Agreement

Octopyd User Agreement v20221009

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Welcome to the Octopyd website (this “Site”). This Site is owned and operated by ProLinkd Inc. (dba Octopyd). Please read these Terms of Use carefully before using this Site. By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, and/or submitting any content or personal information to Octopyd, you agree to and are bound by the terms, conditions, policies, and notices contained on this page (these “Terms”), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law.

Site Content

This Site is for your personal and noncommercial use. All contents of this Site are: ProLinkd Inc. All Rights Reserved. This Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement, and “look and feel” of this Site and the Content may become copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of this Site transfers any right, title, or interest in the Site or the Content to you, and Octopyd and its third-party licensors retain all of its and their respective right, title, and interest to the Site and Content.

Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Octopyd. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.

This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

Certain materials on this Site may be furnished by third parties. Certain company designations for companies other than Octopyd may be mentioned on the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Octopyd’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Your use of the Site does not create a joint venture, partnership, agency, or employment relationship with Octopyd. Octopyd does not warrant that use of this Site will result in employment or offers of employment. You alone are responsible for evaluating and managing all information contained on this Site, including job opportunities and employment listings. Octopyd encourages you to exercise common sense and caution in your use of the Site.

Contract

You agree that by clicking “Join Now”, “Join Octopyd”, “Sign Up”, or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Octopyd (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to Octopyd.com, Octopyd-branded apps, Octopyd Learning, and other Octopyd-related sites, apps, communications, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with Octopyd” and “Share with Octopyd” plugins. Registered users of our Services are “Members,” and unregistered users are “Visitors.”

Octopyd

You are entering into this Contract with Octopyd (also referred to as “we” and “us”).

As a Visitor or Member of our Services, the collection, use, and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

2.1 Members and Visitors When you register and join the Octopyd Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

2.2 Change We may modify this Contract, our Privacy Policy, and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services or by other means to give you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send notice about changes to these terms means that you consent to the updated terms as of their effective date.

Obligations

Service Eligibility

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that: (1) you must be the "Minimum Age" (described below) or older; (2) you will only have one Octopyd account, which must be in your real name; and (3) you are not already restricted by Octopyd from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

Minimum Age” means 18 years old. However, if law requires that you must be older in order for Octopyd to lawfully provide the Services to you without parental consent (including using your personal data) then the Minimum Age is such older age.

Your Account

Members are account holders. You agree to

use a strong password and keep it confidential. Octopyd may send pin codes to your email. You agree to keep these pin codes confidential.

to not transfer any part of your account (e.g. connections)

to follow our User Conduct policy. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account

User Conduct

By using this Site, including all Content and services available through it, you agree that you shall not:

Delete, modify, hack or attempt to change or alter any of the Content on the Site;

Use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;

Use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine; Personal user information & company data cannot be harvested or compiled without knowledge and written permission of Octopyd.

Use any Octopyd names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text

Use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

Transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

Create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or

Provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity;

All data in the Site, including but not limited to companies’ information, third party companies’ information, jobs, posts, clients’ or candidate’s information are considered confidential information. Any use, copying, distributing, and publishing of any of those information is strictly prohibited, and requires advance notice and authorization from Octopyd. Octopyd reserves the right to pursue damages in case of any unauthorized use of such information.

Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

The Content is used solely for personal, informational, or internal business purposes;

The Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

All copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies

The Content is not modified or altered in any way; and

No graphics are used separately from accompanying text.

You may also link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:

You do not frame the Site or any portion of the Site;

You do not deep link into the Site (i.e., you do not link into any page other than the home page or the links on the home page);

The hyperlink to the Site is not used in a way that suggests that Octopyd endorses you or your website;

The link to the Site is not used or presented in any way that disparages Octopyd or tarnishes, blurs or dilutes the quality of Octopyd’s name or trademarks or any associated goodwill; and

The link to the Site is not displayed on any web page that displays objectionable content or links.

An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, and messages. Information and contents that you share or post may be seen by other Members, Visitors or others (including off the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Octopyd connections, restricting your profile visibility from search engines, or opting not to notify others of your Octopyd profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

Modifications to Terms

Octopyd may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.

Termination of Site/Modifications to Site

Octopyd reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, 3.3, 3.4, 3.5, this Section 5, 8, and 10-16 of these Terms shall survive any termination. Octopyd may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Octopyd will not be liable to you or any third party in the event that Octopyd exercises its right to modify or terminate access to the Site or portions of the Site.

Your Privacy

Octopyd will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Octopyd has designated or may designate an agent to receive notifications of alleged copyright infringement associated with the Site. Octopyd will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at support@Octopyd.com or through the address set forth at the end of this page. If material is believed in good faith by Octopyd to infringe a copyright or otherwise violate any intellectual property rights, Octopyd will remove or disable access to any such material.

Other Sites, Third Party Content

As a convenience to you, this Site may provide links to web sites and/or access to content, products, and services of third parties, including without limitation, Octopyd’s affiliates, clients, partners, and other entities (“Third Party Content”). Third Party Content may include job listings or other employment or career information. You bear all risk associated with use of or reliance upon Third Party Content. In some instances, the connection to Third Party Content may consist of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Octopyd does not author, edit, or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Octopyd, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, including your participation in promotions, the payment for and delivery of goods, if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third-party services, and your correspondence or business dealings with entities other than Octopyd found on or through this Site.

Typographical Errors

Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Octopyd therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OCTOPYD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. OCTOPYD MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING THE RECEIPT OF ANY OFFERS OF EMPLOYMENT; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, EMPLOYMENT OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL OCTOPYD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF OCTOPYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IF THE LIMITATIONS SET FORTH IN THIS SECTION 11 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, OCTOPYD’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend, and hold Octopyd, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees, and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms, or your violation of any rights of another.

Limitation on Actions Brought Against Octopyd

You agree that any claim or cause of action arising out of these Terms or your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Octopyd to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Octopyd may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Hayward, California, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 14 be deemed invalid or otherwise unenforceable for any reason, it shall be severed, and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts located in the Northern District of California, and the parties irrevocably consent to the personal jurisdiction and venue therein.

Acknowledgement

You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.

General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Octopyd’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of California without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules, and regulations of the United States will govern. These Terms of Use and the Privacy Policy as posted from time to time by Octopyd on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

Contact Information

If you have any questions about these Terms of Use, the practices of Octopyd, or your dealings with this Site, please contact us through the address below. You may also contact us at support@Octopyd.com to update your personal information by notifying us when you change your name or email address."