THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
IF YOU ARE A JOB SEEKER RESIDENT IN THE EUROPEAN UNION, PLEASE SEE SECTION 18 WHICH DESCRIBES ADDITIONAL TERMS FOR CONSUMERS (JOB SEEKERS) BASED IN THE EUROPEAN UNION).
Certain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service (“Specific Terms of Service”). A Specific Terms of Service supplements this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
A person who refers to another person.
These are the people that are recommending your product or service to others. They can be users, resellers, affiliates, partners or any other program-specific term you choose to use.
A person who was referred by another person.
These are the new customers you are acquiring from your referral program. They can be paying customers, non-paying customers or even other people who signed up to your referral program.
Types of Users:
The word “you” as used in this agreement will apply to visitors who browse Cloudly.engineer websites and individuals who access and use the Services on their own behalf and/or on behalf of an entity.
- Users that use the Services to search for employees, view resumes, profiles, referrals, or curriculum vitae, and/or post and/or distribute job openings (“referrals”), on behalf of themselves and/or a third party are also referred to in this Agreement as, a “Referrer”
- If you use Cloudly.engineer on behalf of an employer, organization, agency, institution, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf
In addition to the rest of this Agreement, please review the terms of Section 9 carefully if you are using the Services as a Client.
- If you use the Services to register for job alerts by text and/or email or any other method made available to you or to upload your resumé or CV, or to search for or apply to referrals, we refer to you as, a “Job Seeker”.
In addition to the other provisions of this Agreement, please review the terms of Section 8 carefully if you are using the Services as a Job Seeker
2. USE OF THE SERVICES
You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with Cloudly.engineer. You may not use the Services if your use of the Services has been previously terminated or suspended by Cloudly.engineer unless we have provided you with specific written authorization to re-use the Services.
By providing Cloudly.engineer your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you have consented to receive email job alerts, we will send you job alerts until you opt-out of such alerts.
If you do not want to receive such email messages, you may opt out or change your preferences in your Account page (for Referrer) or by following the opt-out and/or unsubscribe instructions in the email message. You can also contact Cloudlyengineer@gmail.com. Note: Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By applying to a referral on the Services, you give us permission to store your information on the Services and to share your information (including your resume), with the entity that posted the referral.
By connecting to Cloudly.engineer using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You acknowledge and agree that Cloudly.engineer may use third party vendors and/or partners to provide the Services (or any portion of the Services) to you, and share personal information with such third parties as necessary in order to provide the Services to you.
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Referrer.
C. User Accounts
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Services by changing the settings in your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. All Users must keep their account passwords secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify Cloudly.engineer immediately of any breach of security or unauthorized use of your account. Cloudly.engineer will not be liable for any losses caused by any unauthorized use of your account.
Users have no ownership rights in their accounts and in the event that your account is terminated by you or us, the contents of your account may not be available. Cloudly.engineer reserves the right to delete a User Account in the event of any inactivity.
If you access the Services through a social networking site, you agree that Cloudly.engineer can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account such that the same information is available in your Cloudly.engineer account. You agree that we are not liable for any personal information that is made available to us in violation of your privacy settings with the applicable social networking site.
Cloudly.engineer may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, if we believe that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
D. General Rules for Use of Services
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Cloudly.engineer servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Cloudly.engineer grants the operators of public search engines revocable permission to use spiders to copy materials from Cloudly.engineer for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvi) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by Cloudly.engineer.
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services (for paid products and services). We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Cloudly.engineer Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Cloudly.engineer shall have no liability for your interactions with other Users, or for any User’s action or inaction. Cloudly.engineer shall have no obligation to you to enforce this Agreement against any other User.
If you have questions about the Services or your Account, please email us at Cloudlyengineer@gmail.com.
3. USER CONTENT AND USERS
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, referrals, company information, a job seeker’s application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information (“User Content”).
