Last updated: October 10, 2018
Welcome to Unnanu. Unnanu is an independent recruiting and hiring platform (the “Unnanu Platform”) for (a) individuals who are seeking employment and/or contractor opportunities (“Prospective Employee” or “you”) and (b) companies or individuals that are interested in hiring Prospective Employees (“Employer” or “you”). The website at https://www.unnanu.com/ and any other websites relating to the Unnanu Platform (the “Sites”), and the desktop and mobile applications (the “Applications”) and the various other related services, features, functions, software, applications, websites and networks (together with the Sites, the Applications and the Unnanu Platform, collectively the “Unnanu Services”) are provided and operated, and are being made available to you and the other Prospective Employees, Employers and the other users of any of the Unnanu Services (collectively, “Users”) by Unnanu, LLC. (“Unnanu”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Unnanu to binding and final arbitration. You will only be permitted to pursue claims against Unnanu on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To access and use the Sites, the Applications, the Unnanu Platform and the other Unnanu Services and to hire or engage any Prospective Employee or to accept any job offer, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING ANY OF THE UNNANU SERVICES, INCLUDING HIRING OR ENGAGING ANY PROSPECTIVE EMPLOYEE OR ACCEPTING ANY JOB OFFER, YOU REPRESENT THAT:
- YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITES, THE APPLICATIONS, THE UNNANU PLATFORM OR ANY OF THE OTHER UNNANU SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UNNANU;
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT BE A COMPETITOR OF UNNANU AND DO NOT INTEND TO USE ANY OF THE UNNANU SERVICES FOR REASONS THAT ARE IN COMPETITION WITH UNNANU OR OTHERWISE TO REPLICATE SOME OR ALL OF THE UNNANU SERVICES FOR ANY REASON.
3. Description of Unnanu Services
3.1 FOR PROSPECTIVE EMPLOYEES
Unnanu is an online service that connects Prospective Employees with Employers through a non-binding interview request process for a Prospective Employee’s services. Prospective Employees have an opportunity to find a position with an Employer with transparency as to role and compensation.
Unnanu also offers an upgraded version of the Unnanu Services for Prospective Employees (“Unnanu Pro”). Unnanu Pro offers a variety of additional features and benefits, including certain background verification. All of the current features and benefits of Unnanu Pro can be found at https://unnanu.com/profilePro.
You are solely responsible for your interactions with Employers that you contact, or that contact you, directly or indirectly, through the Unnanu Services. Please note that there are risks, including the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information that you elect to share as part of your resume or user profile (including any photograph or video) that you provide through the Unnanu Services. YOU SHOULD ONLY LIST THE CONTACT INFORMATION THAT YOU ARE COMFORTABLE DISCLOSING TO EMPLOYERS AND OTHER USERS OF THE UNNANU SERVICES.
Although Unnanu requests that Employers maintain the confidentiality of any information and resumes that they receive through the Unnanu Services, Unnanu cannot and does not guarantee that the information you provide to Employers through the Unnanu Services will be held in confidence or properly secured by each applicable Employer. In addition, Unnanu takes no responsibility and assumes no liability for any job description or other information that any Employer posts, sends or provides through the Unnanu Services. You agree that Unnanu is not responsible or liable for the conduct of any Employer.
3.2 FOR EMPLOYERS
As an Employer, you have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent. You may submit interview requests ("Requests") for Prospective Employees that you feel may be a good fit for your company. However, these Requests are non-binding and do not create a binding employment contract. A Success or Conversion Fee (as defined in Section 6 below) will only be collected from you in accordance with Section 6 after you have successfully hired or engaged a Prospective Employee.
YOU UNDERSTAND THAT UNNANU DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH (A) IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS AND (B) CERTAIN BACKGROUND INFORMATION MAY BE VERIFIED AS PART OF UNNANU PRO IF A PROSPECTIVE EMPLOYEE HAS UPGRADED TO UNNANU PRO). YOU AGREE TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A PROSPECTIVE EMPLOYEE, AND (2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED EMPLOYMENT OR ENGAGEMENT OF ANY PROSPECTIVE EMPLOYEE.
If you are an Employer, you agree that you will not use the Unnanu Services to post or promote any position that: contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job opportunity where such requirement or criterion is not an actual and legal requirement of the job opportunity; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contains content that violates applicable laws; or pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Prospective Employee would be selling, in which case such advertisements are permissible).
