may not disclose any information about BFROW’s pricing, metrics, member demographics or beta features. BFROW’s reserves all of its intellectual property rights in the Jobs Services as further described in the User Agreement.

You will comply with applicable laws, self-regulatory rules, industry rules and governmental requirements (collectively, “Applicable Law“) relating to its performance of these terms, including privacy and security laws (e.g., the EU Data Protection Directive 95/46/EC and EU Directive 2002/58/EC, each as amended and implemented in various EU countries). Without limiting the generality of the foregoing, each party will prominently post a complete and accurate privacy policy on its websites and in its mobile applications relating to these terms.

You may use information resulting from the Jobs Services (“Jobs Services Data“) only on an aggregate and anonymous basis to assess the performance and effectiveness of your candidate search using the Jobs Services and to optimize your candidate search. You agree to use reasonable technical, physical, and administrative measures to protect the confidentiality of Jobs Services Data and to use appropriate security safeguards to protect Jobs Services Data in accordance with industry standards. You may share Jobs Services Data only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with the Agreement and for limiting their respective use of the Jobs Services Data on your behalf. Without limiting the foregoing, you shall not (i) sell the Jobs Services Data; (ii) combine the Jobs Services Data with any data obtained by or on behalf of another employer; or (iii) except for use solely on your own behalf in a manner that does not identify the Jobs Services Data as associated with BFROW, transfer any Jobs Services Data (including anonymous, aggregate, or derived data) to any job search service, job postings board, data broker or other monetization related service.

9.5 Disclaimer of Warranties

To the extent allowed under law, in addition to disclaiming all implied warranties and other warranties as provided in the User Agreement, BFROW and its affiliates (as defined in the User Agreement) disclaim all warranties regarding the Jobs Services, including but not limited to any warranty (a) about the accuracy of any candidate information (including but not limited to candidate applications, candidate identities, recommendations, connections, and references); (b) concerning information on which the Posting targeting categories are based (e.g. member profile information); (c) concerning the rate at which inventory for your Postings becomes available on the Properties; (d) concerning the results of your candidate campaigns and other uses of the Jobs Services; or (e) that the Jobs Services will be uninterrupted or error-free.

9.6 Indemnity

Notwithstanding any review or approval of any Posting by BFROW, you agree to indemnify BFROW and its affiliates (as defined in the User Agreement), and hold BFROW and its affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys fees) related to third party claims or proceedings, arising out of or related to your Postings, Destinations, use of the Jobs Services, any candidate hiring or employment decisions, and breach of these Jobs Terms and Conditions. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

9.7 Limitation of Liability

No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Jobs Services. TO THE EXTENT ALLOWED UNDER LAW, BFROW AND ITS AFFILIATES (AND THOSE THAT BFROW WORKS WITH TO PROVIDE THE JOBS SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE JOBS SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE JOBS SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability.

These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BFROW HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BFROW AND ITS AFFILIATES (AND THOSE THAT BFROW WORKS WITH TO PROVIDE THE JOBS SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE JOBS SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT), EVEN IF WE KNOW THEY ARE POSSIBLE. THIS INCLUDES WHEN WE DELETE YOUR CONTENT, INFORMATION, OR ACCOUNT. IN NO EVENT SHALL THE LIABILITY OF BFROW AND ITS AFFILIATES (AND THOSE THAT BFROW WORKS WITH TO PROVIDE THE JOBS SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR (B) US $100.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BFROW AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BFROW OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

9.8 Miscellaneous

The provisions of the User Agreement relating to feature-specific terms, termination, interpretation, notice and assignability apply to these Jobs Terms and Conditions and the Jobs Services. Neither party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether a party to these Jobs Terms and Conditions or not) relating to the subject matter of these Jobs Terms and Conditions, other than as stated in these Jobs Terms and Conditions. These Jobs Terms and Conditions do not create a partnership, agency relationship, employer relationship or joint venture between the parties.

BFROW may change the terms of these Jobs Terms and Conditions by notice to you (for example, by a notice displayed in the Jobs Services, email, text message or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Jobs Services. The following provisions of these Jobs Terms and Conditions survive its termination: Sections 9.2 through 9.4, as well as Sections 9.6 through 9.8.

The BFROW entity entering into these Jobs Terms and Conditions with you is determined pursuant to the Contracting Entity Terms. If an issue arises under these Jobs Terms and Conditions (including non-contractual disputes or claims) and the contracting entity based on the Contracting Entity Terms is (a) BFROW Corporation, then these Jobs Terms and Conditions are governed by the laws of the State of California, and any action or proceeding (including those arising from non-contractual disputes or claims) related to these Jobs Terms and Conditions will be brought in a federal court in the Northern District of California.

10. How to Contact Us

Our Help Center also provides information about our Services. If you want to send us notices or service of process, please contact us online using the link below: https://www.bfrow.com/contact-us.

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