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
The following list is intended to be illustrative of the types of User Content that is prohibited, but is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from, anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false or misleading; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, “Intellectual Property Rights” means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Referrer providing or submitting referrals, you further agree that such content will not contain any personally identifiable information.
You agree that Cloudly.engineer makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, referrals and resumés. You further agree that Cloudly.engineer acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that Cloudly.engineer is not responsible and has no liability, for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and referrals and content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although Cloudly.engineer has no obligation to screen User Content, to the extent that Cloudly.engineer becomes or is made aware of, User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with Cloudly.engineer, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for Cloudly.engineer or otherwise negatively impact Cloudly.engineer, Cloudly.engineer reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.
Please note Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or similar laws in your jurisdiction), which are intended to exclude or limit the liability of online service providers such as Cloudly.engineer, which provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).
The decision by Cloudly.engineer to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: “No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…..”
You understand and agree that Cloudly.engineer does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release Cloudly.engineer, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
Cloudly.engineer reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of Cloudly.engineer where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
4. USER CONTENT LICENSE GRANT
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to Cloudly.engineer, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Cloudly.engineer websites, distributing such User Content through the Cloudly.engineer distribution and publishing network and in job alerts to job seekers, and to promote Cloudly.engineer and the Services. This license continues even if you stop using the Services.
If you are a Referrer, you acknowledge and agree that Cloudly.engineer has no obligation, and may be unable, to remove your referrals and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the Cloudly.engineer distribution and publisher network, (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into fixed media displays of Cloudly.engineer or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Cloudly.engineer to identify you as a User of the Services in any promotional and marketing materials to promote Cloudly.engineer and the Services. Further, to the extent you have given Cloudly.engineer the right to access certain User Content that is present on another website or service you own or control, you give Cloudly.engineer the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by Cloudly.engineer of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
5. MOBILE SOFTWARE
We may make available software to access the Services via a mobile or tablet device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Cloudly.engineer does not warrant that the Mobile Software will be compatible with your mobile device. Cloudly.engineer hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Cloudly.engineer account on mobile devices owned or leased solely by you, for your personal use. You may not : (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Cloudly.engineer may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Cloudly.engineer or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Cloudly.engineer reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all applicable laws related to use of the Mobile Software and the Services.
(1) Mobile Software from Apple App Store. The following applies to any Mobile Software you acquire from the Apple App Store or its successors (“Apple App Store-Sourced Software”) as operated by Apple Inc. or one of its affiliates (“Apple”): To the extent the other terms and conditions of the Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the Apple App-Store Software. You acknowledge and agree that this Agreement is solely between you and Cloudly.engineer, not Apple, and that Apple has no responsibility for the Apple App-Store Software or content thereof. Your use of the Apple App-Store Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App-Store Software. In the event of any failure of the Apple App-Store Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App-Store Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App-Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Cloudly.engineer as provider of the software. You and Cloudly.engineer acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple App-Store Software or your possession and/or use of the Apple App-Store Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App-Store Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Cloudly.engineer as provider of the Apple App-Store Software. You acknowledge that, in the event of any third party claim that the Apple App-Store Software or your possession and use of that Apple App-Store Software infringes that third party’s intellectual property rights, Cloudly.engineer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Cloudly.engineer acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Apple App-Store Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple App-Store Software against you as a third-party beneficiary thereof.
(3) Mobile Software from Google Play. If you acquire any Mobile Software from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), then to the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to your use of any Mobile Software that you acquire from Google Play. Cloudly.engineer and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Cloudly.engineer or you (or any other user) under this Agreement or the Google Play Terms.
6. OUR PROPRIETARY RIGHTS
With the exception of content owned by, or licensed from, third parties, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, “Cloudly.engineer Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Cloudly.engineer. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Cloudly.engineer Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide Cloudly.engineer suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, “Feedback”), you agree that Cloudly.engineer shall own such Feedback. Accordingly, you understand and accept that Cloudly.engineer will be free to use, disclose, reproduce, license or otherwise distribute, commercialize and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
7. PAID SERVICES
A. Billing Policies
Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Recurring charges are billed in advance of service. Cloudly.engineer may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that Cloudly.engineer has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
B. No Refunds
You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that Cloudly.engineer suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with Cloudly.engineer, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay Cloudly.engineer the entire fees due for the subscription, product or service, as applicable.
