Terms of Service

The Content:

Definitions
Agreement Between You and Biostaffic.
General Terms & Conditions.
Payments.
Terms of Service for Candidate
Terms of Service for Employer.
Privacy, Security and Confidentiality.
Biostaffic’s Proprietary Rights.
Service Use Restrictions.
Your Content.
Feedback.
Exclusion of Warranties.
Limitation of Liability.
Indemnification.
Changes to Service.
Governing Law and Disputes.
Third Party Websites.
Miscellaneous Legal Terms.
Questions.

1. Definitions

1.1 “Customer” shall mean any person who accepts this Agreement, and who uses our Platform, products, services, interact with our websites, unless that person accepts it on behalf of a company, in which case “Customer” designates this entity which can be a company, a government organization (non-exhaustive list). BIOSTAFFIC and Customer are each referred to in this Agreement as a "Party" and collectively as the "Parties".

1.2 "Employer" refers to an individual or entity that registers on our platform and purchases job posting plans. Depending on the purchased plan, the employer can post jobs and receive applications. The employer can also view candidate profiles and resumes, as well as exchange messages with them.

1.3 "Candidate" refers to an individual who can browse and apply for jobs on our platform. They can also manage their profile and communicate with employers by sending and receiving messages.

1.4 “Platform” shall mean our website which is accessible at www.biostaffic.com and any other websites through which Biostaffic makes the platform available (collectively, the “Site") with any other websites, features, software or services provided, owned, or operated by Biostaffic that link to these Terms are, collectively, the “Services”.

1.5 “Biostaffic Services” shall mean our platform, products, services, websites (including but not limited to Biostaffic Platform).

1.6 “Updates” shall mean enhancements, bug fixes, updates and new versions made to the Biostaffic Platform by Biostaffic and provided to the Customer by Biostaffic.

1.7 “Applicable Laws” shall mean all laws, regulations, regulations, orders, administrative directives, treaties, conventions and / or judicial or administrative decisions of any governing body having jurisdiction over the Services, the Customer and/or the Customer's use of the Services.

1.8 “Support” means the free, community-based online help forums sponsored by us and fee-based individualized help with the Services that may be available to you by email, calls or other communication modes available now or on the future, at Biostaffic’s sole option.

2. Agreement Between You and Biostaffic

2.1 Please read the following Terms of Service (the “Terms”) carefully. By accessing our platform and/or by using our services including, but not limited to our Biostaffic Platform and Biostaffic Services, you acknowledge that you have read, understood and agree to be bound by these Terms, and the terms and conditions of our Privacy Policy, when using any Biostaffic Services (collectively, the “Services”) offered by Biostaffic. a company organized and existing under the laws of Florida, or its parents, affiliates (collectively, either "Biostaffic", "BIOSTAFFIC", "we", "us" or "our"). The term “you” (and “your”) for purposes of these Terms, means both you in your individual capacity, and if applicable, the company or other legal entity whom you represent and on whose behalf you use the Service.

2.2 In order to use the Service you must agree to these Terms. You may agree to the terms by clicking the “I Accept” box, or by actually using our Services. You acknowledge and agree that Biostaffic will treat your use of the Service as acceptance of these Terms from the time you first use the Service.

2.3 If you choose to enable additional functionality or features made available through the Services (“Additional Features”), you may be presented with additional terms related to the use of such Additional Features (the “Additional Terms”). By using the Additional Features, you agree and accept the Additional Terms. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall govern.

2.4 Please note that, our services are intended to be used to facilitate the hiring process. Biostaffic cannot and does not control the content contained in any job and/or the condition, legality or suitability of any job opportunity. Biostaffic is not responsible for and disclaims any and all liability related to any and all posted jobs.

3. General Terms & Conditions

3.1 Our company is registered legally in the United States, and we have the required governmental permissions to provide our services.

3.2 Please read and accept the terms Biostaffic’s Data Processing Addendum, before using our platform or services.

3.3 Our Services should only be used by adults, meaning you and your users must be at least 16-years-old or older to use it. We will delete any information we find was collected from a user under the age of 16 as quickly as possible. If you need to delete your account or delete the account of a child under the age of 16, please contact us at dataprivacy@biostaffic.com. By using the site and our services, you represent and warrant that you are at least 16 years of age.

3.4 You are responsible for maintaining the security of your usage to our services. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3.5 You agree that to the extent you provide information including personal information to Biostaffic it will be true, accurate, current, and complete and that you will update all information as necessary. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited.

