Pinn




Terms of Service

 

 

Acceptance of Terms

 

These Terms of Service (“Terms”) govern your use of the Pinn AuthX™ mobile application, www.Pinn.ai, any other Pinn Technologies™ websites (collectively, the “Application”), and the services, content and information provided through the Application that are owned or operated by Pinn, Inc. (together with our affiliate, Pinn Staffing Services, Inc., “Pinn”, “we”, “our” or “us”).

 

By accessing, downloading, installing, registering for or using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you: (i) acknowledge that you have read and understand these Terms; (ii) accept and agree to be bound by them in their entirety; (iii) are entering into a legally binding agreement with us; and (iv) acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Pinn. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHALL NOT USE THE SERVICES.

 

Changes to Terms

 

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them to the Application, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Application from time to time so you are aware of any changes, as they are binding on you.

 

Accessing the Services

 

Scope of Services. “Services” means the Application and the services, content, functionality and information provided on or through the Application that allows employers and job seekers to interact online and assess one another in connection with their respective employment goals. The Services are for your own personal, non-commercial use only.

 

Registration. You must register on this Application to apply for a job or review information about posted jobs or potential employers through the Application or to otherwise use certain features of the Application. Registration alone does not guarantee that you will be selected for any jobs. If you simply want to browse this Application, registration is optional, although all features in information may not be available to you unless you register. During registration you will be required to provide various information including your full name, email address, mobile phone number, and password. You can select any available username, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain Application functions. We reserve the right to reject or remove any username or any Pinn™ account in our sole discretion.

 

Account Security. You assume all responsibility for your use of, and access to, the Services. You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Pinn any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords.

 

Information You Submit to the Application. You represent and warrant that all information you submit to us through the Application is true, accurate, current and complete and that you will promptly update your Pinn™ account if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account.

 

Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. Pinn does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

License Grant and Restrictions

 

License Grant. Subject to these Terms, Pinn grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device or web browser to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services or permit other users access to our Services through your account. This license may be revoked at any time for any reason, or no reason at all, at the sole discretion of Pinn.

 

License Restrictions. Without the prior written approval of Pinn, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Pinn are licensed, not sold.

 

Proprietary Rights

 

All Rights Reserved. The Services, and all copies of the Services, are owned by Pinn or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Pinn reserves all rights not expressly granted to you herein. You agree that you have no right to any Pinn trademark or service mark and may not use any such mark in any way unless expressly authorized by Pinn.

 

Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback to Pinn related to the Services (“Feedback”). You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Pinn shall be free to use or disclose such Feedback, including your first and last name or username, for any purpose. Our use and disclosure of your personal information in connection with posting your Feedback on the Application shall be subject to our Privacy Policy. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Pinn under any circumstances relating to such Feedback.

 

Prohibited Uses

 

You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

 

Using the Services while operating a motor vehicle; Acts that may materially and adversely affect the quality of other users’ experience; Actual or attempted unauthorized use or sabotage of any computers, machines or networks; Introducing malicious programs into the Services, network or servers (e.g. viruses, worms, Trojan horses, etc.); Engaging in any monitoring or interception of data not intended for you without authorization; Attempting to circumvent authentication or security of any host, network, or account without authorization; Using any method, software or program designed to collect identity information, authentication credentials, or other information; Falsifying user identification information; Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or Impersonating any person or entity, including, but not limited to, a Pinn representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

 

User Contributions and Standards; Copyright Infringement

 

All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to any Pinn site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

 

You represent and warrant that:

 

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and each of their and our respective licensees, successors, and assigns. All of your User Contributions do and will comply with these Terms.

 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS PINN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Copyright Infringement. If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Pinn to disable and/or terminate the user accounts of repeat infringers.

 

Suspension and Termination of the Services

 

Pinn may deny or restrict your access to all or any part of the Services without notice for any reason or for no reason at all, including if, in Pinn’s sole discretion, it deems that you have engaged in any conduct or activities that Pinn, in its sole discretion, believes violates the letter or spirit of any of these Terms.

