Revised and Effective - 2017.02.21
These Terms (the “Terms”) govern use of the randrr website and services. By using the randrr Platform (defined below) after having an opportunity to review these Terms, you accept them as the contract between you and randrr (referred to herein as “randrr,” “we,” “us” and “our”).
We may amend these Terms by posting an amended version on the randrr website. By continuing to use the randrr website and services following such amendment, you agree to the Terms then posted.
1. License to Use the Platform.
Subject to your compliance with these Terms, randrr provides you with access to our website www.randrr.com, and grants to you a limited, non-exclusive, non-transferable, right and license to use services, information, content and functionality we may make available to you via the website and/or a related mobile application, including an online career opportunities platform that empowers job candidates in their search for employment (collectively the “Platform”). Some parts of the Platform are available to all; others may require you to become a registered user. If you become a registered user, you are responsible for all activities under your user account. You may register only one user account and may not permit others to use your account.
2. Your Responsibilities; Prohibited Conduct.
These Terms permit you to use the Platform for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Platform.
The Platform enables you and other users to post, upload, submit or share communications, messages and other content, including resumes, job applications and other employment-related information (collectively “User Communications”). You alone are responsible for your User Communications. We don’t endorse or compensate for User Communications submitted by you or other users. We may terminate or restrict your use of the Platform (including removal of User Communications), in whole or in part, if we determine you are violating these Terms or applicable law, or we deem your conduct to be harmful to us or others.
The randrr profile and communication forums are designed to help individuals gain access to knowledge and insights that will help them achieve their personal career objectives. You promise your User Communications will not: (a) be false or misleading; (b) infringe any intellectual property rights, other proprietary rights or rights of publicity or privacy; (c) violate any law; (d) be libelous, threatening, defamatory, harassing, obscene or contain any kind of pornography or otherwise offensive, fraudulent or derogatory content; (e) contain any viruses or other harmful code intended to cause harm, damage, mischief; (f) create liability for us or cause us harm; or (g) interfere with the ability of others to enjoy the Platform. Although randrr has no obligation to do so, we may monitor messages and content posted by 3rd parties and reserve the right to delete content that violates these rules. If you believe a message or content violates these policies, please contact email@example.com immediately so that we can be made aware and consider necessary actions regarding content removal.
Additionally, you promise you will not: (h) use any data mining robots, spiders or similar data gathering or extraction methods; (i) attempt to violate the security of the Platform; (j) reverse engineer or decompile any part of the Platform; (k) aggregate, copy or duplicate any of the randrr IP or information available via the Platform, other than as permitted by these Terms; (l) share with a third party any login credentials to the Platform; (m) access data or any part of the Platform not intended for you; or (n) interfere with or disrupt the access of any user, host, or network, including by sending a virus, overloading, flooding, spamming, mail bombing, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Platform.
The Platform is intended for a general audience and is not intended to be used by children under the age of 13. If you are under 13, do not use the Platform or otherwise provide information to us.
3. Proprietary Rights.
The Platform and all text, audio, video, graphics, information, content, and other material at the Platform (the “randrr IP”) are the property of, or used with permission by, randrr and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the randrr IP in any way or reproduce or publicly display, perform, distribute or otherwise use any such randrr IP for any public or commercial purpose. Any unauthorized use of randrr IP may violate the law. You may not remove any copyright, trademark or other proprietary notices from the Platform or any randrr IP. All rights to randrr IP not expressly granted in these Terms are reserved.
Certain trademarks and domain names used on the Platform are registered and unregistered trademarks owned by randrr and/or our affiliates. Other trademarks and domain names used on the Platform are registered and unregistered trademarks owned by others and used with permission by us. Nothing in these Terms grants you any license or right to use any trademarks or domain names used on the Platform without our written permission or the written permission of the owner.
You retain ownership of your User Communications; but you grant to us, our affiliates and designees an unlimited, perpetual, transferable, fully paid up, royalty-free, irrevocable, worldwide license to use your User Communications in all media for our customary business purposes, without the need for any acknowledgment, compensation or attribution. Moreover, we and our affiliates and designees are free to use any ideas, concepts, know-how, or techniques contained in any User Communication for any purpose whatsoever, including developing, marketing, and providing products and services. We own all the information we collect via cookies, web beacons, or other similar automated means. You promise to us that you are entitled to transmit, use, or post User Communications, and you have all relevant licenses and consents from any third parties.
5. Discontinuance, Modification, and Restrictions; Remedies.
We may withdraw or change the Platform, and any randrr IP, in our sole discretion without notice. We will not be liable if all or any part of the Platform is unavailable. We may restrict access to some parts of the Platform, or the entire Platform, for any reason including limiting certain access to registered users only.