When using the Unnanu Services, you are responsible for ensuring that your use of the Unnanu Services complies with all applicable laws and any applicable Unnanu policies.
As an Employer, you are responsible for all activity, acts or omissions of any of your personnel that have an account to use the Unnanu Services (each, an "Authorized User") and you agree to abide by the following rules:
- ensure that Accounts are not shared between your personnel or with any other third parties
- ensure that Accounts are not sold or licensed; you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Unnanu Services
- ensure that Authorized Users comply with these Terms, and promptly notify Unnanu of any suspected or alleged violation of these Terms t including any unauthorized use of any password or account or any other known or suspected breach of security
- cooperate with Unnanu with respect to: (i) investigation by Unnanu of any suspected or alleged violation of these Terms and (ii) any action by Unnanu to enforce these Terms. Unnanu may suspend or terminate an Authorized User's access to the Unnanu Services in the event that Unnanu reasonably determines that such Authorized User has violated these Terms.
4. License Grant; Unauthorized Use.
4.1 LICENSE GRANT
Subject to your compliance with all of the terms and conditions set out in these Terms, Unnanu hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to (a) to install and use the Applications on your computers and mobile and other devices and (b) to access and use the Sites, the Unnanu Platform and the other Unnanu Services to the extent and in accordance with these Terms.
Our web Application is automatically updated by Unnanu. You will be notified of updates to our mobile Application from the app store from which you downloaded our mobile Application (the “App Store”). You may be able to adjust your device’s settings or take other actions that would allow automatic updates from your applicable App Store.
4.2 PREVENTION OF UNAUTHORIZED USE
Unnanu reserves the right to exercise whatever lawful means it deems necessary to prevent the circumvention or unauthorized use of any of the Unnanu Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
5. Registration and Use of the Unnanu Services
In registering for an account on the Unnanu Platform to use any of the Unnanu Service, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Unnanu Services registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or Unnanu has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, Unnanu has the right to suspend or terminate your account and refuse any and all current or future use of the Unnanu Platform and/or any of the other Unnanu Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Unnanu Platform or any of the other Unnanu Services if you have been previously removed by Unnanu, or if you have been previously banned from the Unnanu Platform or any of the other Unnanu Services.
5.2 PROSPECTIVE EMPLOYEE
In order to use Unnanu as a Prospective Employee you must register and create a profile. When registering with Unnanu, we may require you to provide us information such as your name, e-mail address, employment history, work experience, educational background and skill set. You agree that the email address and phone number that you provide as part of the registration process may be included on your profile page. This information will be freely available to Employers and other Users who have access to your profile page. You understand and agree that Unnanu cannot be responsible for any use of that information by the Employers and other Users. If you believe, however, that this information is not being used appropriately, please contact us at email@example.com.
Furthermore, you agree to provide us with any other identifying documents that we may request. We may also allow you to use a third-party service such as Facebook, GitHub, LinkedIn or Twitter to register. We will review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use the Unnanu Platform or any of the other Unnanu Services. If your registration is accepted, you will be allowed to access the Unnanu Platform and use the Unnanu Services, subject to, and in accordance with these Terms.
You agree (a) to keep all information acquired from using the Unnanu Platform or any of the other Unnanu Services confidential, (b) that you will not disclose the names or identities of any Employers in any effort, direct or indirect, to circumvent the Unnanu Platform or any of the other Unnanu Services and (c) not to post, publicly or privately disclose or disseminate any job opportunities that you become aware of through the Unnanu Platform or any of the other Unnanu Services.
Any agreements created between an Employer and you as a Prospective Employee are not binding on Unnanu. Unnanu is not liable for, or obligated to enforce, any agreements between an Employer and you. You will not consider Unnanu, nor will Unnanu be construed as, a party to such transactions, whether or not Unnanu receives fees or other compensation in connection with the transaction. Unnanu will not be responsible or liable for any costs or damages arising out of or related to such transaction.
The name of the Employers and the job opportunities are not available through the Unnanu Platform or the Unnanu Services. Only the Employers can initiate contact with a Perspective Employee.