 

In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Pinn will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Pinn pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Pinn will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.

 

You may terminate these Terms by terminating your use of the Services and any related account; provided, however, immediately upon your subsequent access of the Services or creation of an account, the Terms then in effect shall become effective.

 

Third Party Content and Terms

 

Third Party Content. We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services, including that which is provided by employers and job seekers accessing or using the Services. We may, but do not have, nor do we undertake, any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users.

 

The information presented on or through the Service is made available solely for general information purposes. We are not responsible for nor do we warrant the accuracy, completeness, usefulness, timeliness or delivery of any statements, messages, services, data or any other information provided to or by third parties as accessible through the Service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.

 

From time to time, the Services may contain references or links to third-party materials not controlled by Pinn or its suppliers or licensors. Pinn provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Pinn is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Services. You are responsible for evaluating whether you want to access or use a third party sites. Accordingly, if you decide to use third party sites, you do so at your own risk and agree that these Terms do not apply to your use of any third party sites. You should review any applicable terms or privacy policy of a third party sites before using it or sharing any information.

 

App Store Terms. If you are accessing the Services through an application downloaded from the Apple App Store, you and Pinn agree to the following additional terms:

 

Pinn and you acknowledge that these Terms are concluded between you and Pinn only, and not with Apple, and Pinn, not Apple, is solely responsible for the Services and the content thereof. Pinn and you agree to be bound by the App Store Terms of Service as of the effective date of these Terms (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms below have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).

 

You may only access the Services on an iOS product that you own or control and only as permitted by the Usage Rules set forth in the App Store Terms of Service.

 

To the extent set forth herein or required by applicable law, Pinn is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

 

Pinn, not Apple, is solely responsible for any product warranties set forth in these Terms, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Pinn’s sole responsibility, to the extent not disclaimer herein.

 

Pinn and you acknowledge that Pinn, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Services or your possession and use of the Services infringe any third party’s intellectual property rights.

 

If you send or receive SMS messages through the Services, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.

 

If you authorize Pinn to access your Address Book on your iOS product, you acknowledge and agree that Pinn may access and use such data to share jobs with your contacts.

 

Google Terms. Pinn may send you push notifications and use your geo-location data if you authorize Pinn to do so. Additionally, the Services may incorporate the Google Maps API. Accordingly, if the Google Maps API is incorporated, by accessing or using our Services, you hereby agree to be bound by Google’s Terms of Service (available at http://www.google.ai/intl/en/policies/terms/) and Google’s Privacy Policy (available at http://www.google.ai/privacy.html).

 

Relationship between the Parties

 

Job Opportunity Marketplace.e Application serves as, among other things, a marketplace (i) for employers to post job opportunities, search for and evaluate job seekers and engage job seekers directly (in this case, referred to as a “Direct Employer”) or through a separate entity, Pinn Staffing Services, Inc. (in this case, referred to as a “Staffing Recipient”); (ii) for job seekers to post resumes, credentials, and certifications as well as search for and evaluate job opportunities; and (iii) for job seekers and employers and/or Pinn Staffing Services, Inc. (“WLSS”) to interact throughout the job evaluation and engagement. You are solely responsible for determining which jobs you will review or choose to accept through the Application. If you accept an assignment, and if certain details about the requested services (for example, how, when and where you provide the services) are outlined in the applicable job description, you will be required to comply with those. In connection with accepting an assignment, any relationship you may enter into with a Direct Employer or WLSS these Terms shall not constitute a contract of employment. In addition, with respect to each assignment you accept that may create an employer-employee relationship, you will be informed of the party that serves as your employer of record and you will be an at-will employee of that party. In the absence of a separate agreement between you and Pinn or any of its affiliates, Pinn and its affiliates undertake no obligations with respect to the foregoing except as expressly set forth in these Terms.