3.6 You are responsible for all content posted and activity that occurs under your identity.

3.7 You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

3.8 You can seek removal of content posted on our platform, by contacting us, We will endeavor to review such requests and to remove the content and users that we determine should be removed, in our sole discretion and in accordance with these Terms of Service and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this website may remain on back-up servers.

3.9 Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret, or proprietary information from you through our email, or in any other way. Any materials submitted by you (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (including, for example and without limitation, content that you submit or post to any message boards, review/ratings boards, and/or our blogs, social media sites, or send to us via email) (collectively, "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy.
By submitting or sending Submitted Materials to us, you agree that your Submitted Materials will not violate any right of any third-party, including Payments, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

3.10 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate action by the company. 3.11 The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

3.12 The Company hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the. All rights not expressly granted to you are reserved by Biostaffic.

3.13 You are solely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, without limitation, your username and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. You hereby agree to notify Biostaffic immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by Biostaffic or any third party due to someone else using your Account, user name or password as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else’s Account, user name or password at any time and for any reason. Biostaffic is not liable to you or any third party for your failure to comply with your obligations under this paragraph.

3.14 We shall (i) make the Services available to you pursuant to this Agreement; (ii) provide Support for the Services to you via our email, calls or meetings (“Support”); and (iii) use commercially reasonable efforts to make the Services available 24 hours per day, 7 days per week, except for: (x) planned downtime, and (y) any unavailability caused by any Force Majeure event, any Internet service provider failure or delay, or any denial of service attack, for which we may or may not provide notice.

3.15 We shall provide technical support within 24 hours after we receive your request.

4. Payments

You will be charged as indicated by the Platform.

4.1 Advertising

Advertising you purchase may be measured by clicks, applies, or a subscription or platform fee. Charges are solely based on Biostaffic’s measurements (such as click count). Biostaffic’s measurements (such as click count) shall be binding.

4.2 Subscriptions

Details regarding the subscription or plan are available on the Site at the time of purchase. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and Biostaffic will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle.
THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE SUBSCRIPTION PLAN. AMOUNTS FOR FUTURE PREPAID UNUSED BILLING CYCLES MAY RESULT IN A PRORATED REFUND OF THE UNUSED BILLING CYCLES, WHICH SHALL BE DETERMINED IN BIOSTAFFIC’S SOLE DISCRETION. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

4.3 Billing Policies

Invoices may be provided to you via electronic mail, unless otherwise specified by Biostaffic. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for Biostaffic, Biostaffic reserves the right to suspend or terminate your use of that Biostaffic service. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card or bank account dispute rights).
If your Biostaffic employer account has a credit card on file to pay for one Biostaffic service, Biostaffic may charge that card for any additional services you order.

4.3.1 Currency

Billing currency and exchange rate. The currency of invoicing will depend on the Customer's billing address. The currency supported by Biostaffic is: USD. Thus, The Client will be billed in USD. the Usage Fee will be calculated on the basis of a conversion of the fee incurred by the Client into USD at the exchange rate applicable at the close of business on the last business day of the quarter preceding the applicable billing date.

This choice of currencies is subject to Biostaffic’s approval, which may be withheld in Biostaffic’s sole discretion.

4.3.2 Taxes

Unless otherwise stated, all Charges exclude VAT and any other taxes, levies or duties imposed by the tax authorities. Unless otherwise specified in the Fee Schedule, the Customer is responsible for the payment of all applicable taxes, levies and duties, excluding local taxes based solely on the Company's income. In addition, we are not responsible for covering Internet service fees, surcharges and other amounts incurred as a result of the Customer's use of Malu and the Customer is solely responsible for covering such costs.

4.3.3 Refunds

Refunds for Biostaffic services that have already been provided are at the sole discretion of Biostaffic. Refunds for unused Biostaffic services that have been pre-paid will be refunded on a prorated basis. Unspent amounts may be first used to pay all outstanding unpaid balances and interest associated with your account.

You agree to pay (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10%, or the maximum interest permitted by law, whichever is lower, and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Biostaffic incurs collecting late payments.

5. Terms of Service for Candidate

For purposes of this Section “5. Terms of Service for Candidate”, all references to “you” or “your” shall mean you, the individual accessing this platform in your capacity as a Candidate.

