TERMS AND CONDITIONS
FOR PYNOT, LLC (iOS Users)
1.Introduction: Please read this page carefully. It contains the terms and conditions (the “TERMS AND CONDITIONS”) governing your access to and use of the Application provided by PYNOT, LLC. If you do not accept these TERMS AND CONDITIONS or you do not meet or comply with their provisions, you may not use the PYNOT, LLC Application. This TERMS AND CONDITIONS is effective as of February 2, 2017.
2.Acknowledgement: The TERMS AND CONDITIONS is concluded between PYNOT, LLC and the User. PYNOT, LLC acknowledges that Apple, Inc. is not responsible for the TERMS AND CONDITIONS or the content thereof. These TERMS AND CONDITIONS will govern any type of use or transaction with any User and PYNOT, LLC whatsoever.
3.Binding Agreement: These TERMS AND CONDITIONS and your use of the Application constitute a binding agreement between you and PYNOT, LLC. Your access or use of the Application indicates your acceptance of the terms and conditions set forth herein. You are agreeing to use the Application at your own risk.
4.Amendments to this Agreement: PYNOT, LLC reserves the right to update or revise these terms and conditions set forth herein. Any changes made will be binding on the date they are posted and any further use of the Application will be considered acceptance of the new or updated terms and conditions. If at any time you wish to disclaim the terms and conditions or you find them unacceptable, you may not use the Application any longer. PYNOT, LLC may make any changes to the Application at any time without recourse.
5.General Use: The Application is intended for individuals seeking employment and for employers seeking candidates for employment. You may use the Application only for lawful purposes within the stated context of PYNOT, LLC’s intended and acceptable use. PYNOT, LLC is the sole interpreter of the Application’s intended and acceptable use.
6.Definition of Terms in this Agreement:
7.Intellectual Property Rights
a.Intellectual Property: PYNOT, LLC retains all rights, title, and interests in the Application, and the Application is the sole property of PYNOT, LLC and is protected by United States and foreign copyright, trademark, and any other laws. Except for the limited licenses expressly granted to you in these TERMS AND CONDITIONS, PYNOT, LLC reserves for itself and its licensors all other rights, title, and interests. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content, materials, documents, or information related to the Application, or use them in any other way for public or commercial purpose. This prohibition includes, but is not limited to, (a) copying or adapting anything listed or produced on the Application; (b) using or attempting to use any tools, devices, scripts, robots, mechanisms, or processes to navigate, search, or access any materials other than the search mechanism provided by the Application; (c) aggregating, copying, or duplicating in any manner any of the content or information related to the Application without express permission from PYNOT, LLC. In the event of any User infringing upon the intellectual property rights of PYNOT, LLC, PYNOT, LLC will have the sole right and responsibility to investigate, defend, settle, and discharge of any such intellectual property infringement claim. In the event of any claim for infringement upon any third party’s intellectual property rights that arise from the License Agreement, PYNOT, LLC and not Apple, Inc., will be responsible for any investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
b.Scope of License: The license granted to the User for the Application is a limited, terminable, non-exclusive, and non-transferable license to use the Application on any Apple product that the User owns or controls as permitted by the Usage Rules set forth in the App Store Terms of Service. Furthermore, the following license terms apply to the following types of Users:
8.Maintenance and Support: PYNOT, LLC is solely responsible for providing maintenance and support services with respect to the Application. PYNOT, LLC acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
9.Product Claims: PYNOT, LLC is responsible for addressing any claims that arise out of the use or control of the Application, including but not limited to (i) product liability actions, (ii) any claims arising from the Application failing to conform with any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, (iv) and any other applicable law to the use and control of this Application. PYNOT, LLC is under no obligation to screen any Document, User Posting or any other User submitted information at any time. Should PYNOT, LLC receive notice from anyone that any Document, User Posting, or any other User submitted information violates these TERMS AND CONDITIONS, PYNOT, LLC reserves the right to investigate the claim and, in its sole discretion, remove the same and/or terminate the User’s license to the Application, but PYNOT, LLC has no obligation or liability for engaging or failing to engage in these activities. PYNOT, LLC assumes no responsibility for any Posts from Users that may be defamatory or may contribute to any other viable claim under tort law.
