These Indeed Beta Product Terms of Service (“IBP Terms”) form a part of, and are incorporated into, the Indeed Terms of Service (the “Agreement”), and apply to any user who accesses or uses any Indeed Beta Product (“IBP”), or who otherwise indicates its acceptance of these IBP Terms. All products considered an IBP and governed by these IBP terms shall follow the naming convention: “Indeed [Product Name] Beta.”
Any capitalized terms that are used but not defined in these IBP Terms have the meaning set forth in the Agreement.
THE BETA PRODUCT PROVIDED BY THESE TERMS IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS.
If you are an Employer and have been invited to test an IBP, you agree that, unless otherwise specifically provided herein or agreed by Indeed in writing, any IBP and any documentation provided corresponding with an IBP constitute confidential proprietary information of Indeed. You shall permit only authorized users, who possess rightfully obtained access to any IBP, access to the IBP or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Indeed.
Unless otherwise stated in an insertion order or other agreement with Indeed, you may independently cancel your use of any IBP at any time (such cancellation is generally effective within 24 hours). Indeed may cancel any IBP or these IBP Terms at any time. Indeed may modify any IBP or these IBP Terms at any time without liability, and your use of any IBP after these IBP Terms have changed indicates acceptance of the updated IBP Terms. Sections 1, 2, 3, 5, 6, 7 and 8 will survive any expiration or termination of these IBP Terms.
You represent and warrant that (a) all your information is correct and current; (b) you hold and grant Indeed and Partners all rights to copy, distribute and display Creative (“Use”); and (c) such Use and websites linked from any content posted via any IBP (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IBP Terms or your account without notice, and may subject you to legal penalties and consequences. Indeed may reject or remove any content posted via any IBP, and Indeed may disable any Employer’s account, for any or no reason without notice.
INDEED’S PROVISION OF ANY IBP AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PRODUCT AND YOUR USE THEREOF, INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 7 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INDEED BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.
If applicable, you shall be charged in accordance with the pricing listed in a separate agreement or insertion order with Indeed, or as displayed on the Site corresponding with any IBP made available to you. In all instances, charges are based solely on Indeed’s measurements and Indeed’s determination of charges shall be binding.
You shall indemnify, defend and hold harmless Indeed, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of our IBP use, Creative, site or Your Services, or your breach of these IBP Terms.