Terms of Service

Placement.com Terms of Service

These Terms of Services apply to your use of placement.com, and any other websites, applications, or services provided, owned or operated by Placement Holdings, Inc. (with its affiliates, “Placement.com”) that link to these Terms of Service and include the website, job placement and relocation services (collectively with Placement.com, the “Placement.com Services”).

Use of the Placement.com Services

This Placement.com Services are made available to individuals and entities seeking the Placement.com Services, directly or indirectly, including but not limited to agencies or other parties. You acknowledge and agree that your license to access the Placement.com Services are automatically revoked upon your attempt to use the Placement.com Services for any other purpose.

Use of any automated system or software to extract data from Placement.com (such as scraping or crawling) is strictly prohibited. Placement.com reserves the right to take such action as it deems necessary, including issuing legal proceedings without further notice.

Placement.com may access and use certain content available on third-party websites to enhance and provide the Placement.com Services.

Placement.com Rules

You agree to only access or attempt to access the Placement.com services through its intended interface. You agree that you will not engage in any activity that interferes with or disrupts the Placement.com Services, its servers or networks. Unless you have been specifically permitted to do so in a separate, written agreement with Placement.com, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Pacement.com Services for any purpose. You agree that you are solely responsible for any breach of your obligations under these Terms of Service, and for any consequences (including any loss or damage which Placement.com may suffer) of any such breach.

You agree that you shall not transmit or upload to or through the Placement.com Services any harmful code, or use or misappropriate the Placement.com Services for your own commercial gain. This includes any software that is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication.

You agree that you will not transmit, send, or upload any material through the Placement.com Services that is unlawful, false, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable. This may include, but it not limited to, transmission of content that may be harmful to minors, disclosure of confidential information you do not have the consent to disclose, attempt to impersonate another person or entity, or otherwise misrepresent your identity, provide false information, promote or encourage illegal activity, interfere with another user’s enjoyment of the Placement.com Services, violate the legal rights of others, or create multiple accounts without permission.

You agree that by accessing the Placement.com Services, you will provide true, accurate, current and complete information about yourself, use the services in a professional manner, and be responsible for the confidentiality of your login information. You agree that you will comply with all applicable laws, including but not limited to, privacy, intellectual property, anti-spam, export control, tax, and regulatory obligations.

You agree that Placement.com may communicate with you (directly or through a third-party), through the Placement.com Services, or by email, phone, or postal mail, and use contact information that you provide to Placement.com, or that Placement.com obtains from third-parties. By providing your mobile phone number, you expressly consent to receiving communication via such mobile number. To revoke consent at any time, you may contact us hello@placement.com.

The Placement.com Services is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Placement.com to lawfully provide the Placement.com Services to you, then that shall apply as the applicable minimum age. If you are under the age of 18, or the age of majority in your jurisdiction, you must use the Placement.com Services under the supervision of your parent, legal guardian, or responsible adult.

If you use the Placement.com Services, you agree and consent to Placement.com sharing your information with potential employers and other third-parties for the purposes of job placement, recruiting, relocation, and other services necessary for Placement.com to provide the Placement.com Services. You also agree and consent to those third-parties using and sharing that necessary information internally and with others in order to assist Placement.com to provide the Placement.com Services.

Payment

If you use the Placement.com Services, you agree to pay Placement.com under the terms outlined within the Income Share Agreement, including any applicable fees and taxes. You also agree that Placement.com will store payment information (including, but not limited to, bank account, credit card, social security number, billing address, employer information, and/or other information).

Disclaimer of Warranties

TO THE EXTENT ALLOWED UNDER LAW, PLACEMENT.COM AND ITS AFFILIATES (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE PLACEMENT.COM SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE PLACEMENT.COM SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PLACEMENT.COM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS OF SERVICE), PLACEMENT.COM AND ITS AFFILIATES (AND THOSE THAT PLACEMENT.COM WORK WITH TO PROVIDE THE PLACEMENT.COM SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF PLACEMENT.COM AND ITS AFFILIATES (AND THOSE THAT PLACEMENT.COM WORK WITH TO PROVIDE THE PLACEMENT.COM SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE GREATER THAN THE FEES YOU HAVE INCURRED IN USING THE PLACEMENT.COM SERVICES.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PLACEMENT.COM AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PLACEMENT.COM OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Intellectual Property

Placement.com reserves all of its intellectual property in the Placement.com Services. Using the Placement.com Services does not give you any license or ownership in the Placement.com Services. Placement.com and related logos are the trademarks of Placement.com.

If you believe in good faith that your copyright has been violated, you may send us a notice of infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) at the following address

431 Jessie Street, San Francisco, CA 94103

Governing Law and Dispute Resolution

You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any dispute to these Terms of Service or the Placement.com Services. You agree that all claims and disputes can be litigated only in the federal or state courts in San Francisco County, California, and that you agree to personal jurisdiction in those courts.

Termination

Placement.com reserves the right at all times to terminate users and provision of the Placement.com Services for any reason, without notice. On termination, you will lose the right to access or use the Placement.com Services. These Terms of Service will survive termination.

Miscellaneous

If a court with authority over the Placement.com Services or these Terms of Service find any part of the Terms of Service or Privacy Policy unenforceable, you agree that the court should modify the terms to make it enforceable while still achieving its intent. If a court finds modification not possible, you agree to ask the court to remove the unenforceable part, and that the rest of the terms are enforceable.

These Terms of Service are not assignable or transferable without the prior written consent by Placement.com. If we do not enforce a breach of these Terms of Service, you agree that Placement.com has not waived its rights.

Changes and Updates to These Terms of Service

Placement.com reserves the right to change, modify, add or delete portions of these Terms of Service at any time. Your use of the Placement.com Services constitutes your binding acceptance of such changes.

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