Terms of Service
1. KEY TERMS
This is an agreement ("Agreement") between Lucidfile, Inc. ("Lucidfile"), a Delaware corporation, the owner and operator of Lucidfile.com (the "Site"), the Lucidfile recruiting technology and service and "You", "Company", Inc.
1. The words "Lucidfile," "us," "we," and "our," refer to our company, Lucidfile, Inc., our Site or our Service, as is appropriate in the context of the use of the words.
2. The term "User" will refer to Users of our Service.
2. USER CONDUCT
As a condition to access Lucidfile, you agree that you may not and you agree that you will not:
1. Act dishonestly by engaging in unethical behavior by posting inappropriate or inaccurate content to Lucidfile;
2. Abuse, harass or harm another person, including sending unwelcomed communications to other users;
3. Use or attempt to use another's account or create an untruthful identity on Lucidfile;
4. Duplicate, license, transmit, distribute, sell, or otherwise transfer data found on Lucidfile;
5. Reverse engineer, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property on Lucidfile;
6. Copy information, content or any data you view on Lucidfile to provide any service that is competitive with Lucidfile;
7. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on our site;
8. Use bots or other automated methods to access Lucidfile, add or download data on Lucidfile;
9. Attempt to or actually override any security component included in or underlying Lucidfile;
10. Engage in any action that directly or indirectly restricts with the proper working of or places an unreasonable load on Lucidfile's infrastructure, including, but not limited to, attempting to gain unapproved access to Lucidfile, or spreading or activating computer viruses on Lucidfile;
11. Interfere or disrupt our site, including, but not limited to, any servers or networks connected to Lucidfile, or our matching algorithms.
3. LIMITATION OF LIABILITY
Lucidfile shall not be cumulatively liable for any damages in excess of USD $100 or any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided in this section fail of their essential purpose; and not apply to any damage that Lucidfile may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
4. PRIVACY AND SECURITY
While all measures are taken to safeguard your data that is accessible through the service, it is not guaranteed. We are not responsible in any way for any data loss and/or data theft that occurs and you render the Company harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any data loss, data theft, or data leaks.
5. INDEMNITY
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys 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 your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party or your use or misuse of the Site or Service.
6. DISPUTE RESOLUTION
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Lucidfile, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Lucidfile agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Lucidfile agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Lucidfile shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Any claim or dispute (excluding claims for injunctive as set forth below) in connection with the Agreement where the total amount of the award pursued is less than Three Thousand U.S. Dollars (US $3,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking liberation.
7. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
8. DISCLAIMER
We provide the Lucidfile Service and all information and services on an "as is" and "as available" basis. Lucidfile does not control generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Lucidfile and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Lucidfile or anything related to Lucidfile, you may close your Lucidfile account and terminate this agreement and such termination shall be your sole and exclusive remedy. We neither warrant nor represent that your use of the services will not infringe the rights of third parties. Any material, service, or technology described or used on our websites may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Lucidfile does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Lucidfile disclaims all liability for identity theft or any other misuse of your identity or information by others. Lucidfile does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Lucidfiledisclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Lucidfile disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Lucidfile sites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
9. TERMINATION
Lucidfile may limit, suspend or terminate the account of any company or candidate who abuses or misuses the Site or Services. Lucidfile may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. A cancellation shall be effective immediately or as may be stated in the notice. Termination of your Lucidfile account includes disabling your access to Lucidfile and may also bar you from any future use of Lucidfile.
10. INTELLECTUAL PROPERTY
Lucidfile shall own all related intellectual property rights, in and to the Site and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Site or the Service, or any intellectual property rights owned by Lucidfile. The company name, the company logo, and the product names associated with the Site and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
11. CHANGES TO THE TERMS
We will occasionally update this Terms of Service. When we post changes to this Terms of Service, we will revise the "last updated" date at the top of this Terms of Service. We recommend that you check our website from time to time to inform yourself of any changes in this Terms of Service or any of our other policies.
12. CONTACT US
You may contact Lucidfile by email at support@lucidfile.com.