5.1. Job Ads or Job Listings

Biostaffic may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through Biostaffic’s search results or otherwise through the Site. Searching for Job Ads on Biostaffic is free for Candidates. Biostaffic displays Job Ads based on a combination of compensation paid by employers to Biostaffic and relevance, such as search terms, and other information provided and activities conducted on Biostaffic. While Biostaffic may in some circumstances be compensated by employers who post Job Ads, helping keep Biostaffic job search free for Candidates, all Job Ads are considered advertising.

Job Ads are created and provided by third parties over whom Biostaffic exercises no control; you acknowledge and understand that Biostaffic has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Candidate has submitted an application or left the Site. You accept any terms and conditions imposed by that third-party. Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Biostaffic has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that Biostaffic has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Biostaffic assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer or other user.

Biostaffic may provide independent functionality to assist you. For example, Biostaffic may provide search options to help you narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Biostaffic, and may not directly or accurately reflect the content of the Job Ads.

5.2. Resume and Profile

By creating a resume through the Site (“Biostaffic Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Candidate Resume”), you are requesting and authorizing Biostaffic to make available Your Resume to anyone accessing our Site, such as Employers that Biostaffic believes may have an interest in Your Resume. You are responsible for keeping Your Resume accurate and up-to-date.

If you have an Biostaffic account, an Biostaffic Resume, or an uploaded file resume, you agree that Biostaffic may associate Your Resume data with your profile on Biostaffic (“Biostaffic Profile”). Your Biostaffic Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your Biostaffic Resume, and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your Biostaffic Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want Biostaffic to make your Biostaffic Profile available to third parties or if you do not want Employers to contact you, remove Your Resume.

To mitigate fraud, Biostaffic may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your Biostaffic Profile, Your Resume, or application, and may substitute it with an alias. Biostaffic makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in Biostaffic’s sole discretion. Biostaffic may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. Biostaffic makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of the Biostaffic Resume database will be available to an Employer at any particular time.

5.3. Applying to Jobs Through Biostaffic

You acknowledge that prior to submitting an application through Biostaffic Apply, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, interview material or otherwise), Biostaffic does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Unsubscribing from calls from Employers through Biostaffic does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Employer directly to request such alternative method, as Biostaffic is not responsible for the Employer application process.

When you ask Biostaffic to submit your application or other information through our platform, you are sending Your Resume and application information to Biostaffic, and you are requesting and authorizing Biostaffic to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to Biostaffic’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask Biostaffic to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via Biostaffic Apply or Biostaffic’s relay system, or store such application, you understand that this is without warranty, and that Biostaffic reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Biostaffic being processed and analyzed by Biostaffic according to this Agreement and Biostaffic’s Privacy Policy.

You acknowledge and agree that Employers may request that Biostaffic assemble your application materials, resume, and other information you provide to Biostaffic into one document, and you agree that in doing so, Biostaffic assembles these application materials on your behalf.

Please note that Job Ads may expire between the time you submit your application and from the time it is received. Biostaffic has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration, and Biostaffic and its third party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site.

By using Biostaffic, you agree that Biostaffic is not responsible for the content of the Employer’s job application, messages, skills assessments or their format or method of delivery, and that Biostaffic does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Biostaffic does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You must contact the Employer if you require alternative methods of screening. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. Biostaffic cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Biostaffic does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Candidates when applying to jobs. Biostaffic cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. Biostaffic recommends Candidates follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Biostaffic does not guarantee the validity of a job offer and cautions Candidates to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Candidates are solely responsible for verifying the accuracy of any Employer or job offer.

5.4. Job Matching and Recommended Jobs

Job matches are recommendations which may be presented to both you as a Candidate and to Employers in various formats on the Site. For example, Biostaffic may recommend Job Ads which are similar to jobs to which you recently applied, or recommend Resumes to Employers which match Job Ads they post.

To generate matches, Biostaffic uses data collected through our Site from both Employers and Candidates. This includes Job Ads, Your Resume, your application materials, Biostaffic Assessments, and your activity on Biostaffic. You agree and consent that Biostaffic may use this information to present potential matches to you and to potential Employers.

Biostaffic may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your Biostaffic account.

5.5 Communications and Other Actions on the Site

When you view, send, store or receive communications or materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Biostaffic policies, content moderation, and to improve the Site or any other Biostaffic product or service whether via automated means or otherwise.