10.Disclaimer of Warranties:
a.PYNOT, LLC provides the Application without any warranties, express or implied of any kind, and the application is provided only on an “as is” basis. To the fullest extent permitted by law, PYNOT, LLC disclaims all warranties including but not limited to, the Warranties of fitness for a particular purchasee, Merchantability, Title, and Non-infringement of Third Parties’ Rights. PYNOT, LLC makes no warranties about the reliability, effectiveness, accuracy nor timeliness of the Application.
b.notwithstanding the above, PYNOT, LLC does not represent that the Application will operate error-free or that the Application is free of any glitches or viruses or any other harmful mechanisms. If your use of the Application results directly or indirectly in the need for servicing or replacing equipment or data, PYNOT, LLC is not liable for any damages stemming from the service or replacement of equipment or data, including but not limited to the costs.
c.Furthermore, PYNOT, LLC makes no warranties, representations, or guarantees regarding the completeness, truthfulness accuracy, timeliness reliability, or reliability of any Documents, Videos, or any other Information posted by users or of any other communication by any Users. Documents, Videos, and all other Information may contain inaccuracies or typographical errors. You agree to solely assume the risk of your reliance on any Documents posted by Users, or on any other communication with Users.
d.PYNOT, LLC makes no warranties, representations or guarantees regarding the Content of the Application.
e.PYNOT, LLC makes no warranties, representations or guarantees regarding the effectiveness of the application or the timeliness of the application in meeting any user’s Employment Objectives. PYNOT, LLC makes no warranty, representation, promise, or guarantee that the Application will result in candidates being hired, positions being filled, or potential employees being retained. pynot, llc is not responsible or liable for any hiring, employment, and/or salary decisions, for whatever reason made, made by any user.
11.Limitation of damages
a.You assume all responsibility and risk for your use of the Application, the internet generally, the postings and documents submitted to the application that you post, provide, or access, ANY COMMUNICATIONS BY YOU THROUGH THE APPLICATION, and for your conduct at all times on and off of the Application.
b.Under no circumstances shall PYNOT, LLC be liable for any non-direct damages whatsoever resulting from, arising under, or in connection with services or the use or access to, or the inability to use or access the Application and/ or any Documents posted, whether such non-direct damages be, without limitation, incidental, consequential, lost profits, or other damages and whether such non-direct damages be based on contract, tort, warranty, or any other legal theory. Should a state or jurisdiction not allow the limitation of liability or exclusion of consequential or incidental damages, the limitation of the preceding sentence may not apply to you, and pynot, llc’s maximum liability to you for any non-direct type of damages shall be only $0.00 in the aggregate.
c.PYNOT, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, ADVERTISERS OR SUBSIDIARIES SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DIRECT DAMAGES IN EXCESS OF the AGGREGATE OF $0.00 OR THE AMOUNTS ACTUALLY PAID BY YOU TO PYNOT, LLC UNDER THESE TERMS AND CONDITIONS, WHICHEVER IS GREATER.
d.Under no circumstances will PYNOT, LLC be liable for the use or control of any document or any other information that is posted on the Application. The user is solely responsible for all content posted and will indemnify PYNOT, LLC for any and all damages arising out of the use or control of any and all information that the user posts or retrieves from the Application. pynot, llc is under no obligation to verify users, and any user releases pynot, llc from any demands, claims, or damages of any kind or nature, known or unknown, including but not limited to direct, indirect, actual or consequential, resulting from any disputes between employers and potential employees and/or any user
e.YOU FURTHER AGREE THAT PYNOT, LLC MAY AVAIL ITSELF OF ANY AND ALL EQUITABLE RELIEF AVAILABLE TO IT SHOULD YOU BREACH THIS AGREEMENT.
f.should either party have to enforce this agreement through legal proceedings, the prevailing party shall be entitled to the reimbursement of all court costs, litigation costs, and reasonable attorney’s fees as allowed by law in addition to the other remedies provided herein.
12.Privacy Policy: When you register with PYNOT, LLC’s Application, you will be asked to create an account and provide certain information, including but not limited to a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account. In addition, PYNOT, LLC may contact Users periodically and may share your information with third-parties in accordance with PYNOT, LLC’s Privacy Policy. PYNOT, LLC reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities even to the extent that such compliance may require disclosure of any and all User Information. In addition, third parties may retain cached copies of User Information.
