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Terms of Service

Last Updated: [October 20, 2023]

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These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by Kaiwa Search. (“Kaiwa Search” or “we”). By submitting a professional profile via our Services or otherwise using our Services, you agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 11.

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We may periodically change the Terms without prior notice, which shall be effective immediately (unless mentioned otherwise in writing). Please re-review the Terms periodically for changes. These Terms were last updated on [October 20, 2023]. By accessing and using our Services or this website, you agree to these Terms, including any changes as may be effected from time to time.

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If you have any questions about these Terms or our Services, please contact us at info@kaiwasearch.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. Eligibility

You must be at least 18 years of age to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. Prohibited Conduct and Content

  1. You may use the Services for lawful purposes only. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services or otherwise interacting with Kaiwa Search. 

  2. You will not:

    • Sell, resell or commercially use our Services;

    • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

    • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

    • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully using our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

    • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

    • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

    • Develop or use any applications that interact with our Services without our prior written consent;

    • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

    • Bypass or ignore instructions contained in our robots.txt file; 

    • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or

    • Use our Services in a manner that is otherwise objectionable to Kaiwa Search in its sole discretion.

  3. If you submit a professional profile via our Services or otherwise communicate with us, you may not create, submit, or share any content that:​

    • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

    • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

    • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

    • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

    • Impersonates, or misrepresents your affiliation with, any person or entity;

    • Contains any unsolicited promotions, political campaigning, advertising or solicitations;

    • Contains any private or personal information of a third party without such third party’s consent;

    • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Kaiwa Search or others to any harm or liability of any type.

  4. ​Enforcement of this Section 2 is solely at Kaiwa Search’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 2 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.​

3. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Kaiwa Search or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. In addition, you may not “mirror” the content of this website and/or our Services or any portion thereof without Kaiwa Search’s express written consent. Nothing on this website should be construed as granting directly or indirectly, or by implication any license or right to use any Kaiwa Search’s intellectual property other than as expressly set forth herein. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

4. Trademarks

Kaiwa Search, How I Hire, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Kaiwa Search and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

5. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Kaiwa Search or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback in Kaiwa Search’s sole discretion. You hereby waive any claims against Kaiwa Search or its affiliates for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Kaiwa Search’s use and publication of such Feedback. You understand that Kaiwa Search may treat Feedback as non-confidential.

6. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the relevant third party. Kaiwa Search does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk, without attributing any liability to Kaiwa Search.

7. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Kaiwa Search, its affiliates and each of their respective officers, directors, agents, partners, representatives and employees (individually and collectively, the “Kaiwa Search Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Kaiwa Search Parties of any third-party Claims, cooperate with Kaiwa Search Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Kaiwa Search Parties will have control of the defense or settlement, at Kaiwa Search ‘s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Kaiwa Search or the other Kaiwa Search Parties.

8. Disclaimers

Your use of our Services is at your sole risk and acknowledge that any reliance upon the website / Services shall be entirely at your sole option and risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Kaiwa Search does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Kaiwa Search attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Kaiwa Search and the other Kaiwa Search Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Kaiwa Search or the other Kaiwa Search Parties have been advised of the possibility of such damages.

 

The total liability of Kaiwa Search and the other Kaiwa Search Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, shall in any event not exceed $500 unless a separate agreement you have in writing with Kaiwa Search applies.

10. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

11. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Kaiwa Search and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

  1. No Representative Actions. You and Kaiwa Search agree that any dispute arising out of or related to these Terms or our Services is personal to you and Kaiwa Search and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  2. Arbitration of Disputes. Except for small claims disputes in which you or Kaiwa Search seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Kaiwa Search seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Kaiwa Search waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Kaiwa Search you agree to first contact Kaiwa Search and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Kaiwa Search by email at info@kaiwasearch.com or by certified mail addressed to 19 Seminole Way, Short Hills, NJ, 07078 or as may be updated from time to time. The Notice must (a) include your name, address, email address, and telephone number; (b) describe the nature and basis of the Dispute, together with underlying documents to the extent available with you; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. You and Kaiwa Search agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

  3. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Kaiwa Search, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

  4. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Kaiwa Search will not have the right to assert the claim.

  5. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 11 by sending an email to info@kaiwasearch.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 12.

  6. If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 11 will be enforceable.

12. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of New Jersey, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New Jersey or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New Jersey and the United States, respectively.

13. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

14. Amendments

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will override these Terms.

15. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. Miscellaneous

The failure of Kaiwa Search to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

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