II. ABOUT THE SERVICE
III. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be at least 18 years of age to register for and use the Service. By registering for the Service, you represent and warrant that you are 18 years of age or older. You are strictly limited to only one (1) open Landit account at any time.
When you register with the Site or Service, you will be asked to create an account and provide Landit with certain information including, without limitation, a valid email address and a password. You agree to notify us immediately of any unauthorized use of your password and/or account. Landit will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
When you register with the Site or Service, you may be asked to provide a mobile phone number. By providing your mobile phone number, you agree to receive marketing text messages at the number provided. We’re required to tell you that the texts may be sent using an autodialer and your agreement is not a condition of any purchase.
If you create an account, you may be able to upload your resume, photograph and contact information to the Site and you may be able to send messages to, and receive messages from, employers and other Users. You are solely responsible for any such information or documents that you post, upload, link to or otherwise contribute to or make available via the Service.
In order to ensure a safe and effective experience for all of our Users, Landit reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in our sole discretion from time to time.
IV. PAYMENT TERMS
The Service is currently free to Users. In future versions of the Site and the Service we may, in our sole discretion, elect to charge our Users to access the Site and the Service, or certain aspects or portions of the Site or the Service. In the event a User chooses to discontinue their use of the Site after we elect to change our payment terms, their User Content (as defined in Article IX below) and data will be subject to the terms of our then current privacy and data retention policies as well as the terms herein.
V. USE RESTRICTIONS
Your permission to use the Site and the Service is conditioned upon the following Use Restrictions:
You agree that you will not under any circumstances:
Post, upload, email, deliver, transmit or otherwise make available any information or content, including, without limitation any User Content, on or via the Site or the Services that:
Is abusive, malicious, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “multi-level marketing,” or any other form of solicitation;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the Service, the Site, or any User;
Is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication transmitted through the Service
Use the Service for any unlawful purpose or for the promotion of illegal activities;
Attempt to, or actually, harass, abuse or harm another person or group;
Use another User's account without permission;
Provide false or inaccurate information, including, without limitation, when registering for a Landit account;
Interfere or attempt to interfere with the proper functioning of the Service or the Site;
Make any automated use of the Service or the Site, or take any action that we deem in our sole discretion to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
Publish or link to malicious content intended to damage or disrupt the Site, the Service or another User's browser or computer;
Make any unauthorized commercial use of the Site or Service.
You hereby affirm you are solely responsible for your account and the activity that occurs while signed in to or while using your account. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We reserve the right to remove User Content that is deemed inappropriate at our discretion without prior notification to you or any other User.
VI. PROFESSIONAL PROFILE SERVICES
Landit professional profile review and editing services (“Profile Services”) provide Users constructive feedback on their resumes, LinkedIn profiles, and professional biographies to enhance their career prospects. All intellectual property rights in edits, improvements and other changes made to your profile by Landit in performing the Profile Services (“Profile Improvements”) shall be owned by User and Landit hereby assigns to the User all right, title and interest it may have in all Profile Improvements; provided, however, Landit reserves, and you hereby grant to Landit, a non-exclusive, perpetual, irrevocable, transferrable, worldwide right and license to utilize all Profile Improvements (including, without limitation, the format, style and general appearance of edited resumes) to promote or explain the Site or the Services; provided, further that Landit shall remove any personally identifiable information prior to using any Profile Improvement in such manner.
VII. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by Landit, are those of their respective authors and owners and the Users who contribute or share them, and should not necessarily be relied upon. Such persons are solely responsible for such content. Landit does not guarantee the accuracy, completeness, or usefulness of any information accessed on the Site or through the Service and neither does Landit adopt or endorse, nor is Landit responsible for, the accuracy or reliability of any opinion, advice, or statement made by any such party. Landit takes no responsibility and assumes no liability for any information or content that you or any other User or third party posts or sends over the Service.
VIII. LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Landit may run advertisements and promotions or provide you with convenient links to third party website(s) ("Third Party Sites"), as well as articles, videos, webinars, photographs, text, graphics, pictures, designs, music, sound, video, information, and other materials, content or items belonging to or originating from third parties (the "Third Party Content"). Landit provides such content and links for the convenience of our Users. Landit has no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content.
Landit does not investigate, monitor or check for accuracy, appropriateness, or completeness of such Third Party Sites and Third Party Content, and Landit is not responsible for any Third Party Sites our Users may access through the Site or the Service or any Third Party Content posted on, available through or installed from the Site or through the Service, including, without limitation, the content, accuracy, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content in connection with the Site or the Service does not imply Landit’s approval or endorsement of such Third Party Sites and Third Party Content. If you decide to leave the Site and access the Third Party Sites or to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern Third Party Sites and Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications or Third Party Content you use, access, or install.
