Welcome to the Infojini Inc. (“Infojini” or the “Company”) Terms of Use. These Terms of Use (“Terms”) govern your access to and use of Infojini’s website (https://staging.infojiniconsulting.com) and any related online services or content (collectively, the “Site”), as well as any services provided by Infojini. Please read these Terms carefully. By accessing or using the Site or Infojini’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must refrain from using the Site or Infojini’s services.
1. Definitions
For clarity, in these Terms the following definitions apply:
- “Infojini,” “Company,” “we,” “us,” or “our” – refers to Infojini, Inc., a U.S.-based company headquartered in Columbia, Maryland, USA.
- “Site” refers to Infojini’s website (https://staging.infojiniconsulting.com) and any Infojini-affiliated webpages, applications, or online services that link to these Terms.
- “Services” – refers to the dual lines of business offered by Infojini, namely: IT consulting services (e.g. software development, cloud solutions, cybersecurity, managed IT services, digital transformation, and related technology solutions) and staffing services (e.g. providing temporary staffing, contract-to-hire, and direct hire placement for IT and non-IT roles across various industries). These Services are described in more detail on our Site for informational purposes.
- “User” or “you” – refers to any person or entity accessing the Site or using the Services. This includes, as applicable, Clients (business entities or their representatives that engage Infojini for consulting or staffing solutions), Job Candidates (individuals seeking employment or contract opportunities through Infojini), and general website visitors.
- “Client” – a User who is an existing or prospective business client of Infojini, such as an organization seeking to hire personnel or obtain IT consulting services from Infojini.
- “Candidate” – a User who is an individual using Infojini’s Site or services to seek employment, whether as a temporary/contract worker or direct hire, through Infojini’s staffing services or who is interested in job opportunities facilitated by Infojini.
Any other capitalized terms not defined here have the meanings given to them in the context of these Terms.4
2. Acceptance of Terms
Eligibility: You must be able to form a legally binding contract to use the Site and Services. By using the Site, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and otherwise have the legal capacity to agree to these Terms. If you are using the Site on behalf of a company or other entity (e.g. as a client representative), you represent that you have authority to bind that entity to these Terms.
Acceptance: By accessing or using the Site or Services, you indicate your acceptance of these Terms in full. If you do not agree with any provision of these Terms, you must not use or continue to use the Site or Services. Use of the Site signifies your continuing agreement to these Terms and any updates we make to them.
Changes to Terms: Infojini may modify or update these Terms from time to time. We reserve the right to amend the Terms to incorporate additional terms for new features or services or for other lawful reasons. When we make changes, we will update the “Last Updated” date at the top of this document. We may also notify you of material changes by posting a notice on our Site or via other communications. All changes are effective when posted unless otherwise stated. Your continued use of the Site or Services after updated Terms are posted constitutes your acceptance of those changes. We encourage you to review these Terms periodically. If you do not agree to a change, you should stop using the Site and Services.
Additional Terms: In some cases, particular Services (for example, specific consulting projects or staffing engagements) may be subject to separate written agreements (such as a Master Services Agreement, Statement of Work, or staffing contract) between you and Infojini. Any such separate agreement will supplement or override these Terms to the extent of any conflict, for that specific Service. These Terms apply to your use of the Site and any Services in the absence of more specific agreements. (For clarity, these Terms do not supersede any other binding contract you have with Infojini; they operate in addition to other agreements.)
3. Description of Services
Infojini is a dual-service company offering both technology consulting and staffing solutions. We provide a broad range of IT consulting and development services – including but not limited to custom software development, mobile and web application development, cloud computing solutions, data engineering and analytics, cybersecurity services, and digital transformation consulting – to help clients leverage technology effectively. We also offer workforce and staffing services, connecting qualified professionals to client organizations for temporary assignments, contract-to-hire roles, and direct hire placements across various sectors (for example, Infojini provides IT talent as well as recruits for healthcare, finance, manufacturing, and other industries as needed). Our “omnichannel recruiting” capabilities mean we utilize various channels and innovative methods to source and place talent for businesses of all sizes.
While our Site provides information about these Services, including descriptions of our expertise and industry focus, any specific consulting engagement or staffing placement will be governed by a separate agreement outlining the terms of that service relationship. The content on our Site is for general informational purposes. Infojini reserves the right to modify or discontinue any aspect of the Services described on the Site without prior notice, but any ongoing engagements will continue pursuant to their specific contract terms.