13.Disclaimer of Third Party Use: You acknowledge and agree that PYNOT, LLC may provide the Application through the use of third party providers, including subcontractors and consultants. You agree that PYNOT, LLC and the Third Party will have sole responsibility for handling all billing and contract negotiations.
14.Acknowledgement of Third Party Beneficiaries: Upon the User’s acceptance of these TERMS AND CONDITIONS, third party beneficiaries and their subsidiaries have the right to enforce this agreement against the User for violating any term or condition set forth herein. Third Party Beneficiaries include but are not limited to Apple, Inc. and any of Apple, Inc.’s subsidiaries.
15.Use of Aggregate Data: You understand and agree that PYNOT, LLC owns and has the right to collect, extract, compile, synthesize, and analyze any data that may arise from any and all information or document posted to the Application in accordance with its Privacy Policy. PYNOT, LLC may use any such Aggregate Data for its own use and purposes as well as any other use and purposes required by law without any duty to disclose to you.
16.Indemnity: You agree to defend, indemnify, and hold harmless PYNOT, LLC (and its subsidiaries, agents, affiliates, officers, directors, and employees) from any and all third party claims, actions, or demands (including without limitation any costs, damages, legal fees, accounting fees, and any other monies owed arising out of such claims) alleging or resulting from or in connection with your use of the Application, any document or information posted by you, your use of the application, or any breach of agreements related to this transaction.
17.Legal Compliance: PYNOT, LLC is not located in a country that is subject to a United States embargo nor a “terrorist supported” Country. PYNOT, LLC is not listed in any of the U.S. Government lists of prohibited or restricted parties. By accepting these TERMS AND CONDITIONS, You acknowledge and warrant that you are not located in a country that is subject to a United States embargo nor a “terrorist supported” Country. You further acknowledge and warrant that you are not listed in any of the U.S. Government lists of prohibited or restricted parties.
18.Choice of Law: You agree that should any legal cause of action or dispute arise from these TERMS AND CONDITIONS, your transaction with PYNOT, LLC, or any use of the Application, that you will be under the laws of the State of South Carolina and that proper venue to assert such claims or disputes is in Charleston County.
19.Age Restrictions: Pursuant to the Children’s Online Privacy Protection Act of 1998, you represent and warrant that you are over the age of thirteen (13), and if under the age of eighteen (18) or the age of majority as defined in your jurisdiction, you will use the Application under the supervision of a parent or legal guardian. No person under the age of thirteen (13) shall post, download, or use in any way this Application for any reason on any device manufactured or produced by a third party. PYNOT, LLC clearly defines in this agreement that all use related to the Application is solely for persons above the age of thirteen (13) and under no circumstances is inviting or attempting to collect any personal information of any person under the age of thirteen (13). Use by a person under the age of thirteen (13) is strictly prohibited.
20.Notices: Any questions arising from use of the Application should be sent through the Feedback form contained in the Application. Any and all claims arising from these TERMS AND CONDITIONS must be sent to PYNOT, LLC located at 334 East Bay Street, Suite #221, Charleston, SC 29401. PYNOT, LLC will send notice to you at the email and/or physical address submitted by you as it reasonably determines is appropriate.
21.General: PYNOT, LLC makes no representations, guaranties, or warranties that the Application may be used outside of the United States, and you do so at your own risk. PYNOT, LLC may assign these TERMS AND CONDITIONS freely and without your consent, and you may not assign any rights or obligations under these TERMS AND CONDITIONS without PYNOT, LLC’s consent. Should any provision of these TERMS AND CONDITIONS be deemed invalid by any court of competent jurisdiction, the validity of the remaining portions of these TERMS AND CONDITIONS shall not be altered and shall remain in full force and effect, despite the invalidity of all or part of a provision. These TERMS AND CONDITIONS constitute the entire agreement between you and PYNOT, LLC, except as expressly provided by PYNOT, LLC in a specific notice, PYNOT, LLC’s Privacy Policy, or on PYNOT, LLC’s web page. Should PYNOT, LLC waive any right herein, such waiver shall not be asserted as a continuing waiver of the same term or any other term herein.
22.Policies and Procedures related to the Use of the Application:
TERMS AND CONDITIONS
FOR PYNOT, LLC (Google Users)
1.Introduction: Please read this page carefully. It contains the terms and conditions (the “TERMS AND CONDITIONS”) governing your access to and use of the Application provided by PYNOT, LLC. If you do not accept these TERMS AND CONDITIONS or you do not meet or comply with their provisions, you may not use the PYNOT, LLC Application. This TERMS AND CONDITIONS is effective as of February 3, 2017.
