Read our terms below to learn more about your rights and responsibilities as a LANDED user.
Service Agreement - Software as a Service
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by Gofriendshop, Inc., dba LANDED (“LANDED” or “we”).
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION C.14, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION C.14.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at support@gotlanded.com.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
For purposes of this Section A of the LANDED General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing our Services in your capacity as a job seeker (“Job Seeker”). As a Job Seeker, you are permitted to use LANDED’s Services and its content solely for non-commercial purposes.
You must be at least 14 years of age and reside in the United States of America to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
As part of the Services, LANDED may contact you through your LANDED account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to us or that we may otherwise obtain from third-party sources.
By providing LANDED with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number.
To stop receiving text messages at any time, reply to the text with STOP or contact LANDED Customer Support at support@gotlanded.com. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Texting STOP in response to a LANDED SMS alert will unsubscribe you from LANDED SMS alerts. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from LANDED.
You may also revoke your consent to receive text messages by terminating the Agreement through closing your LANDED account. LANDED cannot be responsible for the actions of third parties to whom you have provided your phone number.
To stop receiving marketing or commercial emails from LANDED, or to manage your email preferences, you may do so by updating your email settings on your LANDED account. You may also opt out of marketing or commercial emails from LANDED by clicking on and following the unsubscribe link in our messages.
LANDED may make available job listings regarding employment opportunities and other job-related content, including links to third-party websites (“Job Listings” and each a “Job Listing”).
Job Listings are created and provided by third parties over whom LANDED exercises no control; you acknowledge and understand that we have no control over the content of Job Listings, links to or from Job Listings, or any conditions third parties might impose once a Job Seeker has submitted an application or left the LANDED site. If you leave the LANDED Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. LANDED has no obligation to screen any Job Listings and may exclude or remove any Job Listings without any obligation to provide reasoning for removal or exclusion. You understand and agree that LANDED has no obligation to present you with any or all Job Listings. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any Employer or other user, including the identity of such Employer or other user. LANDED assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, or other information submitted by any Employer or other user.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, LANDED may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies, pixels and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that LANDED has no control over such an Employer or its website. You agree to LANDED’s use of, and receipt of information from, any such tracker functionality.
LANDED may provide independent functionality to assist you. For example, LANDED may provide recommendations to help you view relevant Job Listings across various Employers. LANDED may reformat Job Listings so that you may read them more clearly on a mobile phone. LANDED does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Listings, and no inferences can be drawn with respect to Job Listings or Employers that are not displayed on dedicated pages.
By creating a job seeker account on LANDED (“Job Seeker Account”) or uploading a file resume on LANDED (collectively, “Your Profile” or “Job Seeker Profile”), you are requesting and authorizing LANDED to make available Your Profile to anyone accessing our Services, such as Employers that LANDED believes may have an interest in Your Profile to help you find a job. You are responsible for keeping Your Profile accurate and up-to-date. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact LANDED to do so. It may take a few days for updates to your account or Your Profile to be reflected. LANDED assumes no responsibility and disclaims all liability for Your Profile or other application information you post, send or receive through our Services.
LANDED may utilize publicly available information aggregated from various sources to communicate with you about various job opportunities and to help Employers find and connect with potential job seekers about an Employer’s Job Listings or job opportunities, and such information may not be used for any other purpose. You may remove your publicly available information from this part of our Services and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages. To delete your publicly available information from LANDED, please email support@gotlanded.com.
By creating or uploading Your Profile, you are requesting and authorizing LANDED to review or scan Your Profile and provide you feedback (at LANDED’s sole discretion), including suggested changes, other jobs you may consider applying to because your qualifications may match their requirements, and suggestions for additional information you may want to include with your application to a particular job. You agree that your use of any feedback or other information provided by LANDED is at your sole discretion. You are the only one responsible for deciding which jobs to respond to and what to include in your applications. LANDED assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback. LANDED does not guarantee that any recommended jobs are suited for you.
Any resume or application information that you submit through LANDED, including Personal Data included in a resume, application or responses to screener questions, is subject to this Agreement and to LANDED’s Privacy Policy.
Prior to submitting your application through LANDED, you will be given the opportunity to review the information. It is important that you review this information carefully to ensure that what is being submitted is accurate and complete, and 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), LANDED 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 text messages from Employers through LANDED 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 LANDED is not responsible for the Employer application process.