When an Employer views, sends, stores or receives communications or materials through or using the Site, Biostaffic may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. Biostaffic may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on Biostaffic, and you hereby consent to Biostaffic taking such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, Biostaffic Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through Biostaffic. Biostaffic disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

5.6. Virtual Communications

Employers may offer you the opportunity to participate in virtual, pre-recorded, and remote communications using Biostaffic platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that Biostaffic is not a telecommunications service provider and that Biostaffic is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. Biostaffic does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. Biostaffic is not liable for any claims arising out of your use of Virtual Interviews and you release Biostaffic from any such claims.

You understand that Biostaffic does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.

NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview or you may be given the option to pre-record an interview to provide to the Employer. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by or on behalf of an Employer on Virtual Interview. If you do not agree to be recorded, you must refrain from pre-recording an interview or you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that Biostaffic and third party providers can store, access and analyze the recording. Also, you agree that an Employer that receives pre-recorded interviews or activates the recording function, can access, store, use, analyze, and share the recording, and that this activity is outside of Biostaffic’s control. YOU FURTHER AGREE THAT BIOSTAFFIC IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE BIOSTAFFIC FROM ANY SUCH CLAIMS. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOSTAFFIC IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. BIOSTAFFIC ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BIOSTAFFIC DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT BIOSTAFFIC DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

6. Terms of Service for Employer

The following terms and conditions apply to all Employers and other users who access or use the Platform as intended for individuals and/or organizations seeking to make available information regarding employment openings.

For purposes of this Section “6. Terms of Service for Employer” of the Biostaffic General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer or other user as described above.

6.1. Employer Accounts

When you access or use the Site in your capacity as an employee or other representative of an Employer, or if you create an Biostaffic account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide Biostaffic through the account, such as the actions you take and when you take them, will be visible to the Employer.

As an Employer, your account is for business use and not for personal use. Biostaffic is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Biostaffic account, you agree to receive mandatory email updates regarding account activity to your Biostaffic account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. Employers may request that Biostaffic disable an account at any time by contacting us. Please note that Biostaffic may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete their Personal Data held by Biostaffic, they should follow the steps listed in our privacy policy.

If your Biostaffic employer account has a credit card on file to pay for one Biostaffic product or service, Biostaffic may charge that card for any additional products or services you order. You agree that Biostaffic may send notices to Candidates informing them that an Employer account has been compromised, including if such account is associated with you. Biostaffic cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Biostaffic bears no responsibility for doing so. Biostaffic makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

Biostaffic may offer suggestions, recommendations, or information to users that may support or improve their experience on Biostaffic Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. Biostaffic assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Biostaffic. Biostaffic may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however Biostaffic is not responsible for, and you are solely responsible for, compliance with minimum wage and other legal requirements.

6.2. Employer Services

You are responsible for the contents of your emails, application form, questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage any Job Listings that you post, and any messages that you send through our platform or otherwise, and agree that Biostaffic is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site, including minimum wage requirements, wage transparency laws, or any other law. If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on Biostaffic or otherwise notify Biostaffic. Biostaffic may provide you with a mechanism for responding to requests for accommodations from Candidates. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Candidates.

You agree that Biostaffic may reject or remove any Job Listing or any questions for Candidates for any or no reason. For example, Biostaffic may remove any Job Listing or question that directly or indirectly discriminates against Candidates. Direct discrimination means, for example, that a Job Listing or question specifically makes clear that only Candidates matching certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing or question implicitly excludes certain classes of Candidates by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Candidates or otherwise violates applicable law. Biostaffic further does not guarantee delivery, your receipt of the Candidate’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

You agree that Biostaffic may take action to try to identify and reduce spam applications, including by imposing a cover letter requirement for applicants. Biostaffic does not verify the identity of any Candidates who apply to your job listing, nor does Biostaffic know a Candidate’s motivation for applying to your job listing, and thus provides no guarantee as to the Candidate’s qualifications or interest in your job listing. You agree that Biostaffic’s relay functions are presented to you without warranty and Biostaffic assumes no responsibility for the communications between you and the Candidate, which communications are your and the Candidates’ sole responsibility.

You shall indemnify, defend and hold harmless Biostaffic, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you. Biostaffic may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Biostaffic’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Biostaffic product, Biostaffic reserves the right to suspend or terminate your use of that Biostaffic product as well as any other Biostaffic product as set out in the IO for that product, including but not limited to those Biostaffic products where you do not have an unpaid invoice or account balance. Biostaffic may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees Biostaffic incurs collecting such late payments.