You may be requested to complete a questionnaire in connection with a specific opportunity. These questions are provided by the Employers. Your responses will be scored electronically based on an Employer’s criteria and used to determine whether you will be specifically recommended for an opportunity. Whether or not you are required to complete the questionnaire is solely dependent on the Employer’s requirements. You may have the option to "skip" questions that are not required but if you do, it could affect the likelihood that you will be shortlisted or selected for an interview.
You understand and agree that once you have registered, Employers may contact you. You are not required to engage with any such Employer that has contacted you, including accepting any job offer that you receive. You are, however, expected to always act professionally and courteously when dealing with any Employer or any other User.
You understand that Unnanu does not inquire into your background or attempt to verify any information that you provide. You may, however, upgrade to Unnanu Pro to have certain of your background information verified by an independent third party (the “Verification Service”). Unnanu can change the third party that is responsible for providing the verification services in its sole discretion and without notice. Currently, the Verification Service covers the verification of your most recent employment position and education degree or certification. This verification would be reflected as part of the profile that an Employer is able to see. You are solely responsible for any decision to upgrade to Unnanu Pro and for any fees associated with Unnanu Pro.
If an Employer wants to do or have a background check done on you, either through the Unnanu Services or otherwise, the Employer must (a) get your prior written consent and (b) comply with all laws and regulations relating to background checks (the “Background Check Requirements”), including the Fair Credit Reporting Act. Unnanu shall not be responsible or liable for any violation by any Employer of the Background Check Requirements or any damages arising out of or related to any such violation.
EMPLOYERS ARE PROHIBITED FROM DISCRIMINATING ON THE BASIS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY OR MARITAL STATUS. If you feel that an Employer has violated this prohibition in any way, please contact us at firstname.lastname@example.org. Please provide all relevant information, including your full name, the related Employer and the details of the possible discrimination.
You agree not to attempt to circumvent the Unnanu Platform or any of the other Unnanu Services by independently attempting to communicate with an Employer that contacted or communicated with you or you learned about through any of the Unnanu Services.
In order to use Unnanu as an Employer you must register. Registration is free but access and use of the Unnanu Platform and the Unnanu Services requires a subscription and the payment of the applicable Subscription Fees (as defined in Section 6 below). When registering we may ask you for additional information related to your company and the types of prospective employees you are looking for. We may also allow you to use a third-party service such as Facebook to register. We will review the information that you provided to us during the registration process and any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use the Unnanu Platform or any of the other Unnanu Services. If your registration is accepted and you have paid the applicable Subscription Fees, you will be allowed to access the Unnanu Platform and use the Unnanu Services including engaging with, and making Requests to, Prospective Employees that have posted their profiles on Unnanu.
After an Employer’s registration has been accepted by us and the applicable Subscription Fees paid, the Employer will be able to browse the Prospective Employees on the Unnanu Platform, communicate anonymously with these Prospective Employees, and submit preliminary non-binding Requests to Prospective Employees.
Once an Employer has discovered a Prospective Employee through the Unnanu Platform or any of the other Unnanu Services, the Employer agrees to communicate exclusively with the Prospective Employee through the Unnanu Platform and the other Unnanu Services for the duration of the Request process. The Employer and the Prospective Employee may, however, use other means of communication during the hiring process.
EMPLOYERS ARE STRICTLY PROHIBITED FROM DISCRIMINATING ON THE BASIS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY OR MARITAL STATUS.
You agree not to attempt to circumvent the Unnanu Platform or the Unnanu Services by independently attempting to communicate with or hire any Prospective Employee that you contacted, communicated with you or you learned about through any of the Unnanu Services.
5.4 UNNANU’S ROLE
Unnanu does not act as an agent for the purposes of the Request process. Unnanu merely provides Prospective Employees and Employers a location and the software tools to enable them to find and connect with each other. Prospective Employees and Employers are solely responsible for any issues arising from the use of any of the Unnanu Services.
Any agreements created between an Employer and a Prospective Employee are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Prospective Employee. You will not consider Unnanu, nor will Unnanu be construed as, a party to such transactions, whether or not Unnanu receives some form of remuneration in connection with the transaction, and Unnanu will not be liable for any costs or damages arising out of or related to such transaction. No contractual obligations are created for either the Prospective Employee or the Employer through the use of the Unnanu Services. The Prospective Employee is not obligated to accept the highest Request or any Request at all. Additionally, Requests submitted by an Employer to a Prospective Employee through the Request process are not binding on the Employer. At the end of the Request process the Prospective Employee may choose which Employer, if any, he or she wishes to contact.