When you ask LANDED to submit your application, you are sending Your Profile and application information to LANDED, and you are requesting and authorizing LANDED to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to LANDED’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask LANDED to transmit an application or a message, including, but not limited to, to an Employer via LANDED, or store such application, you understand that this is without warranty, and that LANDED reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Employer through LANDED being processed and analyzed by LANDED according to this Agreement and our Privacy Policy.
You acknowledge and agree that Employers may request that LANDED assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to LANDED into one document, and you agree that in doing so, LANDED assembles these application materials on your behalf. When you apply to a job via LANDED, we will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their LANDED accounts, including by connecting to and integrating with APIs provided or used by LANDED. By applying for a job through LANDED, you agree to an Employer’s use of such service providers, and acknowledge that such use may involve an intermediary’s access to job applications sent to its Employer client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. LANDED also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. LANDED depends on the Employer or the Employer’s agent to provide LANDED with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to LANDED is incorrect, your application materials will not be sent to the intended recipient of the application. Further, LANDED does not guarantee that its integrations or the interface will be error-free. However, LANDED may alert you when any of the above events occur.
Job Listings may expire or otherwise be removed between the time you submit your application and the time it is received, in which cases your application will be void. LANDED has no responsibility for expired or removed Job Listings or for delivering applications prior to a Job Listing’s expiration or removal. LANDED 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. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to applicant tracking systems. Third party sites, including applicant tracking systems used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by LANDED on our or third party providers’ servers, do not submit your job application via LANDED and please send your application or messages directly to the Employer by whatever other method you so choose. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through LANDED. By using LANDED Services, you fully consent to the above.
By using LANDED, you agree that we are not responsible for the content of the Employer’s job application, requirements, messages, screener questions, skills assessments or their format or method of delivery, and that LANDED does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that we do 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. Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability and/or veteran status along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying to jobs on LANDED. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their privacy policy. LANDED does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. LANDED cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. LANDED recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. LANDED does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
By answering screener questions via LANDED, you acknowledge that Employers may have instructed LANDED to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that LANDED has no discretion in the transmission of these rejections. Any interactions the Employer has directly with you and not through a tool provided by LANDED (for example, calling or emailing you directly instead of via LANDED) are not visible to us.
By answering screener questions via LANDED, you acknowledge that Employers may have instructed LANDED to schedule interviews with Job Seekers who meet criteria (based on information the Job Seeker has provided to LANDED, such as answers to screener questions, resume and Your Profile) that the Employers have selected, and based on the Employers’ availability. You agree that LANDED has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer provided to LANDED may not be accurate. LANDED may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately your and the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.
Job matches are recommendations which may be presented to both you as a Job Seeker and to Employers in various formats in our Services. For example, LANDED may recommend Job Listings which are similar to jobs to which you recently applied, or recommend Job Seeker Profiles to Employers which match Job Listings they post.
To generate matches, LANDED uses data collected through our Services from both Employers and Job Seekers. This includes Job Listings, Your Profile, your application materials (including responses to screener questions), and your activity on LANDED (such as your responsiveness and Job Listings you apply to). You agree and consent that LANDED may use this information to present potential matches to you and to potential Employers.
LANDED may automatically send you recommended jobs via the email address or phone number you use to apply to a job or the email that is associated with your LANDED account.
When you view, send, store or receive communications or materials (including Job Listings, resumes, messages, text messages, chats, emails, applications, questions and responses in applications, and any other information) to, on or through our Services, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of our rules and other policies, content moderation, and to improve our Services and products. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. LANDED also uses vendors as an extension of our Services to collect, record, process, analyze, and store communication data. If you disagree with any part of these terms, do not use our Services.