C. Payment Information; Taxes; Delinquent Payments
All information that you provide in connection with a monetary transaction 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 at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time Cloudly.engineer 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 Cloudly.engineer upon written notice.
If you elect to add additional paid services or products to your selected subscription or upgrade your subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.
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 legal fees and expenses) incurred by Cloudly.engineer in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
D. Credit and Debit Cards
In the event that you pay for any Services using a credit card or debit card, you authorize Cloudly.engineer to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) (“Payment Method”), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that Cloudly.engineer may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
E. Free Trials and Subscription Services (for Referrer that have not executed a paper contract)
(i)Free Trial. If you have been offered a free trial to the job posting Services (“Free Trial”), you may be required to: (a) select a desired subscription plan (“Subscription Plan”) and (b) provide valid credit card/debit card and billing information. Your credit/debit card will not be charged until the expiration of the Free Trial (if you don’t cancel before the end of the Free Trial). You can cancel at any time during the Free Trial deleting your account or you may also send us an email at Cloudlyengineer@gmail.com. If you wish to cancel online, follow the instructions on the website to cancel your free trial immediately. It is your responsibility to timely cancel your Free Trial prior to the expiration of the term of the Free Trial to avoid any unwanted charges. Once your Free Trial is cancelled you will lose access to information regarding candidates, referrals and other features of the applicable Subscription Plan. If you don’t cancel prior to the end of the Free Trial term, we will automatically charge your debit/credit card for the first 30 days (if, for example, you are on a monthly Subscription Plan) or the first year (if you chose an annual Subscription Plan) or other applicable recurring period depending on the selected Subscription Plan (“Initial Plan Term”). We will continue to charge your debit/credit card at the beginning of the applicable renewal period following the Initial Plan Term unless you notify Cloudly.engineer that you do not wish to renew prior to the end of the Initial Plan Term.
(ii) Subscription Plans and Renewals. Subscription Plans will automatically renew for recurring periods depending on the duration of your selected Subscription Plan (e.g., every 30 days, 3 months, 6 months, annual or other period), unless you notify Cloudly.engineer of any changes or requests not to renew (i.e., to cancel), prior to the end of the Initial Plan Term (each, a “Renewal Plan Term”) or each Renewal Plan Term. Cancellation requests should be made in accordance with the instructions provided on the applicable Cloudly.engineer website or in accordance with Section 7 E. (iii) below. At the time of automatic renewal, if you have provided a credit or debit card, the applicable subscription or other fees will be charged to the debit or credit card provided and/or associated with your account, or you will be invoiced for payment.
(iii) Cancellation. For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any Renewal Plan Term. You may also send us an email at Cloudlyengineer@gmail.com, and one of our representatives will contact you. Make sure you cancel prior to your next billing renewal date to avoid any unwanted charges. Your account will be cancelled effective on your next billing date. Once your account is cancelled you will lose access to all content and features under your selected Subscription Plan. You agree and accept that you will not receive any refund if you request a cancellation and that the cancellation request shall become effective at the end of the Initial Plan Term or Renewal Plan Term in which the cancellation notice is received by Cloudly.engineer.