4. User Obligations and Conduct
All Users of our Site and Services are expected to use them responsibly, lawfully, and in good faith. By using the Site or Services, you agree to the following obligations based on your role:
4.1 Obligations of Clients (Employers/Business Users)
If you are a Client or prospective client:
- Provide Accurate Information: You agree to provide truthful, accurate, and complete information about your company and job opportunities when using our Services. You shall not misrepresent your identity, authority, or any job descriptions or requirements.
- Legitimate Use of Candidate Data: If you receive any personal information, résumés, or candidate data from Infojini as part of our staffing Services, you agree to use that information solely for the purpose of evaluating the candidate for potential employment or engagement with your organization. You will treat such candidate information as confidential and in accordance with applicable privacy laws and Infojini’s Privacy Policy (referenced in Section 6 below). You shall not disclose candidate information to unauthorized parties or use it for any purpose outside of prospective employment without Infojini’s consent.
- No Discriminatory Practices: You must comply with all applicable employment laws, regulations, and guidelines, including anti-discrimination and equal opportunity laws, when using Infojini’s Services. This means any job postings or criteria you provide to Infojini must not violate laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, veteran status, or any other protected category. Infojini is committed to EEO principles, and by using our staffing Services, you likewise agree to uphold fair hiring practices.
- Use Services for Intended Purpose: You agree not to use Infojini’s Services to obtain information about candidates or consultants for purposes unrelated to bona fide staffing or consulting needs. For example, as a Client, you will not solicit Infojini candidates or contractors for jobs in order to circumvent Infojini’s services or fees, and you will not use any information gained from our Services to compete unfairly with Infojini.
- Separate Agreements: If you enter into a separate agreement with Infojini (such as a staffing contract or consulting services agreement), you agree to fulfill your obligations under that agreement in addition to abiding by these general Terms. Any confidential information or intellectual property shared with you as part of Services must be handled according to that agreement and relevant law.
4.2 Obligations of Job Candidates
If you are a Job Candidate or individual User seeking employment through Infojini:
- Honest Candidacy: You agree to use the Site and Services only for lawful job-seeking purposes for yourself. You will submit only truthful, accurate, and up-to-date personal information, résumés, application materials, and qualifications. Do not provide false information or represent yourself as someone else, and do not apply to positions on behalf of any person other than yourself. Misrepresenting your qualifications or identity is prohibited.
- Appropriate Use of Job Postings: You may use job postings or opportunities on our Site (or communicated to you by Infojini) only to seek employment for yourself. You must not use Infojini’s job listings or Services to collect information about employers or to solicit business from Infojini’s clients for a competitor.
- No Unlawful Content or Behavior: When communicating with Infojini or prospective employers through our Services, you agree not to post or transmit any content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable (such as hate speech or pornography), and not to engage in threatening or abusive behavior. You also agree not to upload or share any content (including résumés or attachments) that you do not have the right to use, or that violates any third party’s intellectual property or privacy rights.
- Personal Account Security: If you create an account on our Site (for example, to apply for jobs or receive updates), you are responsible for maintaining the confidentiality of your login credentials. Do not share your username or password with others. You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify Infojini immediately.
- Communication Etiquette: You agree to communicate with Infojini staff, recruiters, and client representatives in a professional and respectful manner. Do not send unsolicited or unrelated communications. Refrain from spamming Infojini or any listed contacts with irrelevant inquiries.
4.3 General Use of This Site – Prohibited Conduct (All Users)
The following obligations apply to all Users (Clients, Candidates, and visitors alike) in their use of our Site and any Infojini’s Site:
- Obey All Laws: You agree to comply with all applicable local, state, federal, and international laws and regulations in your use of the Site and Services. This includes (but is not limited to) employment laws as noted above, data protection and privacy laws, anti-spam laws, and U.S. export control laws. You may not use the Site or Services to conduct or further any unlawful activity.
- Respect Intellectual Property and Rights of Others: You must not post, upload, transmit, or store any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party. Likewise, do not violate anyone’s privacy or publicity rights. This means do not upload content containing personal data of others (such as other candidates or employees) without authorization, and do not misuse any information from the Site (for example, you may not harvest email addresses or contact information of other users or Infojini staff for unsolicited purposes).
- No Harmful or Objectionable Content: You must not introduce or share on the Site any content that is illegal, harmful, or objectionable. Examples of prohibited material include content that is defamatory, obscene, vulgar, violent, harassing, hateful or racially/ethnically offensive, or anything that advocates illegal activity. We also prohibit uploading viruses, malware, or any code that could disrupt or harm the Site or other Users’ systems.