When an Employer views, sends, stores or receives communications or materials to, on or through our Services, LANDED may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Listing, your Profile, or your application, such as pausing or closing a Job Listing, responding to your Profile or application, and making a decision with regards to your application or Job Listing. LANDED may offer you the opportunity to receive a text message interview reminder from LANDED when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the LANDED consent form. By entering your phone number on the LANDED consent form, you are representing and confirming that the phone number you have entered is your phone number and that you have the right to accept text messages at the number. If you change your phone number, you agree to promptly update your LANDED account with the new number. You agree that by providing your phone number and using our Services, you are establishing a business relationship with LANDED and that we may send you text messages related to and in connection with that business relationship. LANDED reserves the right, in its sole discretion, to turn off or disable communication options for any Employer or Job Seeker at any time without prior notice and for any or no reason. Please note that since text messaging services depend on the functionality of third-party providers, there may be technical delays and other errors on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive communications, such as text messages, emails or calls. We also do not guarantee that LANDED’s integrations with these third-party providers or interface will be error-free. Further, we do not guarantee that communications sent to or through LANDED’s messaging will be delivered, received, accessed, read or acted upon. However, LANDED may alert you when any of the above events occur. In the event a message being sent is intended for a closed account, these messages will not be deliverable. You agree that LANDED is not responsible or liable for the content of any message or call from you or Employers. You further agree that LANDED is not responsible or liable for the manner in which you or Employers use LANDED’s messaging or other communication options.
To the fullest extent permitted by law, LANDED disclaims any and all responsibility or liability for services provided by third-party providers such as OpenAI to power our messaging services, or for the accuracy, content, completeness, appropriateness, legality, non-infringement, reliability, operability, or availability of information or material displayed in or linked from messages when using our Services. Given the probabilistic nature of machine learning, and depending on user inputs to Landed’s messaging services, Landed’s messaging services may generate messages that contain certain inaccuracies, including statements that do not accurately reflect real people, places, or facts. You should evaluate the accuracy of any message generated by Landed’s messaging services as appropriate.
LANDED may make screening tools available to Employers for Employer use in the application process, including screener questions. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by LANDED. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool, including any results from the use of the screening tool which are determined to have a “disparate impact” with respect to the screening, selection, and/or hiring of Job Seekers.
LANDED does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that LANDED is not procuring employees for Employers or procuring opportunities to work for Job Seekers. LANDED merely provides a tool enabling Employers and Job Seekers to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Employers or Job Seekers as applicable.
You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law.
As a Job Seeker, you take a variety of actions on LANDED and you provide various information. For example, you apply for jobs, and LANDED knows and stores the titles of jobs you click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on LANDED, and any other information you provide directly to LANDED including desired salary, past experience, any information in your Profile, and any of your other behavior on LANDED. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. By using LANDED, you acknowledge and agree that LANDED collects, records, processes, analyzes, and stores any and all information you provide and activities you take on LANDED, and any and all interactions and communications you have with, on, or through our Services.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, LANDED may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies, pixels and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that LANDED has no control over such an Employer or its website. You agree to LANDED’s use of, and receipt of data and/or information from, any such tracker functionality.
If you have a LANDED account or a Job Seeker Profile, you agree that we may associate the foregoing data obtained through automated means and/or tracker functionality with your Profile and use such data to suggest jobs to you and to suggest you or your Profile to Employers that might be interested in a person who matches your behavior on LANDED. You also agree that LANDED may contact you based on data collected related to your observed behavior or to the information you have provided on behalf of Employers or LANDED itself. If you do not wish to share Your Profile, you may contact our Customer Support at support@gotlanded.com. When you make changes to Your Profile, including, but not limited to, updating, deleting, or changing settings, it may take a few days for the changes to be reflected.
Please note that LANDED may be required to disclose user data to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that LANDED may receive legal orders from courts or law enforcement to disclose user data.
Please also note that some Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability and/or veteran status along with their job applications. Some Employers are required by law to ask these questions, and you may see these questions when applying to jobs on LANDED. LANDED is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their terms of service and/or privacy policy.
For purposes of this Section B of the LANDED General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing our Services in your capacity as an employer (“Employer”). The following terms and conditions apply to all Employers and other users who access or use our Services as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.
For purposes of this Section B of the LANDED General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing our Services in your capacity as an Employer or other user as described above.
When you access or use our Services in your capacity as an employee or other representative of an Employer, or if you create a LANDED 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 LANDED through the account, such as the actions you take and when you take them, will be visible to the Employer. Your Employer Profile consists of information you provide during our onboarding process.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including but not limited to trademark rights, in those usernames.
LANDED may offer suggestions, recommendations, or information to users that may support or improve their experience with our Services. 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 our Services 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. LANDED assumes no responsibility and disclaims all liability for any actions you take based on any information provided by LANDED. LANDED is not responsible for, and you are solely responsible for, compliance with minimum wage, local language, fair hiring practice, and other legal requirements.
If your LANDED employer account has a credit card or other payment method on file, such as bank account information for Automatic Clearing House (“ACH”) payment, we may charge that payment method for any products or services you order and for any outstanding payments, including to correct billing errors.