(iv) Suspension or Termination for Breach. Cloudly.engineer can suspend or terminate your access to the Services and/or this Agreement in the following instances: (i) if you breach this Agreement and cannot correct the breach within that period required by Cloudly.engineer if the breach is capable of cure; (ii) immediately, if you fail to pay any monies owed to Cloudly.engineer for paid services or if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (iii) immediately in the event of recurring violations of this Agreement; and (iv) for convenience via email notification to you and in the event of such termination for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan. In the event of any termination or suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with Cloudly.engineer (other than a termination for convenience by Cloudly.engineer as described in such agreements), you remain responsible for the entire amount of the fees pertaining to the applicable Services. Cloudly.engineer may suspend your access to the Services without notice in the event of a suspected violation of this Agreement. You may terminate this Agreement if Cloudly.engineer materially breaches this Agreement and does not cure the breach within three hundred sixty four (364) days after receipt of written notice from you, which notice must be emailed to: Cloudlyengineer@gmail.com. Pre-paid fees are non-refundable, except in the case of an uncured material breach by Cloudly.engineer, in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan.
You agree that if you have a Cloudly.engineer account or if you have provided your resume/CV to Cloudly.engineer and/or if you have signed up for job alerts, we may use the information you provide to send you information about referrals that may be of interest to you and you also agree that we may provide your resume/CV (to the extent that you have not designated it as private), to an employer or recruiter or a referrer who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to.
To the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume Database or because you have applied to a referral on a Cloudly.engineer website), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a non-exclusive, royalty-free, worldwide licence (and right to sub-license), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfil the services we provide to you.
A. Job Applications in General
You can choose how to submit your Job Application using the options offered through the Services. If you elect to apply through a third-party account such as Facebook or LinkedIn.com, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be provided to the entity that posted the applicable referral. You can also submit a Job Application through your mobile device if available.
Once you submit a Job Application or request a referral, your resume and other applicable information will be shared with the entity that posted the referral. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
If you ask Cloudly.engineer to submit a message to any employer or referer or third party or if you apply for a job or ask for a referral using the Services, you accept that Cloudly.engineer does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a referral are entirely in the control of that entity and if you require alternate screener questions or application process, you must contact the applicable entity directly.
B. Applying to referrals on a Cloudly.engineer Website
When you apply to a request a referral on a Cloudly.engineer website, you can send the resume associated with your account (to the extent an account was created as described in Section 8.C. below).
If you have manually logged out of your account or if you have been automatically logged out of your account because of inaction or some other reason, before we send the resume associated with your account, we will ask you to input your email so we can verify your identity. Once you receive the verification email and confirm your identity by following the instructions in the email, we will send out the resume associated with your account.
IMPORTANT: (if feature available) It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you apply to a referral so an employer receives the most up-to-date information about you. If you have opted in to the Resume Database, make sure that employers see the most up-to-date information about you. In order to delete old resumes, edit your resume, or upload a new resume, please go to the Profile settings in your User account.
C. Account Creation.
In addition to your ability to manually create a Cloudly.engineer account yourself.
If you do not wish to have a Cloudly.engineer account, please contact Cloudlyengineer@gmail.com or go to your account settings and close your account.
D. Interactions with Other Users; Scams; Confidentiality
You are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to, 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 you elect to share as part of your User Profile or Job Application or resume/CV that. Only list the contact information that you are comfortable disclosing to Referrer and other Users of the Services.
In addition to carefully reviewing this section and Section 3 above, you should conduct your own due diligence on potential employers and referrals that may be of interest to you. As mentioned in Section 3, Cloudly.engineer does not authenticate Users or guarantee that a referral is suitable, legitimate or real. If you are concerned about any particular communication you have received from a potential employer or employee (either because it’s unsolicited or you received the communication in response to your Job Application), or if you are concerned about any particular referral you find on Cloudly.engineer, or if you find a referral that is fake or fraudulent, you should do the following:
- Contact Cloudly.engineer immediately at Cloudlyengineer@gmail.com and do not respond to the sender of the communication; and concurrently,
- Conduct your own Internet search of the company and the person who contacted you.
- Many scammers use the names of legitimate companies to defraud job seekers. So, look up the email of the human resources department and/or recruiting department of the company that is purporting to contact you about the job, and ask them to verify that the person who contacted you is actually connected with the company. If the email address of the person contacting you doesn’t include the name of the company, that should also alert you to conduct further checks.