IX. USER CONTENT; LICENSE GRANT
You are solely responsible for the account information, resume, career history, educational history, responses to assessments and surveys and any other information or content you post, upload, transmit, submit or otherwise make available on the Site or via the Service ("User Content"). By providing or submitting any such information in connection with your use of the Service, you represent and warrant that your User Content is complete and correct to the best of your knowledge and that it does not and will not violate any applicable laws or regulations or any third-party proprietary rights, including, without limitation, copyright, trademark, confidentiality, rights of publicity or privacy, and defamation laws.
By posting, uploading, transmitting, submitting or otherwise making available any User Content on or via the Service, you hereby grant, and you represent and warrant that you have a right to grant to Landit, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non- exclusive, worldwide license to use, reproduce, modify, publish, li information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the Site. For the avoidance of doubt, the license granted under this Article IX will survive any termination of these Terms or any cancellation, suspension or termination of the relevant account.
X. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and its entire contents, features and functionality and the Service, including applicable copyrights, trademarks and other proprietary rights. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics (“Marks”), are service marks, trademarks (whether or not registered) and/or trade dress of (i) Landit or our licensors or (ii) the respective owner of such Mark. You may not reproduce or use Landit's Marks without the prior written permission of Landit. You agree not to remove or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. We reserve all rights that are not expressly granted to you under this Agreement.
By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to Landit to use to improve any Landit products or services. You acknowledge that submission of feedback and suggestions is voluntarily and Landit may consider or is developing technology that is the same or similar to your feedback or suggestions.
XII. WARRANTY DISCLAIMER
THE SERVICE AND THE SITE ARE PROVIDED "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LANDIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE, OR ANY INFORMATION OR CONTENT PROVIDED BY LANDIT THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LANDIT MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE DELIVERY OF ANY MESSAGES OR COMMUNICATIONS SENT THROUGH THE SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OR THROUGH THE SERVICE, THE SITE OR LANDIT. ALL ADVICE, SUGGESTIONS OR FEEDBACK PROVIDED BY LANDIT REGARDING YOUR RESUME AND ANY CAREER, EMPLOYMENT, OR OTHER GUIDANCE, SUGGESTIONS, OR ADVICE PROVIDED TO YOU THROUGH THE SITE AND THE SERVICE ARE PROVIDED “AS IS,” AND LANDIT MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE OR THE SERVICES, INCLUDING THAT ANY CAREER, EMPLOYMENT, OR OTHER GUIDANCE, SUGGESTIONS, OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE OR THE SITE WILL PRODUCE ANY SPECIFIC RESULT OR BENEFIT. LANDIT DOES NOT GUARANTEE (A) THE QUALITY, SAFETY OR LEGALITY OF THE INFORMATION OR SERVICES PROVIDED THROUGH THE SITE AND THE SERVICE, OR (B) THAT USE OF THE SITE OR THE SERVICE WILL RESULT IN YOU OBTAINING A JOB, INTERVIEW, OR OTHER CAREER ADVANCEMENT WITH ANY PERSON OR ENTITY, AND YOU ACKNOWLEDGE THAT LANDIT HAS NO RESPONSIBILITY REGARDING YOUR ABILITY TO BE HIRED BY ANY PERSON OR ENTITY. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
XIII. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL LANDIT, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, RIGHTS, USE, OR DATA, SERVICE DOWNTIME, LOST OPPORTUNITY, REPUTATIONAL HARM, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY (INCLUDING, WITHOUT LIMITATION, THE RESUME SERVICES) OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) THE UNAUTHORIZED USE OF YOUR MEMBER NAME, PASSWORD AND/OR ACCOUNT BY ANY THIRD-PARTY; (E) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR THE SERVICE, OR TRANSMITTED ON OR VIA THE SERVICE OR THE SITE OR (F) ANY OTHER INTERACTIONS WITH LANDIT OR ANY OTHER USER, INCLUDING, WITHOUT LIMITATION, ANY EMPLOYER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LANDIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Users (including any employer that is a User) or any other third party resulting from or arising out of or in connection with your use of the Service or Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Landit encourages Users to keep a back-up copy of any User Content. To the extent permitted by law, in no event shall Landit be liable for the deletion, loss, or unauthorized modification of any User Content.
XV. COMMUNICATIONS AND NOTICES; USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
All legal notices required by contract or by any applicable law or regulation to be provided to Landit, or any of its officers, employees, agents, representatives, or affiliates must be provided in writing and mailed to Landit at: Attn: Landit Customer Support, 1460 Broadway, New York, NY 10036. Communications made through the Site or the Service (including messages submitted to us at email@example.com) will not constitute legal notice to Landit or any of its officers, employees, agents, representatives, or affiliates in any situation where notice to Landit is required by contract or any law or regulation.
You agree that, by entering into this Agreement, to the extent permitted by applicable law, you and Landit are waiving the right to a trial by jury. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Landit agree that YOU AND LANDIT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
XVIII. GENERAL TERMS
(Last Revised: April 23, 2018)