By providing your credit card, bank account, or other payment method information to LANDED, you authorize LANDED to charge or debit that payment method for fees owed to us for services purchased, pursuant to the terms associated with any LANDED service you are using and any other agreement with LANDED for purchase of services.
By providing your bank account information and signing up for direct debits from LANDED, you authorize LANDED to use ACH to debit the bank account specified for any amount owed for charges arising from your use of our Services and/or purchase of products from LANDED, pursuant to these terms, until this authorization is revoked.
You also agree that, as a service to Job Seekers, LANDED may activate our messaging services for use in connection with your Job Listings, and that any Job Seeker may apply for your Job Listings, and that LANDED will send applications to the email address you provide. When you use LANDED candidate management tools you acknowledge and agree that LANDED may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that if you use such candidate management tools, LANDED may assemble the candidate’s application materials, resume, answers to screener questions, and other information the candidate provides to LANDED into one document or webpage. You further agree that LANDED is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention, reporting requirements or other applicable law. By using these tools you consent to any information shared through LANDED being processed and analyzed by LANDED according to this Agreement and LANDED’s Privacy Policy. LANDED may store such information regardless of whether a job vacancy has been filled. When using our Services, you may see an indication of a Job Seeker’s skills, certifications, or other qualifications. LANDED does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on Job Seekers.
Whether you are using LANDED directly or any applicant tracking system (“ATS”) you are responsible for the content of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, any Job Listings that you post, and any messages that you send through LANDED or otherwise, and you understand and agree that LANDED is not responsible for any such content and that LANDED disclaims all liability for all such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law with respect to all content on LANDED provided by you or used by you in your screening and/or hiring decisions, including minimum wage requirements, wage transparency laws, or any other law. If you include voluntary self-identification questions for Job Seekers along with your application materials, you are solely responsible for compliance with applicable laws related to such questions, including the content and format of the questions and your use of the Job Seekers’ responses. You are solely responsible for compliance with all applicable regulatory requirements related to collecting and reporting demographic information about applicants.
If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on LANDED or otherwise notify LANDED. LANDED may provide you with a mechanism for responding to requests for accommodations from Job Seekers. 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 Job Seekers. LANDED does not guarantee delivery of or your receipt of the Job Seeker’s emails, text messagings, or application materials, or that there will be no mistakes in the transmission or storage of Job Seeker information. 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.
When you use our Services for your Job Listings, you acknowledge and agree that LANDED may, on your behalf, send out reminder emails to Job Seekers you wish to interview. LANDED may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s Profile. When you use screener questions, you may be given the option to instruct LANDED to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, such candidates will receive rejection notices and will be categorized as “Rejected” candidates in your candidate dashboard. You further acknowledge that LANDED has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately.
Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Job Seekers who meet criteria you have selected. If you choose such an option, Job Seekers will be scheduled for interviews and invited to interviews on your behalf via email based on whether information the Job Seeker has provided to LANDED (e.g., answers to screener questions, resume) matches criteria you have set. 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 are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that LANDED has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to LANDED may not be accurate. LANDED may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of whom to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, LANDED does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to LANDED is accurate. LANDED candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using this and other candidate management tools, you acknowledge and agree that LANDED is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that LANDED does not act as your employment agency by offering these candidate management tools.
You shall indemnify, defend and hold harmless LANDED, 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, application materials, voluntary self-identification questions, or screener questions (or answers thereto) posted by you, or any message sent by you.
Job matches are recommendations which may be presented to both you as an Employer and to Job Seekers in various formats via LANDED. For example, LANDED may recommend Job Seeker Profiles which match Job Listings you have posted, or recommend Job Listings to Job Seekers which are similar to jobs to which they have recently applied.
To generate matches, LANDED uses data collected through our Services from both Employers and Job Seekers. This includes Job Listings, application materials (including responses to screener questions), and user activity on LANDED (such as Job Listings applied to). You agree and consent that LANDED may use this information to present potential matches to you and to potential Job Seekers.