You are solely responsible for your interactions with any other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Unnanu shall have no liability for your interactions with other Users, or for any User's action or inaction. Unnanu shall have no obligation to you to enforce these Terms against any other User.
You acknowledge and agree that Unnanu may, with no liability or penalty, remove any content, communication or information posted, which in the sole judgment of Unnanu, violates or may violate these Terms, applicable laws, rules or regulations; third party terms, or may adversely affect Unnanu; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
5.5 ZOOM FOR INTERVIEWS
The Unnanu Platform uses Zoom for video conferencing for interviews.
An Employer may access Zoom through the Unnanu Platform to set-up interviews with Prospective Employees whether or not an Employer has its own Zoom account. If an Employer does not use its own Zoom account, however, then the video conference will be limited to forty (40) minutes. There is no time limit if an Employer uses its own Zoom account. Employers agree to use any information that they obtain through a Zoom interview solely in connection with the decision on whether or not to hire a Prospective Employee and in accordance with all applicable laws. EMPLOYERS MAY NOT RECORD AN INTERVIEW WITHOUT THE AFFIRMATIVE CONSENT OF THE PROSPECTIVE EMPLOYEE.
A Prospective Employee is not required to accept an invitation from an Employer for an interview through Zoom but this could adversely affect your ability to find a position with an Employer.
Unnanu does not have any access to these video conferences or any recording of any such conferences.
5.6 SHARING AGREEMENTS AND ELECTRONIC DOCUMENTS
Employers and Employees can upload and share agreements and electronic documents and files (collectively, the “Shared Document”) through the Unnanu Platform.
The rights and obligations under any Shared Document are solely between the Employer and the Employee. Unnanu is not a party to any Shared Document and carries no liability or responsibility with respect to (a) the validity or enforcement of any Shared Document or (b) any dispute arising in connection with any Shared Document.
6. Fees, Payments and Refunds.
6.1 PROSPECTIVE EMPLOYEES
The basic Unnanu Services are free for Prospective Employees. There is a fee for Unnanu Pro (the “Pro Fee”). The current Pro Fee can be found can be found at https://unnanu.com/profilePro.
A Prospective Employee is required to promptly notify Unnanu if the Prospective Employee (1) accepts an offer of employment, whether for an indefinite or fixed term (each, an “Employment Engagement”), (2) accepts an offer of engagement as a contractor, whether for an indefinite or fixed term (each, a “Contractor Engagement”), (3) accepts an Employment Engagement or a Contractor Engagement during or within twelve (12) months after termination of an Internship (as defined below) of any duration, with an Employer who identified the Prospective Employee through the use of the Unnanu Platform or any of the other Unnanu Services, (4) accepts an Employment Engagement made by an Employer during or within twelve (12) months after termination of a Contractor Engagement with such Employer, (5) accepts an indefinite Employment Engagement made by an Employer during or within twelve (12) months after termination of a fixed term Employment Engagement with such Employer or (6) accepts an indefinite Contractor Engagement made by an Employer during or within twelve (12) months after termination of a fixed term Contractor Engagement with such Employer (each of the foregoing, a “Covered Offer”). Any such notification shall include (a) the name of the Employer, (b) whether the position is full-time, part-time or as a contractor, (c) the salary or other compensation to be paid, (d) the tentative start date and (e) such other information as requested by Unnanu. You shall also promptly notify Unnanu in writing of any changes in your employment or engagement status with an Employer, including any termination or resignation. For purposes of these Terms, “Internship” shall mean an opportunity for a Prospective Employee to work, as an intern or pursuant to a co-op arrangement, for an Employer for a fixed period of time to assess job skills and shall only apply to Prospective Employees that are enrolled in college or graduate school, or who have graduated from college or graduate school in the past 6 months.
Unnanu may also receive an electronic notification through the Unnanu Platform of any Employment Engagement or Contractor Engagement.