If we determine you have breached any portion of these Terms, or have otherwise demonstrated conduct we deem to be inappropriate or unacceptable, we may: (i) warn you via email that you have violated the Terms; (ii) delete User Communications; (iii) temporarily or permanently discontinue your access to the Platform, (iv) notify and fully cooperate with law enforcement authorities for further action; or (v) take other action we deem reasonably appropriate. We reserve the right to maintain data and operational insights from engagement in our product prior to the termination.
If you stop using the Platform, or we discontinue providing the Platform, the following provisions will survive: Sections 4, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17.
7. Disclaimer of Warranties.
USE OF THE PLATFORM IS AT YOUR RISK. RANDRR DOESN’T EVALUATE, SCREEN, OR CENSOR USER COMMUNICATIONS. RANDRR ISN’T INVOLVED IN AND DOESN’T CONTROL TRANSACTIONS BETWEEN USERS OF THE PLATFORM. ACCORDINGLY, RANDRR ISN’T RESPONSIBLE FOR YOUR INTERACTION WITH ANY PERSON VIA THE PLATFORM.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM, OR YOUR USE OF THE PLATFORM, WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. THE PLATFORM IS INTENDED FOR USE IN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE PLATFORM IS APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN OTHER LOCATIONS.
THE WARRANTY DISCLAIMERS IN THIS SECTION 7 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
8. Limitation of Liability.
IN NO EVENT WILL RANDRR, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
UNLESS PROHIBITED BY LAW, YOU WILL INDEMNIFY AND HOLD HARMLESS EACH OF RANDRR, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO (1) YOUR USE OF THE PLATFORM, (2) YOUR VIOLATION OF THESE TERMS, OR (3) INFRINGEMENT BY YOU, OR ANY OTHER USER USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY (1) CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE, OR (2) REQUIRE YOU TO DEFEND RANDRR WITH COUNSEL OF OUR CHOOSING. YOU MAY NOT SETTLE, COMPROMISE OR DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
You acknowledge and agree that in connection with your use of the Platform, you will have access to non-public information (“Confidential Information”) that is owned by and proprietary to randrr. You will use the same care to protect the confidentiality of the Confidential Information as you use for your own similar information, but in no event, less than reasonable care. You will use Confidential Information only for the purpose of using the Platform as permitted by these Terms. You will promptly return, provide a copy of, or destroy the Confidential Information upon request.
11. Governing Law.
By using the Platform, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Florida. A printed version of these Terms will be admissible in judicial and administrative proceedings relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
randrr is incorporated and located in Florida, USA. We operate our website and host all our content within the United States of America. These Terms and your use of the Platform will be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to its conflicts of law provisions.
You are responsible for your interactions with other users of the Platform. We may monitor disputes between you and other users, but are not obligated to do so.
You may not take legal action against randrr without first (a) sending us a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute. Any such notice of a dispute must be sent to the address listed on the Contact Us page, and must be received by us within 90 days of a scenario that first gives rise to a dispute.
13. Force Majeure.
We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.
14. Additional Terms.
We may supplement these Terms with additional terms pertaining to specific content or services ("Additional Terms"), which may be added to the website to be viewed in connection with the specific content or services and shall be identified as such. You understand and agree that such Additional Terms are incorporated by reference into the Terms.
15. For Employers.
If you are an employer, randrr hereby grants you the right to access and use our Platform for your internal business use relating to the communications with individual users regarding employment opportunities and educational insights about your company brand. You may not sell, transfer or assign any of the services or your rights to engage with any of our services to a third party without the express written permission of randrr. You agree that you are solely responsible for all documents, information and materials that you share, contribute to or upload to the Platform and that any consequences arising from such materials are your sole responsibility and liability. You understand and consent that randrr may aggregate data collected from your use of the Platform and use such aggregated data for any lawful business purpose provided that the data and information is used in an anonymized form that cannot be associated with you or your company.
If any provision of these Terms conflicts with applicable law, or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms will remain in full force and effect. Any failure by randrr to insist upon or enforce strict performance of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
You represent to us that you have the authority to access and use the Platform per these Terms. These Terms, and any Additional Terms, constitute the entire understanding between you and randrr as to the subject matter hereof, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email, phone, SMS text message or Mobile Push Notification or by posting notice on this website. You agree that any notices, disclosures, amendments, or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.
We welcome your comments and questions. Please contact us at: firstname.lastname@example.org.