LANDED may make available to you screening tools for your use for candidates who apply to your job, including screener questions. By using any screening product, made available to you by LANDED, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by LANDED. You agree you are solely responsible for the use of such screening tools in compliance with the law, such as: the Fair Credit Reporting Act and similar state statutes; applicable employment, equality or 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 other similar federal, state, and local laws; and any applicable data protection or privacy laws, or laws regulating use of “automated employment decision tools”. Screening tools do not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. 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 Job Seekers. LANDED shall direct Job Seekers who reach out to LANDED with an accommodation request to you via the contact information you provided to LANDED, and you are responsible for monitoring your inbox for such requests. You agree to indemnify and defend LANDED for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that your use of any screening tool results in a “disparate impact.”
When a Job Seeker views, sends, stores or receives communications or materials to, on or through our Services, LANDED may inform you about such actions. Please note that since messaging relay services depend on the functionality of third-party providers, there may be technical delays and other errors on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive communications, such as text messages, emails or calls. We also do not guarantee that LANDED’s integrations with these third-party providers or interface will be error-free. Further, we do not guarantee that communications sent to or through LANDED messaging will be delivered, received, accessed, read or acted upon. However, LANDED may alert you when any of the above events occur. In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you were to share your contact information with a Job Seeker, once a Job Seeker has your contact information, you agree that LANDED is not responsible or liable for the manner in which they may use the information.
If you, or anyone on your behalf, views, stores, sends or receives communication or materials, (including messages, text messages, chats, emails, and any other information) to, on or through LANDED, you agree to the communication or material being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of our rules and other policies, content moderation, and to improve our Services and products. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. LANDED also uses vendors as an extension of our Services to collect, record, process, analyze, and store communication data. If you disagree with any part of these terms, do not use our Services.
LANDED may make human resources management software tools available to Employers and their employees (“HR Management Tools”). If you are an employee of an Employer subject to these Terms and are using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while LANDED is only providing the HR Management Tools for your and your Employer’s use, and that LANDED accepts no responsibility for such use. LANDED does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your Employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your Employer.
The following terms and conditions apply to everyone who accesses or uses any part of the Services, or attempts to do so, or otherwise accepts this Agreement.
When you access or use the Services, you agree to the terms and conditions of this Agreement. You agree that LANDED may perform the activities described in this Agreement, and you acknowledge that otherwise the Services cannot work as intended. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Service. You agree you have read,acknowledge, and agree to LANDED’s Privacy Policy, which is available here: https://employer.gotlanded.com/privacy-policy.
By using LANDED, you acknowledge and agree that LANDED may collect, record, process, analyze, and store a record of any and all actions you take, your activities, and any and all interactions and communications you have with, on, or through our Services. Such actions include the following: what content you view, which jobs you apply to, the information you input through the Services, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Services, the timing of each action, and time spent on each action. For example, when you submit an application on LANDED, message another user on LANDED, chat with a customer support representative or bot, speak with LANDED personnel, schedule an interview via LANDED, or otherwise engage with us or others through our Services, we may and do collect, record, process, analyze, and store a record of your actions, activities, interactions and communications. LANDED collects the foregoing data from all persons using our Services, including users of web browsers that are set to a private browsing mode, “incognito mode,” or similar modes. LANDED may use vendors as an extension of the Site to collect, record, process, analyze, and store this data. You authorize LANDED to use this data and User Content (defined below to encompass items such as resumes) to develop, train, build, and use statistical models, including artificial intelligence and machine learning models, and no compensation in any form shall be due or payable to you in connection with our exercise of its rights granted under this Section.
When you use our Services, you are requesting that LANDED send data, text, and images which may be stored in temporary or permanent storage in your device. You may delete this data by clearing third-party cookies from your browser and device. For more information on controlling tracking technology, please visit our Privacy Policy. You authorize LANDED to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating our Services.
Occasionally, LANDED tests improvements and updates to our Services, which may affect various aspects of our Services such as the audience, profiles, resumes, job search, recommendations, alerts, or formatting. You agree that LANDED may conduct such tests without notice to you.
LANDED may offer suggestions, recommendations, or information to users that may support or improve their experience with our Services. For example, we may communicate with you about job opportunities with other users. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. LANDED assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through our Services.
Our Services may allow you and other users to create, post, store and share content, including job postings, messages, text, photos, videos, software, resumes and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and LANDED.
LANDED is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. LANDED does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that LANDED has no obligation or liability with regard to publishing, monitoring, or removing User Content.
