Findera Terms of Service
Last Modified: Oct 17, 2018
Welcome to findera!
findera’s purpose is to help business professionals be successful. Many professional endeavors start with finding the right companies and the right people. Our goal is to help you create and nurture mutually beneficial professional relationships.
The findera website and services (the “Services”) are provided by Yozio Inc. a Delaware corporation DBA findera, located at 251 Kearny Street, San Francisco, CA 94108, USA. The terms “findera”, “we” and “us” refer to Yozio Inc.
These Terms of Service (the "Terms") govern your access to and use of our websites and content (the “Content”) they contain. These Terms also include our Privacy and Cookies Policy. By accessing and using the Services, you agree to comply with these Terms. If you are using the Services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our Services.
Eligibility to Use the Services
By using the Services, you represent that you are over the age of 18. You also represent that you are not a person barred or restricted from receiving our Services under the laws of the United States or any other applicable jurisdiction. If you do not comply with the foregoing terms, you must not access or use our Services.
If you are a resident of the EU, Iceland, Liechtenstein, Norway, or Switzerland, you will not be able to create a findera account at this time.
Using the Services
You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
You agree that you will not misuse our Services. For example and without limitation, you agree that you will not:
- Use the Services or access the Site with malicious intent.
- Impersonate another person, or his or her email address, misrepresent your current or former affiliation with a company, or employer, or access someone else’s User Account.
- Interfere with our Services or try to access them other than via the interface and the instructions that we provide.
- Copy, modify or create derivative works of the Services (including their Content) without our express written permission.
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to the Services and their Content without our express written permission.
We may suspend or stop providing the Services to you if you do not comply with our Terms or if we are investigating suspected misconduct.
Intellectual Property Rights
findera reserves all of its intellectual property rights in the Services. Using the Services does not give you ownership of any intellectual property rights in our Services or the Content you access.
You may not use any branding or logos used in our Services. findera, the “magnet” logo, and other findera trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of findera. Other trademarks and logos used in connection with the Services are the trademarks of their respective owners.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
Subject to the Terms of Service, findera grants you a limited, personal, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by findera as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by findera, in the manner permitted by these Terms, and solely for your individual business purposes.
You may not copy, modify, distribute, sell, sublicense or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
About Content in our Services
Our Services enable users to view, search, and interact with “Content” (information about companies and business professionals) provided by us and our partners.
If you are accessing or using the Services in accordance with the Terms, we grant you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license under the intellectual property rights held or licensed by us to view, copy, print, and download Content from the Services solely for your personal use in connection with using the Services. All rights not expressly granted are reserved by findera.
findera’s Privacy and Cookies Policy describes how we collect and use information when you use our Services. By using our Services, you agree that findera can use this information in accordance with our privacy policies.
For example, our automated systems may analyze your usage and search activity to provide you with relevant product features, such as customized search results. This analysis occurs as you navigate the Services, enter query terms, or use the filters provided.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of these communications.
Creating an account with findera is optional. You may use our Services without creating an account. A findera account allows you to do more and use certain personalized aspects of our Services.If you choose to register and create an account (“User Account”), you agree to provide accurate and current information about yourself at the time of account creation. You also agree to maintain and update your personal information as needed to keep it accurate and current. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you agree to notify us immediately.
- access such systems or services using data you provide to us;
- otherwise take any action in connection with such systems or services as is reasonably necessary for us to provide the Services to you.
You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. If at any time you do not have the right and authority to allow findera access to such system(s) or service(s), then you hereby agree to immediately disable such functionality using the corresponding settings offered by the third party system(s) or service(s).
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop some of our Services altogether. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice.
We may suspend or terminate your access to all or parts of the Services, without notice to you, if we believe that you have violated these Terms. If you have created an account, we may delete your account and prohibit you from using or accessing the Services. We may do this at any time and without notice, if we believe in our sole discretion, that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of the Services.
Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER FINDERA NOR ITS LICENSORS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
UNLESS PROHIBITED BY LAW, FINDERA, AND ITS LICENSORS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
UNLESS PROHIBITED BY LAW, THE TOTAL LIABILITY OF FINDERA, AND ITS LICENSORS, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
IN ALL CASES, FINDERA, AND ITS LICENSORS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business Uses of our Services
If you are using our Services on behalf of a business, you represent that this business accepts these Terms. The business and you will hold harmless and indemnify findera and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's’ fees.
The laws of the State of California, U.S.A., excluding California’s conflict of laws rules, and applicable US Federal law (including the Federal Arbitration Act) will govern the interpretation, enforcement and any disputes arising out of or relating to these Terms or the Services. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Arbitration and Class Action, Jury Trial Waiver, and Jurisdiction
Read this section carefully because it requires the parties to arbitrate their disputes (excluding any claims for injunctive or other equitable relief as provided below) and limits the manner in which you can seek relief from findera.
For any dispute with findera, you agree to first contact us in writing at Yozio Inc, DBA findera, 251 Kearny Street, San Francisco, CA 94108, USA describing the nature and basis of your dispute, and attempt to resolve the dispute with us informally. In the event that findera has not been able to resolve such a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to the Services or these Terms, or the breach or alleged breach thereof, by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and findera agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section or these Terms shall be deemed as preventing findera from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights and you and findera consent to personal jurisdiction in those courts.
With respect to all persons and entities, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
You agree that, by entering into these Terms, you and findera are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Fair Credit Reporting Act
findera is not a consumer reporting agency for purposes of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. (“FCRA”). None of the information in our databases has been collected, in whole or in part, for the purpose of furnishing “consumer reports,” as defined in the FCRA, and the additional protections afforded to consumers, and obligations placed on credit reporting agencies, are not contemplated by, nor contained within, these Terms.
You may not use any information obtained from the Services and Content in connection with determining a prospective candidate’s suitability for:
- health insurance or any other insurance,
- credit and/or loans,
- education, scholarships or fellowships,
- housing or other accommodations,
- benefits, privileges or services provided by any business establishment,
- or for any other purpose covered by the FCRA, by the Federal Trade Commission’s interpretations of the FCRA, and/or by similar state statutes.
By using findera, you acknowledge and agree that findera is not procuring employees for employers or procuring opportunities to work for candidates. findera merely provides a tool enabling employers and candidates to find information. The sole responsibility for the interpretation of the information, any subsequent requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of findera is solely with employers or candidates as applicable.
findera cannot confirm the information about its users, including the identity of any user. findera does not inquire into the backgrounds of candidates or employers or attempt to verify the statements of candidates or employers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a candidate or accepting an offer of employment from an employer. You are responsible for complying with all laws and regulations relating to the intended employment of any candidate. If you are a candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the employer. findera also makes no statement as to whether a particular skill is necessary for a job and it is an employer’s sole responsibility to make such determination in accordance with the EEOC or other applicable laws.
findera is not a third party to or liable for any agreements between an employer and candidate, regardless of whether or not findera receives a fee from the employer in connection with the transaction. findera will not be liable for any costs or damages arising out of or related to such transaction.
Digital Millennium Copyright Act
If you believe that the findera site contains content that infringes on your US copyright, please contact our Copyright Agent at either firstname.lastname@example.org or by mail to Yozio Inc, DBA findera, 251 Kearny Street, San Francisco, CA 94108, USA and provide all of the following information:
- your postal address, telephone number, and email address;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by you, the US copyright owner, its agent, or the law;
- an electronic signature (if the submission is by email) or physical signature (if the submission is by postal mail) of the person authorized to act on behalf of the owner of the US copyright interest; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the US copyright owner or authorized to act on the copyright owner’s behalf.
About these Terms
We may modify these Terms or add additional terms, for example, to reflect changes to the law or changes to our Services. We will post notice of modifications to these Terms on this page. Changes will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions in our Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for the Services, you must discontinue your use of our Services.
The Terms are the entire agreement between findera and you regarding the Services. They do not create any third party beneficiary rights.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
In the event that a particular term is not enforceable, this will not affect any other Terms.
If you have questions or suggestions, please contact us at email@example.com.
You may also write to us at Yozio Inc, DBA findera, 251 Kearny Street, San Francisco, CA 94108, USA