When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Listings, resumes, applications, pre-recorded interviews, and messages) through or using the Site, Biostaffic may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Site or any other Biostaffic product or service (including to provide better search results and other Job Listings for Candidates and Employers), whether via automated means or otherwise. Biostaffic may also inform the Candidate of your actions or activity related to such materials through or using the Site. For example, Biostaffic may notify the Candidate about your activity or action related to a Job Ad (such as pausing or closing it), or Candidate’s application or Resume (for example, that you viewed or responded to it, or that you made a decision with respect to it). and you hereby consent to Biostaffic informing the Candidate about such actions and activities. You acknowledge that as part of its efforts to combat fraud and spam, Biostaffic may require that users verify their email address, including Candidates applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.

You further acknowledge that compliance with any governmental record-keeping requirements, such as the Office of Federal Contract Compliance Programs’ (OFCCP) internet applicant record-keeping rule, is your sole responsibility.

6.3. Job Match

Job matches are recommendations which may be presented to both you as an Employer and to Candidates in various formats on the Site. For example, Biostaffic may recommend Resumes which match Job Ads you have posted, or recommend Job Ads to Candidates which are similar to jobs to which they have recently applied. To generate matches, Biostaffic uses data collected through our Site from both Employers and Candidates. This includes Job Ads, Resume, application materials (including responses to screener questions), Biostaffic Assessments, and user activity on Biostaffic (such as searches run and Job Ads clicked on and applied to). You agree and consent that Biostaffic may use this information to present potential matches to you and to potential Candidates.

6.4. Salary or Other Information Provided by Biostaffic

Biostaffic may provide some information and content to users for informational purposes only. For example, Biostaffic may provide Candidates with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by Biostaffic are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy. If you are participating in the Biostaffic Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on Biostaffic’s determination of Apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Candidates for informational purposes only. Biostaffic may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only and Biostaffic does not guarantee the accuracy of any label or badge. Biostaffic may also include salary estimations on pages other than Job Listings on the Site.

Please note that all salary figures are approximations based upon multiple third party submissions to Biostaffic, including from Biostaffic affiliates. These figures are given to Biostaffic users for the purpose of generalized comparison only. Biostaffic may also provide data regarding impressions in relation to your Job Ad. Such figures are provided for informational purposes only, are subject to change at any time, and Biostaffic does not guarantee their accuracy. Biostaffic reserves the right to change the method of measuring such figures at any time.

Biostaffic may offer job post templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate and compliant with all applicable laws. All content provided by Biostaffic, including template job post information and estimated applications for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. Estimated applications are not a guarantee of future performance.

6.5. Communication through Biostaffic

You may receive messages, emails or email notifications corresponding with your or a Candidate’s activity on or use of the Site, Biostaffic Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Candidate, it is your responsibility to follow up with the Candidate separately to ensure they know about the interview, do not rely on notifications through Biostaffic. Biostaffic disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Biostaffic may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, Biostaffic may mask Candidate contact information from resumes or applications. Biostaffic may also mask your email address or phone number, and Candidates may see an alias email address or phone number when they communicate with you. You agree to a Candidate contacting you from a masked phone number or email. If you contact a Candidate from a masked phone number and you do not leave your contact information, after the masked number expires, the Candidate may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Candidate has your contact info, you agree that Biostaffic is not responsible or liable for the manner in which they may use the info. If you, or anyone on your behalf, send or receive communication on or through the Site (including by sending or receiving communication to/from an email address aliased by Biostaffic and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Biostaffic policies, content moderation, and to improve the Site or any other Biostaffic product or service.

6.6. Virtual Communications

Biostaffic may offer you the option to manage virtual and remote communications with Candidates within Biostaffic products, including but not limited to, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, pre-recorded videos, pre-recorded audios and other collaborative services offered by third-party telecommunications service providers. You understand that Biostaffic is not a telecommunications service provider. Biostaffic disclaims all warranties with regards to the transmission of virtual communications. Biostaffic does not guarantee (1) availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Candidates for your Virtual Interview. Further, Biostaffic does not verify the identities or qualifications of Candidates with whom you arrange Virtual Interviews.

You are solely responsible for offering alternative methods of communicating or interviewing for individuals with disabilities, if so required by the Americans with Disabilities Act or any similar law. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOSTAFFIC IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. BIOSTAFFIC ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BIOSTAFFIC DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT BIOSTAFFIC DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

You understand that Biostaffic is only providing the option for you to communicate with Candidates via services that may be offered by third-party providers. Biostaffic is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Candidates. You are responsible for any requests for accommodations from Candidates. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.

Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Candidates. By recording a Virtual Interview, you represent and warrant to Biostaffic that you have secured all necessary consent and will comply with all applicable laws, including state and federal law regarding consent to record interviews and phone calls. By choosing to record Virtual Interviews through Biostaffic, you agree that third-party providers and Biostaffic can store and access the recording. However, you agree that Biostaffic is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD BIOSTAFFIC HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.

Virtual Evaluations: You shall only use the recordings and other information obtained through Virtual Evaluations for your internal hiring purposes. You shall not use Virtual Evaluations for any illegal, discriminatory or fraudulent purpose. As part of Virtual Evaluations, you will submit or approve interview questions which Biostaffic will share with candidates. You agree that the interview questions are part of your application process and determined solely by you. Biostaffic may provide you with the ability to directly invite candidates to participate in Virtual Evaluations or you may instruct Biostaffic to automatically invite candidates who meet your selection criteria, for example, all candidates who submit an application through Biostaffic. You acknowledge and agree that you are solely responsible for your use of Virtual Evaluations, including how you decide which candidates shall be invited to participate in Virtual Evaluations, who you decide to contact after the Virtual Evaluation has been completed and any employment related decisions that you make. Biostaffic does not act as your employment agency by offering you the Virtual Evaluations service. A candidate’s Virtual Evaluation video will only be deemed complete and submitted to you when the candidate approves the submission through the Virtual Evaluations tool. Biostaffic reserves the right to not submit a candidate’s response if a candidate or Employer uses the tool in an abusive manner, which shall be determined in Biostaffic’s sole discretion. You agree that Biostaffic is not responsible for maintaining or storing any candidate submissions through Virtual Evaluations, and that you are responsible for your own compliance with any applicable record retention requirements.

You acknowledge that the Virtual Evaluations video recordings contain personal and confidential information, and you confirm that those you’re sharing the Virtual Evaluations video link with have permission to view the recording. The term User Content as defined in these Terms of Service shall include the content of the interview questions, as well as the content of the Virtual Evaluations video recordings, transcripts and any other information that you or a Candidate sends through Virtual Evaluations.

7. Privacy, Security and Confidentiality

7.1 Privacy. We shall use Your Data only as permitted by Privacy Laws, our Privacy Policy & Cookies Policy and this Agreement. You acknowledge that you have read our Privacy Policy & Cookies Policy and understand that it sets forth how we will collect, store, use and disclose Your Data including personal data. If you do not agree with our Privacy Policy & Cookies Policy, then you must stop using the Services immediately. We encourage you to periodically review our Privacy Policy & Cookies Policy as it may change from time to time.

7.2 Confidential Information. The parties to this Agreement undertake to retain in confidence all information disclosed to the other party in relation to this Agreement that the disclosing party has designated as being confidential in writing or if disclosed orally, or if, designated as confidential at the time of such disclosure and reduced to writing conspicuously marked as confidential and sent to such other party within thirty (30) business days thereof (“Confidential Information”). The terms and conditions of this Agreement including its Exhibits shall be considered Confidential Information.

7.3 Exclusions. “Confidential Information” will not include information that: (a) is or becomes generally known or available by publication, commercial use or otherwise through no fault of the receiving party; (b) the receiving party can demonstrate to have had rightfully in its possession and without restriction, prior to disclosure hereunder; (c) is independently developed by the receiving party without use of the disclosing part’s Confidential Information, as can be shown by tile written records of the receiving party; (d) is lawfully obtained from a third party who has the right to make such disclosure; or (e) is released for publication by the disclosing party in writing. A receiving party also may disclose disclosing party’s Confidential Information to the extent required by a court or other governmental authority, provided that the receiving party promptly notifies the disclosing party of the disclosure requirement and cooperates with the disclosing party (at the latter’s expense and at its request) to resist or limit the disclosure.

7.4 Protection of Confidential Information. Each party agrees to protect the other party’s Confidential Information to the same extent that it protects its own confidential information of a similar nature and shall take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information to third parties. A party may disclose other party’s Confidential Information to its directors, officers, employees and third party contractor(s) (“Representatives”) on a need to know basis and to the extent necessary for the purpose of this Agreement. If a party provides Confidential Information of the other party to its Representatives, then it will ensure that such Representatives have entered into a written confidentiality agreement with the part providing such information to the Representatives protecting such Confidential Information from unauthorized disclosure or improper use. Obligations of confidentiality under this Agreement shall survive the termination or expiration of the Agreement for a period of three (3) years; save for Confidential Information constituting trade secrets, in which event the obligations shall subsist indefinitely.