You grant LANDED and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
While using our Services, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct related to or in connection with our Services. In connection with our Services, you will not:
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary legal rights to disclose. You may not create, post, store or share any User Content that:
LANDED does not support and will not tolerate its Services being used to discriminate against others, including when based on age, ancestry, color, creed, disability, gender identity, marital status, national origin, parental status, political ideology, race, religion, sex, sexual orientation, use of service animal, military status or veteran, use of Section 8 certificate, or any other status protected by law. You are not permitted to use the Services in a manner which would or would likely incite, promote, or support such discrimination. If we believe in our sole determination that your use of the Services is being used to discriminate, we may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason.
Enforcement of this Section C.3 is solely at LANDED‘s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section C.3 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by LANDED or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
LANDED, GotLanded, Gofriendshop, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of LANDED and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about LANDED or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in LANDED’s sole discretion. You understand that LANDED may treat Feedback as nonconfidential.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify LANDED’s designated agent as follows:
Designated Agent:
Copyright Agent - LANDED Support
Address:
2261 Market St #4447 - San Francisco, CA 94114
Telephone Number:
614-733-9848
E-Mail Address:
support@gotlanded.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to LANDED for certain costs and damages.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. LANDED does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless LANDED and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “LANDED Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services; or (f) an engagement or employment of a candidate, including but not limited to any liabilities arising from a determination by a court, arbitrator, government agency or other body that a candidate was misclassified, any claim that LANDED was a joint employer of candidate, any claim relating to any alleged breach of agreement, action, inaction, or omission by Landed related to the engagement or employment of a candidate, or any claims under any employment-related laws, regulations, and/or agreements, including but not limited to laws relating to termination of employment, employment discrimination, harassment, retaliation, overtime pay, sick leave, holiday or vacation pay, minimum wages, payroll taxes, social security or unemployment taxes, disability insurance, retirement benefits, worker‘s compensation benefits, unemployment benefits, or any other employee benefits required by law. You agree to promptly notify LANDED Parties of any third-party Claims, cooperate with LANDED Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the LANDED Parties will have control of the defense or settlement, at LANDED's sole option, of any third-party Claims. The foregoing indemnity and defense obligations are in addition to, and not in lieu of, any other indemnities and/or defense obligations set forth in a written agreement between you and LANDED or the other LANDED Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, LANDED does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While LANDED attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Employers and Job Seekers are responsible for any contracts or agreements they may form directly with each other, or any other interactions between them as users of the Services. LANDED expressly disclaims liability for your interactions with other users or for any user’s action or inaction. The terms of such employment engagement or contractor engagement, as applicable, will not conflict with these Terms and will not expand LANDED’s obligations or restrict LANDED’s rights hereunder. LANDED is not and shall not be made a party to any employment engagement or contractor engagement with you with respect to your use of the Services or access to any content provided through the Services. Job Seeker and Employer expressly agree that LANDED is not and shall not be deemed a joint employer with respect to Job Seeker for any reason. Employer and Job Seeker expressly assume their respective liability for proper classification of Job Seeker as independent contractors or employees based on applicable legal guidelines.
To the fullest extent permitted by applicable law, neither LANDED nor any of the other LANDED Parties will be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if LANDED or the other LANDED Parties have been advised of the possibility of such damages.
The total liability of LANDED and the other LANDED Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of US$500.00 or the amount paid by you to use our Services, if any.
The limitations set forth in this Section C.11 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of LANDED or the other LANDED Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release LANDED and the other LANDED Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with LANDED and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and LANDED agree that any dispute arising out of or related to these Terms or our Services is personal to you and LANDED and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or LANDED seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or LANDED seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and LANDED waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against LANDED or relating in any way to the Services, you agree to first contact LANDED and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to LANDED by email at support@gotlanded.com or by certified mail addressed to LANDED Support, 2261 Market St #4447, San Francisco, CA 94114. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and LANDED cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York or may be conducted telephonically or via video conference for disputes alleging damages less than US$500.00, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and LANDED agree that these Terms affect interstate commerce and that the enforceability of this Section C.14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, LANDED, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and LANDED agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and LANDED will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, LANDED will pay all JAMS fees and costs. You and LANDED agree that the state or federal courts of the State of New York and the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, such claim is and shall be permanently barred, which means that neither you nor LANDED will have the right to assert such claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section C.14 by emailing us at support@gotlanded.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section C.15.
If any portion of this Section C.14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section C.14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section C.14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section C.14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section C.14 will be enforceable.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of laws rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in the Southern District of New York.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
The failure of LANDED to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