- An Internet search may alert you to complaints about the individual and/or the company concerned because it’s likely that you aren’t the first person that has been ‘scammed’. There may be online forums that warn people about potentially fraudulent referrals.
- U.S. job seekers should check whether any complaints were made to organizations such as the Better Business Bureau or the Federal Trade Commission (“FTC”). The FTC provides recommendations on its website regarding job scams, including, but not limited to: https://www.consumer.ftc.gov/articles/0243-job-scams.
- Job seekers in the United Kingdom should conduct similar Internet searches and can also check websites such as www.safer-jobs.com. You should also report Scams to Safer Jobs at: https://www.safer-jobs.com/contact.cfm?type=fraud.
- If you discover that an email received is connected to a fake or fraudulent referral, you should send that email to email provider that hosts the scammer’s email address and request that the account be closed. Some of the more common fraud departments are:
- If you have already disclosed your bank details or received funds into your account you should contact your bank immediately to stop any transactions and ask their advice regarding next steps. You should also file a police report. UK jobseekers can also receive advice for preventing banking fraud at www.banksafeonline.org.uk and/or can call Action Fraud on 03001232040 or visit http://www.actionfraud.police.uk.
- US job seekers should file a complaint with the FTC at https://www.ftccomplaintassistant.gov/#crnt&panel1-1, their State Attorney General and their local Consumer Protection Agency. You can find more information by reviewing the video at:https://www.consumer.ftc.gov/media/video-0052-job-scams and https://www.consumer.ftc.gov/topics/jobs-making-money.
Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.
The following is a non-exhaustive list of red flags that should alert you to check whether a communication is legitimate and/or whether any particular referral is fake or fraudulent (“Scam”). But, this list doesn’t cover every scenario; it’s merely intended to highlight some of the more common Scams. For more information, you should visit the websites listed above. Be on the alert:
- If you’re offered a job soon after submitting your resume/CV, without having to go through an interview or other usual hiring process. Usually, when you apply for a vacancy, you expect to wait a few days or weeks to hear back, and then go through a hiring and interview process. Scams will offer you the job almost immediately;
- If the ‘employer’ or Referrer claims that they found your resume/CV on a website and offers you the job immediately;
- If the ‘employer’ or Referrer sends you a check (to cover your initial salary or buy equipment for example), and asks you to deposit the check in your bank account and send them a check for some smaller amount. In addition to contacting Cloudly.engineer, you should take the check and any records of the communication to your local Police Department and file a police report;
- If the ‘employer’ or Referrer requires you to spend money on training or materials;
- If the ‘employer’ or Referrer asks you for personal details and/or financial details that you didn’t include in your resume/CV. The requested information may be your bank details or your birth date, passport number or copy of your passport, social security number, etc. This type of information isn’t typically required until you’ve gone through a hiring process including a formal interview, possibly met the employer in person, and receive a formal offer letter or contract of employment;
- If the email or other communication from the ‘employer’ or Referrer, contains misspellings, grammatical errors, is badly written or disjointed, and/or contains exclamation marks and words or sentences in capital letters, and/or requires you to accept the job offer immediately;
- If you applied for a role that is less senior to the one that is offered to you or offers a salary that is more than you would expect for the role you applied to; or
- If a referral provides a lot of detail about a role but very little information about the type of candidate that is desired.
Additionally, although Cloudly.engineer requests that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive through the Services, Cloudly.engineer cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.
9. ADDITIONAL TERMS THAT APPLY TO PROVIDERS OF Referrals
A. Content Rules
With respect to all referrals that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of referrals (whether owned by you or your clients), will comply with advertising standards and applicable laws; (ii) you have the necessary rights to permit the publication and use of referrals by Cloudly.engineer pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of referrals will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of referrals shall comply with the then-current versions of this Agreement and Ad Guidelines (referenced below); and (v), you have the authority to grant permission to Cloudly.engineer to wrap or collect referrals from applicable websites if necessary, to include in distributions and any such wrapping will not cause Cloudly.engineer to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of referrals or material to which users can link though such referrals. You agree to indemnify and hold Cloudly.engineer and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with referrals provided by you or any other content provided by you, or your breach of this Agreement.