Last Updated: June 20, 2017
This is an agreement ("Agreement") between Lucidfile, Inc. ("Lucidfile"), a Delaware corporation, the owner and operator of Lucidfile.com (the "Site"), the Lucidfile recruiting technology and service and "You", "Company", Inc.
1. The words "Lucidfile," "us," "we," and "our," refer to our company, Lucidfile, Inc., our Site or our Service, as is appropriate in the context of the use of the words.
2. The term "User" will refer to Users of our Service.
2. USER CONDUCT
As a condition to access Lucidfile, you agree that you may not and you agree that you will not:
1. Act dishonestly by engaging in unethical behavior by posting inappropriate or inaccurate content to Lucidfile;
2. Abuse, harass or harm another person, including sending unwelcomed communications to other users;
3. Use or attempt to use another's account or create an untruthful identity on Lucidfile;
4. Duplicate, license, transmit, distribute, sell, or otherwise transfer data found on Lucidfile;
5. Reverse engineer, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property on Lucidfile;
6. Copy information, content or any data you view on Lucidfile to provide any service that is competitive with Lucidfile;
7. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on our site;
8. Use bots or other automated methods to access Lucidfile, add or download data on Lucidfile;
9. Attempt to or actually override any security component included in or underlying Lucidfile;
10. Engage in any action that directly or indirectly restricts with the proper working of or places an unreasonable load on Lucidfile's infrastructure, including, but not limited to, attempting to gain unapproved access to Lucidfile, or spreading or activating computer viruses on Lucidfile;
11. Interfere or disrupt our site, including, but not limited to, any servers or networks connected to Lucidfile, or our matching algorithms.
3. LIMITATION OF LIABILITY
Lucidfile shall not be cumulatively liable for any damages in excess of USD $100 or any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided in this section fail of their essential purpose; and not apply to any damage that Lucidfile may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
4. PRIVACY AND SECURITY
While all measures are taken to safeguard your data that is accessible through the service, it is not guaranteed. We are not responsible in any way for any data loss and/or data theft that occurs and you render the Company harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any data loss, data theft, or data leaks.
5. INDEMNITY
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys 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 your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party or your use or misuse of the Site or Service.
6. DISPUTE RESOLUTION
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Lucidfile, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Lucidfile agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Lucidfile agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Lucidfile shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Any claim or dispute (excluding claims for injunctive as set forth below) in connection with the Agreement where the total amount of the award pursued is less than Three Thousand U.S. Dollars (US $3,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking liberation.
7. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
8. DISCLAIMER
We provide the Lucidfile Service and all information and services on an "as is" and "as available" basis. Lucidfile does not control generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Lucidfile and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Lucidfile or anything related to Lucidfile, you may close your Lucidfile account and terminate this agreement and such termination shall be your sole and exclusive remedy. We neither warrant nor represent that your use of the services will not infringe the rights of third parties. Any material, service, or technology described or used on our websites may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Lucidfile does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Lucidfile disclaims all liability for identity theft or any other misuse of your identity or information by others. Lucidfile does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Lucidfiledisclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Lucidfile disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Lucidfile sites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
9. TERMINATION
Lucidfile may limit, suspend or terminate the account of any company or candidate who abuses or misuses the Site or Services. Lucidfile may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. A cancellation shall be effective immediately or as may be stated in the notice. Termination of your Lucidfile account includes disabling your access to Lucidfile and may also bar you from any future use of Lucidfile.
10. INTELLECTUAL PROPERTY
Lucidfile shall own all related intellectual property rights, in and to the Site and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Site or the Service, or any intellectual property rights owned by Lucidfile. The company name, the company logo, and the product names associated with the Site and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
11. CHANGES TO THE TERMS
We will occasionally update this Terms of Service. When we post changes to this Terms of Service, we will revise the "last updated" date at the top of this Terms of Service. We recommend that you check our website from time to time to inform yourself of any changes in this Terms of Service or any of our other policies.
12. CONTACT US
You may contact Lucidfile by email at support@lucidfile.com.
Last Updated: June 20, 2017