- No Impersonation or Misrepresentation: Do not impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity. For example, Users may not pretend to be an Infojini employee, another candidate, or a representative of a client company when they are not.
- No Interference or Unauthorized Access: You shall not interfere with or disrupt the proper operation of the Site. Prohibited activities include: attempting to circumvent security measures or access any part of the Site or related systems that you are not authorized to access; attempting to probe or test the vulnerability of the Site or to breach security or authentication measures; and knowingly introducing any malicious software or doing anything that imposes an unreasonable load on our infrastructure. Any form of attack (e.g. hacking, DDOS, introducing viruses, or technical interference) is strictly forbidden.
- No Automated Scraping or Data Mining: You agree not to use any robot, spider, crawler, scraper, or other automated means to access the Site or extract data (including job listings or user information) without our express written permission. Similarly, you must not frame or mirror any part of the Site on another website.
- No Spam or Unsolicited Contact: You must not use the Site to send unauthorized advertisements, solicitations, or bulk communications. This includes refraining from sending unsolicited commercial emails or messages to Users (such as mass emails to Candidates or Clients you might find via our Site). If you obtain contact information through the Site, you may use it only for the purpose it was provided (e.g., a Candidate communicating about a job opportunity) and not for unrelated marketing.
- No Data Harvesting: Except as expressly permitted for Clients using candidate information for hiring (per Section 4.1) or Candidates using job info for personal job search, you must not print, copy, download, or otherwise use any personal information about other individuals from the Site. For instance, scraping candidate data, employer contact lists, or any user-submitted content from the Site is prohibited.
- Responsible for Your Content: If you post or upload any content to the Site (such as comments on our blog or any future interactive feature), you are solely responsible for that content. Ensure that anything you submit complies with these Terms and that you have all necessary rights to share it. You agree that you will not post any content that you do not have the right to make available under any law or under contractual/fiduciary relationships.
Infojini reserves the right to investigate and take appropriate legal action against anyone who, in Infojini’s sole discretion, violates these rules, including without limitation, suspending or terminating the account or access of such violators and reporting them to law enforcement authorities if the conduct is unlawful.
5. Intellectual Property Rights
5.1 Infojini’s Content and Ownership
All content and materials on the Site, including but not limited to text, descriptions, data, software, graphics, logos, images, designs, compilations (collection, arrangement, and assembly of content), audio/video clips, and any proprietary information (“Content”), are the property of Infojini or are used under license by Infojini. This Content is protected by U.S. and international copyright, trademark, and other intellectual property laws. Infojini retains all rights, title, and interest in and to its Content, Services, and all related intellectual property.
Permitted Use: Infojini grants you a limited, revocable, non-exclusive license to access and use the Site and its Content for your own personal or internal business use in connection with the Services, and only as expressly permitted by these Terms*. For example, as a Candidate you may view and download job postings for personal job search purposes, and as a Client, you may view service descriptions or candidate profiles provided to you for recruiting purposes. Any copying, distribution, or derivative use of the Site or Content for any commercial purpose (other than for using Infojini’s Services as intended) is strictly prohibited without Infojini’s prior written consent. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by these Terms or by law.
Trademarks: All trademarks, service marks, logos, and trade names displayed on the Site are proprietary to Infojini or to other respective owners. Infojini’s name, logos, and taglines are protected as trademarks in the United States and other jurisdictions. You are not granted any right or license to use any Infojini trademarks by these Terms. Specifically, you may not use Infojini’s marks in any manner that is likely to cause confusion among customers or the public, or that in any way disparages or discredits Infojini. All other trademarks appearing on the Site are the property of their respective owners and are used for reference purposes only.
No Implied Rights: Except for the limited use rights expressly granted in this section, no other rights or licenses to the Content or any of Infojini’s intellectual property are granted or implied. Infojini reserves all rights not expressly granted in these Terms.
5.2 User-Generated Content and Submissions
Infojini may, now or in the future, offer interactive features (such as blogs, forums, or the ability to submit résumés or other materials through the Site). If you submit, upload, or post any content to the Site or otherwise to Infojini (“User Content”), you grant Infojini a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display that User Content (in whole or in part) for the purpose of providing and promoting our Services. For example, if you post a comment or testimonial on our blog, we may display it on our Site; if you submit your résumé or application through the Site, we will use it for recruiting and placement activities. Infojini will handle personal data in User Content in accordance with our Privacy Policy (see Section 6), but subject to that, you agree that we may treat any User Content as non-confidential and non-proprietary once you make it public or submit it through public areas of the Site.