You agree not to post or promote any referrals that: contain inaccurate, false, or misleading information; contain “hidden” keywords or keywords that are irrelevant to the job opportunity being presented; sell, promote or advertise products or services; endorse a particular political party, political agenda, or political position or promote a particular religion; advertise job openings located in countries subject to economic sanctions of the United States Government or the European Union; except where allowed by applicable law, require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age; contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13; includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; involves any franchise, pyramid scheme, “club membership”, distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contain content that violates applicable laws; 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 Job Seeker would be selling, in which case such referrals are permissible); requires citizenship or lawful permanent residence in a country unless that is required in order to comply with law, regulation, or a federal, state or local government contract; contain links to any site competitive with Cloudly.engineer other than to an actual job posting.
Additionally, referrals must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labour and employment, and anti-discrimination (or the equivalent in the country that the referrals are made available, posted or distributed).
B. Authorized Users
You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit access to the number of users that are allowed under your account to those permitted under your selected Subscription Plan (each, an “Authorized User”). Additionally, you agree that: log-in credentials and account information will not be shared with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) 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 Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other agreement that you have with Cloudly.engineer; (v) you will promptly notify Cloudly.engineer of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with Cloudly.engineer with respect to investigation of any suspected or alleged violation of this Agreement and any action by Cloudly.engineer to enforce this Agreement. Cloudly.engineer may suspend, limit, condition, or terminate an Authorized User’s access to the Services or any features thereof, in the event that Cloudly.engineer reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
D. Removal of Advertisements
You acknowledge and agree that Cloudly.engineer may, with no liability or penalty, remove any referral or other content, communication or information posted, which in the sole judgment of Cloudly.engineer, violates or may violate this Agreement, applicable laws, rules or regulations, or third party terms; or may adversely affect Cloudly.engineer; or 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.
F. Job Seekers
Cloudly.engineer may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and professionally with individuals who may respond to your referral and agree to indemnify us from and against any claim brought by an individual against Cloudly.engineer arising from your breach of this Agreement or any other agreement you have with Cloudly.engineer.
G. Providers of referrals from the United Kingdom
You confirm that the content of all referrals you submit or provide, shall comply with the Data Protection Act 1998, The Equality Act 2010, and applicable laws relating to anti-discrimination and the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at: https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice
In addition, if you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973), you promise to comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2004 (the “Regulations”) and the Employment Agencies Act 1973.
H. Data Protection.
You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; for the purposes of this Agreement, ‘Personal Data’ means data which relates to a living individual who can be identified (i) from such data, or (ii) from such data together with other information which is in your possession or is likely to come into your possession; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend Cloudly.engineer at your own expense against all costs, claims, damages or expenses incurred by Cloudly.engineer for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. INFRINGING OR ILLEGAL CONTENT
A. DMCA Notice Procedure
It is the policy of Cloudly.engineer to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify the Cloudly.engineer copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Services;
- Information reasonably sufficient to permit Cloudly.engineer to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following email Cloudlyengineer@gmail.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
In accordance with the DMCA and other applicable law, Cloudly.engineer has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. Cloudly.engineer may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Other Illegal or Infringing Content (Applicable to Users resident in the European Union)
If you believe in good faith that any content on the Services is illegal or infringes your or a third party’s right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: Cloudlyengineer@gmail.com. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.
13. THIRD-PARTY LINKS AND SERVICES
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cloudly.engineer and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with Cloudly.engineer, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, your violation of the US Fair Credit Reporting Act and any applicable data protection laws; (v) any claims or damages that arise as a result of your User Content; (vi) any other party’s access and use of the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.