8. Biostaffic’s Proprietary Rights

8.1 You hereby acknowledge and agree that Biostaffic own all legal right, title and interest in and to the Services, including, without limitation, any intellectual property or other proprietary rights which subsist in the Services (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and Biostaffic, all materials available through the Services, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, “look and feel”, and its content (except for your Content), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Services, are all owned by Biostaffic or licensors.

8.2 Biostaffic shall fully own and retain all rights to anonymous usage data derived from your use of the Services (“Usage Data”) as aggregated with usage data from Biostaffic’s other customers for its own business purposes such as support, operational planning, product innovation and sales and marketing of Biostaffic’s services. For purposes of clarification, such Usage Data may not include any data that could reasonably identify you.

8.3 Nothing in these Terms gives you any right to use any of Biostaffic’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by Biostaffic under these Terms are reserved.

8.4 During, and after the termination of, your use of the Service, you will not assert, nor will you authorize or assist any third party to assert, against Biostaffic or any of Biostaffic Parties (as defined below), any patent infringement claims with respect to the Service.

9. Service Use Restrictions

9.1 You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or otherwise attempt to gain unauthorized access to any portion or feature of the Services, Platform, or any other systems or networks connected to the Services, or to any Biostaffic server, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Services or any transaction being conducted on our websites or through the Service, or with any other person’s use of the Services; (d) breach any security measures implemented on our websites or in the Service; (e) track or seek to trace any information on any other person who uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to Biostaffic in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the any Biostaffic proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service. You hereby agree that you will notify Biostaffic if you become aware that the Services is being used for any illegal or unauthorized purpose.

9.2 You hereby agree that you will notify Biostaffic if you become aware that the Services is being used for any illegal or unauthorized purpose.

10. Your Content

10.1 You hereby agree that you are solely responsible and liable for any and all information (collectively” Content”) that you store, transmit, or otherwise use in connection with the Service, and for all activities that occurs under your account, and for the consequences of your actions in connection with such Content and your use of the Service. You agree that Biostaffic has no responsibility to you or to any third party in connection with such Content. You are solely responsible for any losses or damage suffered by Biostaffic in connection with your Content. You hereby represent and warrant that you will not store or otherwise use any Content in connection with the Service that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violates any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invades or interferes with the rights of privacy or publicity of any person; or (f) contains a virus, malicious code or any other harmful component.

10.2 Biostaffic reserves the right, at any time in its sole discretion and without notice to you, to review, monitor, flag, filter, update or remove any or all Content from the Service, but Biostaffic has no obligation to do so. You agree to immediately take down, delete or modify any Content that is stored by you through the Service that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request from Biostaffic. In the event that you elect not to comply with a request from Biostaffic to take down, delete or modify certain Content, Biostaffic reserves the right to directly take down, delete or modify such Content. Biostaffic assumes no liability or responsibility arising from your activities in connection with the Service, including, without limitation, Content that you store or otherwise use in connection with Service.

10.3 Biostaffic claims no ownership or control over your right, title and interest in your Content. You retain copyright and any other intellectual property and other proprietary rights you already hold in your Content, and you are solely responsible for protecting those rights, as you deem appropriate. By submitting, storing, recording, or otherwise using your Content in connection with the Service, you hereby grant Biostaffic a worldwide, royalty-free, fully-paid-up, non-exclusive license to reproduce, analyze, modify, distribute, and otherwise use such Content for the purpose of enabling Biostaffic to provide the Service to you, including, without limitation, storing and retrieving the Content, making the Content available through the Service, adapting the Content for technical display and transmission, conforming the Content to the limitation and terms of the Service, and any other use related to the maintenance, provision and improvement of the Service.

10.4 Biostaffic will not disclose any of your Content, except: (a) if you expressly authorize us to do so in connection with your use of the Service; (b) as necessary to provide the Service to you; or (c) to comply with the request of any governmental or regulatory body, subpoenas or court orders, or as otherwise required by applicable law, rule or regulation. If we receive a subpoena, court order, or other request from a governmental or regulatory body requesting the disclosure of any of your Content, we will use good faith efforts to provide you with reasonable notice to allow you to seek a protective order or other appropriate remedy (except to the extent Biostaffic’s compliance with the foregoing would cause it to violate a court order or other legal requirement).