2.Acknowledgement: The TERMS AND CONDITIONS is concluded between PYNOT, LLC and the User. These TERMS AND CONDITIONS will govern any type of use or transaction with any User and PYNOT, LLC whatsoever.
3.Binding Agreement: These TERMS AND CONDITIONS and your use of the Application constitute a binding agreement between you and PYNOT, LLC. Your access or use of the Application indicates your acceptance of the TERMS AND CONDITIONS set forth herein. You are agreeing to use the Application at your own risk.
4.Amendments to this Agreement: PYNOT, LLC reserves the right to update or revise these terms and conditions set forth herein. Any changes made will be binding on the date they are posted and any further use of the Application will be considered acceptance of the new or updated terms and conditions. If at any time you wish to disclaim the terms and conditions or you find them unacceptable, you may not use the Application any longer. PYNOT, LLC may make any changes to the Application at any time without recourse.
5.General Use: The Application is intended for individuals seeking employment and for employers seeking candidates for employment. You may use the Application only for lawful purposes within the stated context of PYNOT, LLC’s intended and acceptable use. PYNOT, LLC is the sole interpreter of the Application’s intended and acceptable use.
6.Definition of Terms in this Agreement:
7.Intellectual Property Rights
a.Intellectual Property: PYNOT, LLC retains all rights, title, and interests in the Application, and the Application is the sole property of PYNOT, LLC and is protected by United States and foreign copyright, trademark, and any other laws. Except for the limited licenses expressly granted to you in these TERMS AND CONDITIONS, PYNOT, LLC reserves for itself and its licensors all other rights, title, and interests. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content, materials, documents, or information related to the Application, or use them in any other way for public or commercial purpose. This prohibition includes, but is not limited to, (a) copying or adapting anything listed or produced on the Application; (b) using or attempting to use any tools, devices, scripts, robots, mechanisms, or processes to navigate, search, or access any materials other than the search mechanism provided by the Application; (c) aggregating, copying, or duplicating in any manner any of the content or information related to the Application without express permission from PYNOT, LLC. In the event of any User infringing upon the intellectual property rights of PYNOT, LLC, PYNOT, LLC will have the sole right and responsibility to investigate, defend, settle, and discharge of any such intellectual property infringement claim. In the event of any claim for infringement upon any third party’s intellectual property rights that arise from the License Agreement, PYNOT, LLC and not Google, Inc., will be responsible for any investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
b.Scope of License: The license granted to the User for the Application is a limited, terminable, non-exclusive, and non-transferable license to use the Application on any device that can access the Google Store as permitted by the Usage Rules set forth in the Google Store Terms of Service. Furthermore, the following license terms apply to the following types of Users:
8.Maintenance and Support: PYNOT, LLC is solely responsible for providing maintenance and support services with respect to the Application. PYNOT, LLC acknowledges that Google, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
9.Product Claims: PYNOT, LLC is responsible for addressing any claims that arise out of the use or control of the Application, including but not limited to (i) product liability actions, (ii) any claims arising from the Application failing to conform with any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, (iv) and any other applicable law to the use and control of this Application. PYNOT, LLC is under no obligation to screen any Document, User Posting or any other User submitted information at any time. Should PYNOT, LLC receive notice from anyone that any Document, User Posting, or any other User submitted information violates these TERMS AND CONDITIONS, PYNOT, LLC reserves the right to investigate the claim and, in its sole discretion, remove the same and/or terminate the User’s license to the Application, but PYNOT, LLC has no obligation or liability for engaging or failing to engage in these activities. PYNOT, LLC assumes no responsibility for any Posts from Users that may be defamatory or may contribute to any other viable claim under tort law.
10.Disclaimer of Warranties:
11.limitation of damages
12.Privacy Policy: When you register with PYNOT, LLC’s Application, you will be asked to create an account and provide certain information, including but not limited to a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account. In addition, PYNOT, LLC may contact Users periodically in accordance with PYNOT, LLC’s Privacy Policy. PYNOT, LLC reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities even to the extent that such compliance may require disclosure of any and all User Information. In addition, third parties may retain cached copies of User Information.