If you are a Prospective Employee who is using the Unnanu Platform and/or any of the Unnanu Services, you agree that (1) if you receive a Covered Offer, you shall promptly notify Unnanu of your Start Date and the key terms of such Covered Offer (and notify Unnanu promptly should that Start Date or offer terms change at any time), (2) you shall provide Unnanu with (a) a copy of a fully executed Covered Offer employment offer letter, or (b) execute a document between Employer, Unnanu and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation, promptly upon the signing of a Covered Offer employment offer letter between you and such Employer (the “Effective Date”), as requested by Unnanu, and (3) you will promptly notify Unnanu after termination of your employment as an employee, intern, coop employee, consultant or contractor (“Employment”) in the event that (a) an Employer terminates your Employment based on unsatisfactory performance within ninety (90) days of your Start Date, or (b) you voluntarily terminate your Employment within ninety (90) days of your Start Date.
6.2 EMPLOYERS – EMPLOYEE ENGAGEMENT
Registration is free for Employers but to access and use the Unnanu Platform and the other Unnanu Services you are required to subscribe and pay the applicable subscription fees (as modified from time to time, the “Subscription Fees”) for the plan that you selected (as modified from time to time, the “Plan”). You must register to see the various current Plans and Subscription Fees but by registering, you are not required to subscribe to the Unnanu Services.
Many of the Plans have free trial periods associated with them. If you do not cancel your subscription before the end of the applicable trial period, you will be automatically charged the Subscription Fees associated with your Plan.
Once we have accepted the registration of an Employer and Employer has paid the applicable Subscription Fees, the Employer will be able to make Requests and contact (through the Unnanu Services) Prospective Employees listed on the Unnanu Platform or any of the other Unnanu Services.
6.3 ADDITIONAL TERMS FOR EMPLOYER
Employers are required to promptly notify Unnanu once a Prospective Employee has accepted a Covered Offer and notify Unnanu of the Start Date for such Prospective Employee (including prompt notification of any subsequent changes in such Start Date.) Employers shall provide Unnanu with (1) a copy of a fully executed Covered Offer employment offer letter, or (2) execute a document between Employer, Unnanu and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation promptly upon the Effective Date.
Employer shall approve all electronic timesheets submitted by contractor within 24 business hours of submission by contractor. It is understood and agreed that Employer’s failure to edit, dispute or correct a timesheet within 24 hours of the approval deadline shall constitute approval of that timesheet and agreement to pay for the time reported.
For 180 days after the end of any Contractor Engagement, the Employer must use Unnanu to engage any contractor formerly provided through Unnanu, the Unnanu Platform and/or any of the other Unnanu Services.
YOUR OBLIGATION TO PAY ANY FEES UNDER THESE TERMS SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
6.4 Modification to the Fees
Subject to Sections 6.6 and 10, Unnanu may modify the Subscriptions Fees, the Pro Fees and any other fees in connection with any of the Unnanu Services (as modified from time to time, collectively, the “Fees”) in its sole discretion.
6.5 PAYMENT AND TAXES
Employer shall pay the Fees in accordance with these Terms and as otherwise required by Unnanu.
All information that you provide in connection with a purchase or other monetary transaction interaction with the Unnanu Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Unnanu Services at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.
If at any time Unnanu is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Unnanu upon written notice.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Unnanu in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.
6.6 CHANGES IN FEES AND BILLING METHODS
Unnanu reserves the right at any time to change any of its Fees (including to begin charging for services that it is currently providing free of charge) and billing methods, immediately after providing notice through a pop-up or banner within any of the Unnanu Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms.
THE FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY UNNANU IN ITS SOLE DISCRETION.
7. Additional Policies.
When using any of the Unnanu Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Sites, the Applications, the Unnanu Platform and the other Unnanu Services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
8. Respecting other People’s Rights.
Unnanu respects the rights of others and so should you. You therefore may not post or send Content that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Unnanu in its sole discretion;
- is false, misleading, untruthful or inaccurate;
- includes anyone's identification documents or sensitive financial information
- impersonates any person or entity, including any of Unnanu’s or any Employer’s employees or representatives; or
- spams or solicits any Users, including any Employers or other Prospective Employees.
9. Account Security.
When you access and use any of the Unnanu Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Unnanu on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you change or deactivate the email that you used to create an Unnanu account, you must update your account information within 72 hours to prevent Unnanu from sending to someone else messages intended for you.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify Unnanu at email@example.com. You may be liable for the losses incurred by Unnanu or others due to any unauthorized use of your account or any of the Unnanu Services.