10.5 To report any Content including listings and reviews for violating Biostaffic’s policies, please contact us.

11. Feedback

11.1 If you send or transmit any communications or materials to Biostaffic by email, or otherwise (“Feedback”), suggesting or recommending changes to our Services, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by Biostaffic or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way Biostaffic uses such Feedback.

11.2 You hereby assign all right, title, and interest in, and Biostaffic is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that Biostaffic is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

12. Exclusion of Warranties

12.1 YOUR USE OF SERVICESS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE THAT BIOSTAFFIC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CUSTOMER, INCLUDING, BUT NOT LIMITED TO, USERS AND VENDORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

12.2 THE SERVICESS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. BIOSTAFFIC, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICES PROVIDERS, AND BIOSTAFFIC’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE ”GOOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICES, OR DATA PROVIDED THROUGH THE SERVICESS, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICESS IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES.

12.3 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND BIOSTAFFIC. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIOSTAFFIC OR ANY PERSON ON BEHALF OF BIOSTAFFIC SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

12.4 NOTHING IN THESE TERMS, THIS SECTION 12, OR SECTION 13 BELOW, SHALL EXCLUDE OR LIMIT BIOSTAFFIC’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

13. Limitation of Liability

13.1 Unless otherwise specified, to the maximum extent permitted by applicable law, Biostaffic and its partners, suppliers, licensors, content providers, or any of its or their directors or officers, can in no way be responsible for damages, including, but not limited to, indirect, consequential, incidental, special, punitive or other damages, arising out of or in connection with the use of the Biostaffic Services by the Customer. The user agrees not to hold Biostaffic responsible for any loss resulting from any event.

13.2 If, despite the foregoing, Biostaffic's liability is retained towards the Customers, and it must pay damages for any reason whatsoever and whatever the form of the action, Biostaffic's liability shall not exceed not the total of the sums paid or owed by the Customer during the twelve (12) months preceding the claim giving rise to such damages and interests.

14. Indemnification

14.1. You agrees to defend, indemnify and hold harmless Biostaffic, its subsidiaries, affiliates, suppliers, partners, contractors, agents, licensor, subcontractor, interns, employees, directors, officers and respective representatives, against any damage, liability, claim, demand, obligation, loss, fines, penalties and expenses, including attorneys' fees, incurred in connection with claims made or brought by a third party arising out of or relating to unauthorized use or prohibited from the Services, violation of these Terms, any law or the rights of a third party, by the Customer, its Affiliates, employees, agents or subcontractors..

15. Changes to Service

15.1. Biostaffic is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which Biostaffic currently provides may change from time-to-time without prior notice to you.

Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to security patches, additional functionality, reduced functionality, and other enhancements.

15.2. The Service shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. Governing Law and Disputes

16.1. Governing Law. These Conditions are governed by the state of Florida.

16.2. Dispute resolution. The parties agree that all disputes relating to the conclusion, validity, interpretation, execution or termination of this agreement shall be the subject of an amicable resolution. In the event that the amicable resolution fails, the Dispute will be subject to the exclusive jurisdiction of the Montpellier Commercial Court.16.1. Governing Law. These Conditions are governed by the state of Florida.

16.3. Severability. To the extent that any provision or part of the provisions of this Agreement would be deemed illegal, void or unenforceable, this provision must be replaced by a valid and enforceable provision the effect of which would approximate as closely as possible to the expected economic effect of the provision deemed inapplicable or invalid. Therefore the other provisions will not be affected and will remain in force and enforceable.

16.4. Amendment. BIOSTAFFIC may at any time modify the terms of these conditions, taking into account in particular the technical and factual evolution of the regulations and technologies associated with the service. The Customer will be systematically informed by any means, and he agrees to read the new terms of the Terms of Service.

17. Third Party Websites

Our websites and Services may provide links to other websites that are not owned or operated by Biostaffic (“Third Party Websites”). Biostaffic provides these links to you as a convenience only, and Biostaffic does not verify, make any representations concerning, or take responsibility for, such Third Party Websites, or the products or services offered through such third party websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Websites. You should use your own independent judgment before accessing and using such Third Party Websites, or products or services offered through such third party websites.

18. Miscellaneous Legal Terms

18.1. Any notice or other communications by Biostaffic relating to the Service may be made by e-mail or posting on our Platform, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.

18.2. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third-party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.

18.3. Biostaffic may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, Biostaffic’s express prior written consent.

18.4. Biostaffic will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, and Internet disturbances.

19. Questions

If you have any questions about this website or these Terms of Service, please contact us at: dgoodman@biostafic.com .