Last Updated: October 24, 2024
By accessing or using the website located at https://exzev.com (the "Service"), owned and operated by NearCoast OÜ (Reg. No.: 14837948, VAT ID: EE102218512, registered at Sepapaja tn 6, 15551 Tallinn, Harju maakond, Estonia), operating under the brand name Exzev ("Exzev", "we", "us", or "our"), you ("User", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.
NOTICE OF ARBITRATION: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US.
Exzev acts solely as a venue and aggregator to connect companies ("Employers") with engineering professionals ("Candidates").
You represent and warrant that:
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THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE BACKGROUND CHECKS, VETTING PROCESSES, OR SKILLS ASSESSMENTS CONDUCTED BY EXZEV ARE INFALLIBLE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXZEV, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL EXZEV'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO EXZEV IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Exzev from any claims, losses, liability, damages, and/or costs (including attorney fees) arising from your use of the Service, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.