10. Modification of these Terms.
Unnanu reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Sites, the Applications, the Unnanu Platform or any of the other Unnanu Services. If Unnanu updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Unnanu Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable fees), Unnanu will make reasonable efforts to notify you of such change. Unnanu may provide notice through a pop-up or banner within any of the Unnanu Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Unnanu may require you to provide consent by accepting the changed Terms. If Unnanu requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Unnanu, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Unnanu Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE UNNANU PLATFORM AND ALL UNNANU SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
11. Digital Millennium Copyright Act
It is Unnanu’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Unnanu’s DMCA Notification Guidelines at https://unnanu.com/DMCA. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Unnanu reserves the right to terminate without notice any User’s access to the Sites, the Applications, the Unnanu Platform and the other Unnanu Services if that User is determined by Unnanu to be a “repeat infringer.” In addition, Unnanu accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
12. License Grant for Content; Representations and Warranties.
12.1 LIMITED LICENSE GRANT TO UNNANU.
The Unnanu Services permits the submission and/or posting or linking of pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through any of the Unnanu Services, hiring any Prospective Employee or accepting any job offer, you hereby grant to Unnanu a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the operation, maintenance and support of the Sites, the Applications, the Unnanu Platform and the other Unnanu Services. This license continues even if you stop using the Unnanu Services. To the extent your any of your Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Unnanu to identify you as a Service User as contemplated by the Unnanu Services. Further, to the extent you have given Unnanu the right to access certain Content that is present on another website or service you own or control, you give Unnanu the right to scrape such website as required to retrieve such Content for use on the Unnanu Services as contemplated in the license grants above.
12.2 CONTENT USE BY OTHER USERS.
You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the Unnanu Services. This includes Employers having access to your Content in connection with identifying and hiring Prospective Employees.
12.3 CONTENT AND CONFIDENTIAL INFORMATION.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Unnanu and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 12 and in the manner contemplated by Unnanu and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the Unnanu Services. Violators of these third-party rights may be subject to criminal and civil liability. Unnanu reserves all rights and remedies against any Users who violate these Terms.
12.4 CONTENT DISCLAIMER.
You understand that when using any of the Unnanu Services, including hiring or engaging any Prospective Employees or accepting any job offer, you may be exposed to Content or other materials from a variety of sources, and that Unnanu is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Unnanu with respect thereto. Unnanu does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and Unnanu expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, Unnanu may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, Unnanu does not permit copyright infringing activities on or through any of the Unnanu Services.
13. Prohibited Conduct.
BY USING ANY OF THE UNNANU SERVICES YOU AGREE NOT TO:
13.1 Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the Unnanu Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
13.2 Use any of the Unnanu Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, any of the Unnanu Services, or using the Unnanu Platform as part of a service bureau or outsourcing offering
13.3 Provide any services to any third party using any of the Unnanu Services except in accordance with these Terms;
13.4 Provide any services, directly or indirectly, that are similar to, or based on, the Unnanu Services or any other program based upon any of the Unnanu Services;
13.5 Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the Unnanu Services or any part thereof;
13.6 Copy, disclose, or distribute any data or other information available on any of the Unnanu Services, including any Employer or Prospective Employee information, in any medium, including without limitation, by any automated or non-automated “scraping;”
13.7 Interfere with, circumvent or disable any security or other technological features or measures of any of the Unnanu Services or attempt to gain unauthorized access to any of the Unnanu Services or its related systems or networks;
13.8 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including Prospective Employees and Employers) of any of the Unnanu Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
13.9 Use bots or other automated methods to: access any of the Unnanu Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the Unnanu Services;
13.10 Take any action that Unnanu determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
13.11 Upload invalid data, viruses, worms or other software agents through the Sites, the Applications and/or any of the other Unnanu Services;
13.13 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
13.14 Use any of the Unnanu Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
13.15 Collect or harvest any personally identifiable information from the Unnanu Services, except as expressly permitted by the features of the applicable Unnanu Services; or
13.16 Use the Unnanu Services for any commercial solicitation purposes.
14. Third-Party Sites.
The Unnanu Services may include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These services may include billing and payments, background checks, HR services, payroll and invoicing and payment processing. Unnanu does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Unnanu Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
15. Mobile and Data Charges.
You are responsible for any mobile and data charges that you may incur for using any of the Unnanu Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Unnanu Platform or any of the other Unnanu Services.