15. NO WARRANTY
A. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cloudly.engineer DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Cloudly.engineer, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
B. Universal Disclaimer
Cloudly.engineer DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Cloudly.engineer WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Cloudly.engineer DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
16. LIMITATION OF LIABILITY
(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL Cloudly.engineer, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; (II), LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL Cloudly.engineer BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cloudly.engineer ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
(C) IN NO EVENT SHALL Cloudly.engineer, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Cloudly.engineer IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $1, WHICHEVER IS LESSER.
(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF Cloudly.engineer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17. AGREEMENT TO ARBITRATE
This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Cloudly.engineer to binding and final arbitration. You will only be permitted to pursue claims against Cloudly.engineer 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.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 17. is enforceable, the following mandatory arbitration provisions apply to you:
A. Binding Arbitration
This Section 17 is referred to in this Agreement as the “Agreement to Arbitrate”. Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and Cloudly.engineer or its affiliates, whether relating to the Services, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at http://www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Cloudly.engineer. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. 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. Except as otherwise provided in this Agreement, you and Cloudly.engineer may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and Cloudly.engineer agree that any arbitration shall be limited to the Dispute between Cloudly.engineer and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
C. Exceptions to Informal Negotiations and Arbitration
You and Cloudly.engineer agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Cloudly.engineer intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
D. 30 Day Right to Opt Out of Arbitration
You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 17 by sending written notice of your decision to opt-out to Cloudlyengineer@gmail.com. The notice must be sent to Cloudly.engineer within thirty (30) days of your registering to use the Services or agreeing to these terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
18. ADDITIONAL TERMS FOR CONSUMERS (JOB SEEKERS) BASED IN THE EUROPEAN UNION.
If you are a Job Seeker, acting as a consumer and resident in the European Union, the following additional terms will apply to you:
A. Governing Law and Jurisdiction
Section 17 (Agreement to Arbitrate) and Section 20 (A) (Governing Law and Location) shall not apply to you. In their place, the following provisions shall apply to you:
If you are a Job Seeker, acting as a consumer and resident in the European Union, you agree that this Agreement shall be governed by the law of your country of residence without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Cloudly.engineer both agree to submit to the non-exclusive jurisdiction of the courts in the country of your residence.
B. Limitation of Liability
Section 16 (Limitation of Liability) shall not apply to you. In its place, the following provision shall apply to you:
If you are a Job Seeker, acting as a consumer and resident in the European Union, and Cloudly.engineer fails to comply with any clause of this Agreement, Cloudly.engineer is not responsible for loss or damage you suffer that is a foreseeable result of a breach by Cloudly.engineer of this Agreement or as a result of the negligence of Cloudly.engineer. Cloudly.engineer is not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if they were an obvious consequence of a breach by Cloudly.engineer or if they were contemplated by you and Cloudly.engineer at the time you agreed to this Agreement. If such clauses are prohibited pursuant to mandatory consumer laws of your country of residence, this limitation of liability will not apply to you.
Cloudly.engineer will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Services; or
- use of or reliance on any User Content displayed on the Services or accessed via the Services, including, but not limited to, referrals, resumes/CVs, content of messages, and other User Content
If you are a Job Seeker, acting as a consumer and resident in the European Union, Cloudly.engineer does not exclude or limit in any way its liability for:
- death or personal injury caused by the negligence of Cloudly.engineer
- fraud or fraudulent misrepresentation by Cloudly.engineer; and
- your rights as a consumer under applicable law of the country in which you reside
- any other liability that cannot be excluded or limited by applicable law
C. Disclaimer of Warranties
Section 15(A) (Disclaimer of Warranties) shall not apply to you. In its place, the following provisions shall apply to you:
Cloudly.engineer will not be liable to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or on any website linked to it.
Cloudly.engineer does not make any representations, warranties or guarantees, whether express or implied, that the content on the Services, including User Content, is accurate, complies with applicable laws, is current and up-to-date, is fit for your particular use, does not infringe any third party’s intellectual property rights, or is truthful.