 

Taxes. Unless otherwise instructed in writing by a Direct Employer or WLSS, you are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from your provision of services in connection with any job you accept through the Application.

 

No Employment Relationship. Nothing in these Terms is intended or should be construed to create a partnership, joint venture, principal-agent, or employer-employee relationship between Pinn and you and you shall take no position to the contrary. Without limiting the generality of the foregoing, you are not entitled to or eligible for any benefits that Pinn, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits.

 

Data Rights

 

You acknowledge and agree that Direct Employers, Staffing Recipients, and Pinn may disclose to Pinn any information you provide to that party, whether through the Application or otherwise, including, without limitation your personal information. Pinn may use your personal information in accordance with the Privacy Policy. In consideration of your use of the Services, you expressly authorize each Direct Employer and Staffing Recipient to verify to Pinn that you have accepted employment or an engagement of any kind or nature, and provide additional information of any kind or nature related to such employment or engagement, including but not limited to hourly or salary base rates and other personal information and the Direct Employer and Staffing Recipient, as applicable, may rely upon this authorization to disclose such information to Pinn.

 

Similarly, any information you submit or post to the Application will be considered non-confidential and non-proprietary. By providing such information on or through the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, subject to the Privacy Policy.

 

Confidentiality

 

Use and Disclosure. From time to time, you may be given access to Confidential Information in the course of using the Services or performing engagements that you receive through the Application. During the term of these Terms and at all times thereafter, you will (i) hold all Confidential Information in strict trust and confidence, (ii) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by these Terms, and (iii) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining Pinn’s express prior written consent on a case-by-case basis. “Confidential Information” means any and all information related to Pinn’s, any Direct Employer’s, or any Recipient’s respective business (including trade secrets, technical information, business forecasts and strategies, marketing plans, client (including Direct Employers and Staffing Recipients) and supplier lists, personnel information, financial data, and proprietary information of third parties, including Direct Employers and Staffing Recipients) that Pinn, the Direct Employer, and/or the Recipient considers to be confidential or proprietary or Pinn has a duty to treat as confidential.

 

Standard of Care. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care.

 

Exceptions. Your obligations under this Section 14 will terminate with respect to any particular information that you can prove, by clear and convincing evidence, (i) you lawfully knew prior to first disclosure to you by the protected disclosing party hereunder, (ii) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (iii) is, or through no fault of you has become, generally available to the public. Additionally, you will be permitted to disclose Confidential Information to the extent that such disclosure is expressly approved in writing by Pinn or the applicable disclosing party, or is required by law or court order, provided that you immediately notify Pinn or the applicable disclosing party in writing of such required disclosure and cooperate with Pinn or the applicable disclosing party, at Pinn’s reasonable request and expense of Pinn or the applicable disclosing party, in any lawful action to contest or limit the scope of such required disclosure, including filing motions and otherwise making appearances before a court.

 

Removal; Return. Upon Pinn’s request at any time and upon any termination or expiration of these Terms, you will promptly (i) return to Pinn or, if so directed by Pinn, destroy all Confidential Information (in every form and medium), (ii) permanently erase all electronic files containing or summarizing any Confidential Information, and (iii) certify to Pinn in writing that you have fully complied with these obligations.

 

Mobile Services

 

Using the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. In the event you change or deactivate your mobile account, you must promptly update your Pinn™ account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Application through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.

 

Privacy

 

All information we collect through the Services is subject to our Privacy Policy (see below) By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Representations and Warranties

 

You represent and warrant that you: (i) do and will comply with all applicable laws and regulations in connection with your use of the Services, (ii) are at least 18 years of age or otherwise over the age of majority in the jurisdiction in which you reside, (iii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto, (iv) will only maintain one account at any given time, (v) will only provide accurate information to Pinn, (vi) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party, and (vii) will not violate any rights of Pinn or a third party.