You agree that Unnanu, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Unnanu Platform or any of the other Unnanu Services or any account (or any part thereof) you may have with Unnanu and remove and discard all or any part of your account, user profile, and any Content, at any time. Unnanu may also in its sole discretion and at any time discontinue providing access to the Unnanu Platform or any of the other Unnanu Services, or any part thereof, with or without notice. You agree that any termination of your access to the Unnanu Platform or any of the other Unnanu Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Unnanu will not be liable to you or any third party for any such termination. Unnanu reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Unnanu to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Unnanu may have at law or in equity. As discussed herein, Unnanu does not permit copyright infringing activities on the Sites, the Applications, the Unnanu Platform or any of the other Unnanu Services, and shall be permitted to terminate access to any of the Unnanu Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD UNNANU HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNNANU DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER UNNANU OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Sites, the Applications, the Unnanu Platform or any of the other Unnanu Services, (ii) any term of these Terms, (iii) any policy or practice of Unnanu in operating the Sites, the Applications, the Unnanu Platform or the other Unnanu Services, or (iv) any Content transmitted through any of these Unnanu Services, is to terminate your account and your use of all of the Unnanu Services. You may terminate your use of the Unnanu Services and your account at any time. After such termination, you must refrain from use of the Unnanu Services until authorized by Unnanu.
17. Ownership; Proprietary Rights.
The Sites, the Applications, the Unnanu Platform and the other Unnanu Services are owned and operated by Unnanu. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of these Unnanu Services provided by Unnanu (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on any of the Unnanu Services are the property of Unnanu or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Unnanu or its affiliates and/or third-party licensors. Except as expressly authorized by Unnanu, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Unnanu reserves all rights not expressly granted in these Terms.
Unnanu shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any of the Unnanu Services.
You agree to indemnify, save, and hold Unnanu, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Sites, the Applications, the Unnanu Platform or any of the other Unnanu Services, including the hiring or engaging of any Prospective Employee or the acceptance of any job offer, any of the Content, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein. Unnanu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Unnanu, and you agree to cooperate with Unnanu’s defense of these claims. Unnanu will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You may not settle any claim if that settlement requires an admission of liability or any payment by Unnanu.
19. No Warranties; Disclaimers.
19.1 NO WARRANTIES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNNANU AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “UNNANU PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITES, THE APPLICATIONS, THE UNNANU PLATFORM AND THE OTHER UNNANU SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, UNNANU PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SITES, THE APPLICATIONS, THE UNNANU PLATFORM OR THE OTHER UNNANU SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE UNNANU PARTIES OR THROUGH THE SITES, THE APPLICATIONS, THE UNNANU PLATFORM OR THE OTHER UNNANU SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
19.2 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”.
YOU EXPRESSLY AGREE THAT THE USE OF ANY OF THE UNNANU SERVICES, THE HIRING OR ENGAGING OF ANY PROSPECTIVE EMPLOYEES OR THE ACCEPTANCE OF ANY JOB OFFER, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE UNNANU SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
19.3 PLATFORM OPERATION AND CONTENT.
THE UNNANU PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH ANY OF THE UNNANU SERVICES, OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY UNNANU, THE UNNANU PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE UNNANU SERVICES OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
19.5 HARM TO YOUR COMPUTER.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH ANY OF THE UNNANU SERVICES OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
20. Limitation of Liability and Damages.
20.1 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE UNNANU PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, ASSESSMENTS, RESULTS OR CONTENT ON THE SITES, THE APPLICATIONS, THE UNNANU PLATFORM OR THE OTHER UNNANU SERVICES OR ANY THIRD-PARTY SITES, OR ANY OTHER INTERACTIONS WITH UNNANU, AN EMPLOYER OR A PROSPECTIVE EMPLOYEE, EVEN IF UNNANU OR A UNNANU AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, UNNANU’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20.2 LIMITATION OF DAMAGES.
