Effective Date: February 1, 2023
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You may use the Services only if you can form a binding contract with IPL, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are between the ages of 13 and 18 and would like to use the Services, you may do so only with the consent of, and under the supervision of, your parent or legal guardian. We reserve the right to request verification of such consent and/or supervision at any time and for any reason. Any other use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Services is not available to any Users previously removed from the Services by Indie Product Lab.
IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
Unless otherwise stated, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, and all Intellectual Property Rights related thereto (“IPL Content”), are the exclusive property of Indie Product Lab and its licensors, and are protected by copyright, trademark, and other intellectual property laws. The IPL Content and the Services are provided solely for your personal noncommercial use. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any IPL Content. Use of the IPL Content or the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the IPL Content and the Services for your personal, noncommercial use only and as permitted by the features of the Services. Indie Product Lab reserves all rights not expressly granted herein in the Services and the IPL Content (as defined above). Indie Product Lab may terminate this license at any time for any reason or no reason.
By posting or submitting any material (including, without limitation, job postings, comments, social media postings, digital assets, images, photos and videos) to us via the Services, internet groups, social media venues, or to any of our staff via email, text, digital transmission, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit, email, text, deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or location, as we deem appropriate.
You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Indie Product Lab under any fiduciary or other obligation, and that we are free to use Feedback without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Indie Product Lab does not waive any rights to use similar or related ideas previously known to Indie Product Lab, or developed by its employees, independent contractors, or members, or obtained from sources other than you.
We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. All new fees, if any, will be posted prominently in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale by us through the Services or our partner websites. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
Refunds are offered in Indie Product Lab’s sole and complete discretion.
You agree not to engage in any of the following prohibited activities: (i) access any part of the Services, data or information of Indie Product Lab you do not have permission or authorization to access or for which Indie Product Lab has revoked your access; (ii) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Indie Product Lab’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) collecting or harvesting any personally identifiable information, including but not limited to email addresses, from the Services; (ix) using the Services for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) interfering with the proper working of the Services; (xii) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xiii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
We have the deepest respect for the intellectual property rights of others. If you believe that any content on our site infringes your copyright, please notify us by emailing us at email@example.com, and we will gladly remove the infringing material. Please include the following in your notification: (i) Identification of the copyrighted work or works you believe have been infringed and the holder of the copyright if you are acting on their behalf; (ii) Identification of the material that you believe to be infringing including its location on the site; (iii) Your contact information including name and address, e-mail and telephone number; (iv) A statement that: (a) you believe in good faith that the use of the material was not authorized by the owner of the work, its agent, or the law; and (b) the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed; and (v) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf. Upon receipt of a valid notice of infringement, we will as soon as possible remove the infringing material.
While we endeavor to ensure that all information provided by the Services is accurate, we cannot vouch that all information will be accurate and up to date at all times. The Services contains a large amount of data, and errors are likely to occasionally occur. By using the Services, you hereby waive any liability for error or omission with regards to the content of the Services. Should you find any inaccurate information on the Services, please inform us at firstname.lastname@example.org, and we shall correct it as soon as it is practicable to do so.
You agree to defend, indemnify and hold harmless Indie Product Lab and its subsidiaries, agents, licensors, managers, officers, directors, and other affiliated companies, and their employees, contractors, agents, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation. The foregoing indemnification provision shall not apply to Indie Product Lab’s own negligence or intentional conduct. Any provision of these Terms that conflict with established precedent in Delaware are void and shall have no application.
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIE PRODUCT LAB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIE PRODUCT LAB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIE PRODUCT LAB DISCLAIMS ANY WARRANTIES FOR VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDIE PRODUCT LAB, ITS AFFILIATES, AGENTS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY IPL CONTENT OR SERVICES. UNDER NO CIRCUMSTANCES WILL INDIE PRODUCT LAB BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDIE PRODUCT LAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR THE IPL CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL INDIE PRODUCT LAB ITS AFFILIATES, AGENTS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIE PRODUCT LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this Agreement will only apply to the extent permitted by applicable law.
The Services is controlled and operated in the United States of America. Indie Product Lab makes no representations that the Services is appropriate or available for use in any other location. Those who access or use the Services from any other jurisdiction other than the United States of America do so at their own volition and are entirely responsible for compliance with all applicable United States of America and local laws and regulations, including but not limited to export and import regulations. You may not use the Services is you are a resident of a country embargoed by the United States of America, or are a foreign person or entity blocked or denied by the United States of America government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States of America.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Indie Product Lab without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You agree that: (i) the provision of the Services shall be deemed solely based in Delaware; and (ii) the provision of the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Indie Product Lab, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in Wilmington, Delaware or the United States District Court for the District of Delaware, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
For any dispute with Indie Product Lab, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Indie Product Lab has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Indie Product Lab claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, by binding arbitration by the American Arbitration Association (“AAA”) in the city of Wilmington, Delaware under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Indie Product Lab from seeking injunctive or other equitable relief from the courts as necessary to protect any of Indie Product Lab’s proprietary interests.
ALL CLAIMS AGAINST INDIE PRODUCT LAB 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 ALSO 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 THIS AGREEMENT, YOU AND INDIE PRODUCT LAB 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.
Indie Product Lab may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website at www.privacyjobboard.com, as determined by Indie Product Lab in our sole discretion. Indie Product Lab reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Indie Product Lab is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
This Agreement, together with any amendments and any additional agreements you may enter into with Indie Product Lab in connection with the Services, shall constitute the entire agreement between you and Indie Product Lab concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction or arbitrator, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Indie Product Lab’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
The Services is offered by Indie Product Lab, LLC, whose mailing address is 2810 N. Church St. # 40901, Wilmington, Delaware 19802-4447. In relation to the services offered on www.privacyjobboard.com, Indie Product Lab LLC can be reached via email at firstname.lastname@example.org.