 

Disclaimers

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT NEITHER OF PINN, ANY DIRECT EMPLOYER, ANY STAFFING RECIPIENT SHALL HAVE ANY LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY THAT PARTY, ANY ONE OR MORE OF THE OTHER PARTIES, OR ANY OTHER THIRD PARTY. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. PINN DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. PINN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

 

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, PINN’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

 

Indemnification 

 

You agree to defend, indemnify and hold Pinn, its parents, subsidiaries, affiliates and other related entities, and the officers, directors, employees and agents of each of the foregoing (the “Indemnified Parties”) harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by any of the Indemnified Parties (collectively, “Losses”) arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; (iii) your use of the Services, including, without limitation, your User Contributions; (iv) bodily injury, death of any person or damage to real or tangible, personal property resulting from the willful, fraudulent or grossly negligent acts or omissions of you or any of your representatives or agents; (v) your material breach of any representation, warranty or obligation set forth in these Terms; (vi) any employment-related claim of any nature made against the Indemnified Parties to the extent that such claim is based, in whole or in part, on an act or omission committed by you, a Direct Employer, a Staffing Recipient, or any of the employees or agents of any of the foregoing. Each of the Indemnified Parties reserves the right, at your expense, to, upon notice, assume the exclusive defense and control of any matter subject to indemnification hereunder.

 

Limitation of Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Limitation of Liability

 

 UNDER NO CIRCUMSTANCES WILL PINN OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“PINN PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

 

THE PINN PARTIES’ TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE PINN PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 18, 20, AND 21 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.

 

Dispute Resolution 

 

Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

 

Electronic Notices and Disclosures 

 

You acknowledge and agree that Pinn may provide notices and other disclosures to you electronically by posting such notices or other disclosures in the Application or by emailing it to you at any email address you provided to Pinn. Such notices or other disclosures shall be considered received by you following the posting in or on the Application or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

 

Miscellaneous

 

 These Terms, along with any rules, guidelines, or policies posted in the Application constitute the entire agreement between Pinn and you with respect to your use of our Services. If there is any conflict between these Terms and any other rules or instructions posted on the Services, these Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Pinn. These Terms shall be governed by, and construed in accordance with, the laws of the state of California, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with these Terms shall be in Redwood City, California. The parties each hereby consent to the jurisdiction and venue in Redwood City, California and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Pinn shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Pinn. Pinn’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Pinn may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Pinn, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Pinn. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Pinn, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms.

 

Your Comments or Concerns

 

If you have any questions, complaints, or claims, you may contact

 

Privacy Policy

 

This policy describes the types of information that Pinn, Inc. (together with our affiliate, Pinn Staffing Services, Inc., “Pinn”, “we”, “our” or “us”) may collect from you or that you may provide when you purchase, download, install, register with, access, or use the Pinn™ mobile application, www.Pinn.ai, or any other Pinn™ website (collectively, the “App”) and our practices for collecting, using, maintaining, protecting and disclosing that information. 

This policy applies to information collected through the App and from electronic messages between you and the App. This policy does not apply to information collected by: (i) us offline or through any other means, including through any other application operated by Pinn or any third party; or (ii) any third party (including our affiliates), including through any application or content that may link to or be accessible from the App.

Please read this policy carefully to understand our policies and practices regarding your information. By downloading, registering with, accessing or using the App, or by clicking to accept or agree to the Terms when this option is made available to you, you agree to this policy. If you do not agree with our policies and practices, do not download, register with, or use this App.

 

Information Collected

 

Several types of information from and about users of the App are collected, including:

Information by which you may be personally identified, such as name, social security number or similar identification numbers, postal address, e-mail address, telephone number, driver’s license number or any other identifier by which you may be contacted online or offline (“personal information”). Date of birth, professional or other work-related licenses, and training certificates. Information that is about you but individually does not identify you, such as information about your internet connection, the mobile device you use to access the App and usage details, and job details, including job descriptions, hours worked, wages and fees. Your geolocation data.