IN NO EVENT WILL THE UNNANU PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITES, THE APPLICATIONS, THE UNNANU PLATFORM OR THE OTHER UNNANU SERVICES, OR YOUR INTERACTION WITH EMPLOYERS, PROSPECTIVE EMPLOYEES AND OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) TEN DOLLARS ($10) AND (B) THE AMOUNT PAID BY YOU, IF ANY, TO UNNANU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
20.3 RELEASE FOR DISPUTES BETWEEN USERS.
If you have a dispute with any other Users (including any Prospective Employee or Employer) or other third parties, you hereby release Unnanu and the other Unnanu Parties 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 Section 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.”
20.4 THIRD-PARTY SITES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN UNNANU AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE UNNANU SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
20.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT UNNANU HAS OFFERED THE UNNANU SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND UNNANU, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND UNNANU. UNNANU WOULD NOT BE ABLE TO PROVIDE ANY OF THE UNNANU SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
20.6 LIMITATIONS BY APPLICABLE LAW.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
21. United States Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Unnanu Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
Unnanu may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Unnanu Services. Notice will be deemed given twenty-four hours after the email is sent, unless Unnanu is notified that the email address is invalid. Alternatively, Unnanu may give you legal notice by mail to a postal address, if provided by you through any of the Unnanu Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the Unnanu Services are deemed given 30 days following the initial posting.
The failure of Unnanu to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Unnanu.
22.3 DISPUTE RESOLUTION.
If a dispute arises between you and Unnanu, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Unnanu agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Sites, the Applications, the Unnanu Platform or the other Unnanu Services (a “Dispute”) will be resolved in accordance with this Section 22.3 or as Unnanu and you otherwise agree in writing. Before resorting to these dispute methods, Unnanu strongly encourages you to first contact Unnanu directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE UNNANU SERVICES.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND UNNANU (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE UNNANU SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND UNNANU HEREBY EXPRESSLY WAIVE TRIAL BY JURY. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND UNNANU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor Unnanu will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST Unnanu INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Unnanu is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 22.3(b) is found not to apply to you or your claim, you and Unnanu agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Austin, TX. Both you and Unnanu irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Unnanu may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) This arbitration agreement will survive the termination of your use of any of the Unnanu Services or your relationship with Unnanu.
(c) 30 Day Right to Opt Out. Prospective Employees have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 22.3 above by sending written notice of your decision to opt-out to the Unnanu contact information listed at the bottom of these Terms. The notice must be sent to Unnanu within thirty (30) days of your registering to use the Unnanu Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 22.3. If you opt-out of these arbitration provisions, however, we also will not be bound by them.
(d) Improperly Filed Claims. All claims you bring against Unnanu must be resolved in accordance with this Section 22.3. All claims filed or brought contrary to this Section 22.3 shall be considered improperly filed. Should you file a claim contrary to this Section 22.3, Unnanu may recover attorneys’ fees and costs up to $15,000, provided that Unnanu has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Unnanu without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Sites, the Applications, the Unnanu Platform or any of the other Unnanu Services or your relationship with Unnanu, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, and 6 to 22.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
22.8 ENTIRE AGREEMENT.
22.9 NO AGENCY.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
22.10 GEOGRAPHIC RESTRICTIONS
Unnanu is based in the state of Texas in the United States. Unnanu makes no claims that any of the Unnanu Services or any of the content is accessible or appropriate outside of the United States. Access to the Sites, the Applications, the Unnanu Platform or any of the other Unnanu Services may not be legal by certain persons or in certain countries. If you access any of these Unnanu Services or hire or engage any Prospective Employee or accept any job offer from AN Employer from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Unnanu with respect thereto.
22.11. ELECTRONIC COMMUNICATIONS
The communications between you and Unnanu use electronic means, whether you visit the Site or the Unnanu Services or send Unnanu e-mails, or whether Unnanu posts notices on the Site or Unnanu Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Unnanu in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Unnanu provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Sites, the Applications, the Unnanu Platform and the other Unnanu Services are offered by Unnanu located at: 119 Nueces St, 2nd Floor, Austin, TX 78701 and email: firstname.lastname@example.org.
If you are a California resident, you may have this same information emailed to you by sending a letter to Unnanu, LLC., 119 Nueces St , 2nd Floor, Austin, TX 78701 with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2018 Unnanu, LLC.