13.Disclaimer of Third Party Use: You acknowledge and agree that PYNOT, LLC may provide the Application through the use of third party providers, including subcontractors and consultants. You agree that PYNOT, LLC and the Third Party will have sole responsibility for handling all billing and contract negotiations.
14.Acknowledgement of Third Party Beneficiaries: Upon the User’s acceptance of these TERMS AND CONDITIONS, third party beneficiaries and their subsidiaries have the right to enforce this agreement against the User for violating any term or condition set forth herein. Third Party Beneficiaries include but are not limited to Google, Inc. and any of Google, Inc.’s subsidiaries.
15.Use of Aggregate Data: You understand and agree that PYNOT, LLC owns and has the right to collect, extract, compile, synthesize, and analyze any data that may arise from any and all information or document posted to the Application as outlined in our Privacy Policy. PYNOT, LLC may use any such Aggregate Data for its own use and purposes as well as any other use and purposes required by law without any duty to disclose to you.
16.Indemnity: You agree to defend, indemnify, and hold harmless PYNOT, LLC (and its subsidiaries, agents, affiliates, officers, directors, and employees) from any and all third party claims, actions, or demands (including without limitation any costs, damages, legal fees, accounting fees, and any other monies owed arising out of such claims) alleging or resulting from or in connection with your use of the Application, any document or information posted by you, your use of the application, or any breach of agreements related to this transaction.
17.Legal Compliance: PYNOT, LLC is not located in a country that is subject to a United States embargo nor a “terrorist supported” Country. PYNOT, LLC is not listed in any of the U.S. Government lists of prohibited or restricted parties. By accepting these TERMS AND CONDITIONS, You acknowledge and warrant that you are not located in a country that is subject to a United States embargo nor a “terrorist supported” Country. You further acknowledge and warrant that you are not listed in any of the U.S. Government lists of prohibited or restricted parties.
18.Choice of Law: You agree that should any legal cause of action or dispute arise from these TERMS AND CONDITIONS, your transaction with PYNOT, LLC, or any use of the Application, that you will be under the laws of the State of South Carolina and that proper venue to assert such claims or disputes is in Charleston County.
19.Age Restrictions: Pursuant to the Children’s Online Privacy Protection Act of 1998, you represent and warrant that you are over the age of thirteen (13), and if under the age of eighteen (18) or the age of majority as defined in your jurisdiction, you will use the Application under the supervision of a parent or legal guardian. No person under the age of thirteen (13) shall post, download, or use in any way this Application for any reason on any device manufactured or produced by a third party. PYNOT, LLC clearly defines in this agreement that all use related to the Application is solely for persons above the age of thirteen (13) and under no circumstances is inviting or attempting to collect any personal information of any person under the age of thirteen (13). Use by a person under the age of thirteen (13) is strictly prohibited.
20.Notices: Any questions arising from use of the Application should be sent through the Feedback form contained in the Application, and PYNOT, LLC will respond to any such inquiries within three (3) business days. Any and all claims arising from these TERMS AND CONDITIONS must be sent to PYNOT, LLC located at 334 East Bay Street, Suite #221, Charleston, SC 29401. PYNOT, LLC will send notice to you at the email and/or physical address submitted by you as it reasonably determines is appropriate.
21.General: PYNOT, LLC makes no representations, guaranties, or warranties that the Application may be used outside of the United States, and you do so at your own risk. PYNOT, LLC may assign these TERMS AND CONDITIONS freely and without your consent, and you may not assign any rights or obligations under these TERMS AND CONDITIONS without PYNOT, LLC’s consent. Should any provision of these TERMS AND CONDITIONS be deemed invalid by any court of competent jurisdiction, the validity of the remaining portions of these TERMS AND CONDITIONS shall not be altered and shall remain in full force and effect, despite the invalidity of all or part of a provision. These TERMS AND CONDITIONS constitute the entire agreement between you and PYNOT, LLC, except as expressly provided by PYNOT, LLC in a specific notice, PYNOT, LLC’s Privacy Policy, or on PYNOT, LLC’s web page. Should PYNOT, LLC waive any right herein, such waiver shall not be asserted as a continuing waiver of the same term or any other term herein.
22.Policies and Procedures related to the Use of the Application:
Update Effective as of April 12, 2017