Information You Provide to Us

The information you provide to us through the App may include:

Information you provide by filling in forms in the App, including information provided at the time of registering to use the App, information which may be posted publicly, such as job postings (which may also be referred to as “orders”) to the App and responses to postings, or requesting information made available on or through the App. Information we request when you report a problem with the App. Correspondence or other communications that you may send to us or others through the App.

 

Information Collected Through Automatic Data Collection Technologies

 

As you navigate through and interact with the App, we may collect, through automatic data collection technologies, certain information about your mobile device, browsing actions and patterns to improve the App and deliver a better and more personalized service, to help remember and process the items or information you save or otherwise queue for later use, to compile aggregate data about App traffic and interactions to better serve you, to keep track of referrals of jobs or companies to other individuals, and to keep track of advertisements. Your mobile application and web browser settings allow you to control and limit cookies on your computer or mobile device. If you reject cookies, you may still use the App, but your ability to use some areas or functions of the App may be limited. If you do not want us to collect this information at all, do not download the App or delete it from your device.

“Unique Identifiers” may also be used to enable your use of the App. Unique Identifiers are small files used by our App that are stored on your device when the App is first installed for the purposes of identifying your device for consistent usage across sessions in the App. Unique Identifiers are installation specific: if the App is uninstalled and then reinstalled, the old Unique Identifier is deleted and a new Unique Identifier is installed. These Unique Identifiers do not contain any personal information or other sensitive information. We use Unique Identifiers to track and enhance your usage of the App.

 

Third-party Use of Automatic Data Collection Technologies

 

Some content or applications, including advertisements, in the App are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different apps and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

How We Use Your Information

 

We may use information that we collect about you or that you provide to us, including any personal information:

To present the App and its contents to you. To provide you with information, products or services that you request from us. To fulfill any purpose for which you provide such information. To carry out our obligations and enforce our rights arising from any contracts entered into between you and Pinn or any entities affiliated in any way with Pinn. For Pinn’s and affiliated entities’ internal business purposes. To personalize your experience with the App. To improve the App. To improve customer service. To notify you about changes to the App or any products or services we offer or provide through it. To perform background checks and payroll processing, In any other way we may describe when you provide the information. For any other purpose with your consent.

 

Third Party Links

 

Occasionally, at our discretion, we may include or use third party products or services on our App. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Accessing and Correcting Your Information

 

You may change any personal information that you have submitted to us through the App by logging into your account and updating your account profile in the App.

 

Data Security

 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to the App. Any transmission of personal information is at your own risk. We are not responsible for any party’s circumvention of any privacy settings or security measures contained in the App. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. You should not share your password with anyone.

 

Your California Privacy Rights

 

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which that company has disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. Alternatively, the law provides that if a company has a privacy policy that provides you with an “opt-out” choice for use of your personal information by third parties for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

This App qualifies for the alternative option. This privacy policy provides you with information on how you may opt-out from the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information during the preceding year for marketing purposes.

If you are a California resident and request information about how to exercise your third party disclosure choices, send a request to the email address below.

 

Children Under the Age of 13

 

The App is not intended for children under 13 years of age. No one under age 13 may provide any information through the App. If you are under 13, do not use or provide any information through the App or on or through any of its features. We do not knowingly collect personal information from children under 13; however, if we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. Please contact us if you believe we might have personal information about a child under age 13.

 

Fair Information Practices

 

In our effort to comply with the Fair Information Practices, should a data breach occur of which we are aware, we will attempt to notify affected users by email within ten (10) business days of becoming aware of such data breach, or as soon as possible thereafter.

 

Changes to Our Privacy Policy

 

We may change this policy from time to time and will post those changes in the App. If we make material changes to how we treat our users’ personal information, we will notify you by email or by conspicuous notice within the App. Your continued use of the App after we notify or post changes to the policy is deemed to be agreement to and acceptance of those revised policy, so be sure to check this policy periodically for updates. The date the policy was last revised is identified at the top of the page.

 

Contact Information

 

To make any request permitted by this policy, ask questions, or comment about this policy, contact us at .