To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on it, whether express or implied.
Cloudly.engineer is not liable and not responsible for authentication or verification of any Users, including, without limitation, employers, recruiters, staffing agencies, referrers, or Job Seekers, or the authentication or verification of the veracity, accuracy, completeness, legitimacy, legality or truthfulness of User Content including, without limitation, referrals and resumes.
Section 14 (Indemnity) shall not apply to you if you are a Job Seeker acting as a consumer and resident in the European Union.
19. EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESS REGULATIONS 2003 (FOR USERS IN THE UNITED KINGDOM)
For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the, “Regulations”), job seekers, referrers and recruiters should be aware that Cloudly.engineer is not an employment business and operates as a venue only, and accordingly, does not introduce or supply work-seekers to recruiters (or vice versa). Accordingly, Cloudly.engineer does not, without limitation: (i) acquire sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill; (ii) acquire confirmation of the identity of a work-seeker or that the individual has the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled; (iii) verify that the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled; (iv) give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances; (v) propose work-seekers to recruiters or provide any information about them other than in the course of providing a search function to recruiters to make keyword searches of the CV database; (vi) take up any references in relation to a work-seeker; or (vii) make any arrangements for accommodation of work-seekers.
Since Cloudly.engineer is only a venue and does not propose or introduce work-seekers to recruiters or vice versa, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seeker’s suitability for the role. These checks could include: (A) if you are a work-seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position; and (B) if you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position and additionally, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications, background checks and references. Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute for your own verifications of the candidate’s qualifications, work history and otherwise suitability for the position.
A. Governing Law and Location
The Services are controlled and operated by Cloudly.engineer from within the United States of America. Cloudly.engineer makes no representations that the Services or the materials available via the Services, are appropriate or available for use in locations outside of the United States or the European Union. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all United States of America laws as well as local laws, if and to the extent local laws are applicable.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement and any Disputes shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Except as otherwise expressly provided in this Agreement, all arbitration and other litigation in a court of competent jurisdiction of any dispute between you and Cloudly.engineer related to this Agreement shall be located in Stafford, Virginia.
You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of the General Counsel of Cloudly.engineer or his/her designee. Cloudly.engineer can assign this Agreement or delegate its obligations without restriction.
C. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, referrer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Except as set out in this Agreement, only you and Cloudly.engineer may enforce this Agreement as this contract is between you and Cloudly.engineer; no other party shall be entitled to enforce the terms of this Agreement.
D. Notification Procedures
Cloudly.engineer may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our websites, as determined by Cloudly.engineer in its sole discretion. Cloudly.engineer reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. Cloudly.engineer is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add Cloudlyengineer@gmail.com to your email address book to help ensure you receive email notifications from us.
Under California Civil Code Section 1789.3, California users of the Services receive 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., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
E. Entire Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with Cloudly.engineer in connection with the Services, shall constitute the entire agreement and understanding between you and Cloudly.engineer concerning the Services. You acknowledge and agree that you have not relied upon any statement, promise or representation made or given by or on behalf of Cloudly.engineer, which is not set out in this Agreement or any document expressly referred to herein.
G. Compliance with Laws
You agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities.
Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and documentation relating to the Services (“Confidential Information”). You agree that: (a) all Confidential Information will remain the exclusive property of Cloudly.engineer; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of the Cloudly.engineer websites.
I. Equitable Relief
You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause Cloudly.engineer irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Cloudly.engineer may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, Cloudly.engineer may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
J. No Publicity.
You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval from Cloudly.engineer. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties, concerning this Agreement, the Services, and/or Cloudly.engineer, to our email at: Cloudlyengineer@gmail.com.
K. Electronic Contracting.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY Cloudly.engineer WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by Cloudly.engineer. No failure by Cloudly.engineer to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by Cloudly.engineer preclude any other or future exercise of that right or any other right hereunder by Cloudly.engineer. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.