You represent and warrant that you have all necessary rights in any User Content you provide so that Infojini’s use of such content as permitted by these Terms will not infringe or violate any third-party rights. You are solely responsible for any User Content that you provide; Infojini is not responsible for its accuracy, completeness, or legality. We do not assume any liability for any User Content posted by you or any other User, and your use or reliance on any content posted by others is at your own risk.
Infojini is not obligated to pre-screen or monitor User Content. However, we reserve the right (but do not assume the obligation) to review, monitor, and/or remove any User Content at our sole discretion, for any reason, including if we believe it violates these Terms or is otherwise objectionable. We may also terminate or suspend Users who violate the rules regarding User Content (see Section 4.3, General Conduct) or for any breach of these Terms.
If you submit any feedback, suggestions, or ideas to Infojini about our Services or Site (“Feedback”), you agree that such Feedback is not confidential and that Infojini can use it freely and incorporate it into our products or services without compensation or obligation to you.
6. Privacy Policy and Data Protection
Your use of the Site and Services is also governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. Infojini’s Privacy Policy describes how we collect, use, store, and disclose personal information, and it can be found on our Site (typically at the link https://staging.infojiniconsulting.com/compliance/privacy-policy/). By using the Site or Services, you acknowledge that you have read and understand the Privacy Policy, and you consent to Infojini’s collection and use of your information in accordance with the Privacy Policy.
Infojini is a U.S.-based company and handles personal data in compliance with applicable U.S. federal and state laws. We strive to follow industry’s best practices for data privacy and security, and to the extent applicable, we adhere to principles consistent with laws such as the California Consumer Privacy Act (CCPA) and other data protection regulations. For example, if you are a California resident or if Infojini handles your personal information in a manner covered by CCPA, you may have certain rights detailed in our Privacy Policy. While Infojini primarily serves U.S. users and does not specifically target individuals outside the U.S., if you access our Site from outside the United States, please note that personal data you provide will be processed and stored in the U.S. in accordance with our Privacy Policy and U.S. privacy standards.
If you have questions about our privacy practices, please review the Privacy Policy or contact us as described in Section 14. Depending on applicable law, Users may have certain rights with respect to their personal information, including the right to request access, correction, deletion, restriction of processing, or to object or opt out of certain processing activities. Such rights, where available, are described in more detail in Infojini’s Privacy Policy and may be exercised in accordance with the procedures set forth therein. Infojini will respond to valid requests in accordance with applicable law and contractual obligations.
Users are responsible for ensuring that any information, including personal information, provided to Infojini through the Site or Services is accurate, complete, and kept up to date. Infojini relies on information provided by Users for recruitment, staffing, consulting, and compliance purposes and shall not be responsible for inaccuracies resulting from information that is outdated, incomplete, or incorrect.
The Site may receive browser-based “Do Not Track” or similar signals. Infojini’s response to such signals, if any, is described in the Privacy Policy.
7. Disclaimers of Warranties
INFOJINI PROVIDES THE SITE, ITS CONTENT, AND ALL SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. To the maximum extent permitted under applicable law, Infojini (including its affiliates, and their officers, directors, employees, and agents) disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. Infojini does not guarantee that the Site or Services will meet your requirements or expectations, or that the operation of the Site will be uninterrupted, timely, secure, or error-free.
Infojini makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Site’s content (including any job listings, service descriptions, or data). We do not guarantee any specific results from use of the Services. For example, Infojini does not promise that any Client will find a suitable candidate, or that any Candidate will obtain employment through our Services. Any statements or guidance provided by Infojini or its employees (such as consulting advice or recruiting guidance) are for informational purposes only and do not create any warranty.
Infojini does not warrant that the Site will be free of viruses or other harmful components. You are responsible for implementing safeguards to protect your systems and data, and for any content or data loss that may result from downloading or using material obtained through our Site. No advice or information, whether oral or written, obtained by you from Infojini or through the Site shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such case, any implied warranties are limited to the minimum scope and duration permitted by applicable law.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INFOJINI (OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER arising out of or related to your use of (or inability to use) the Site or Services, even if we have been advised of the possibility of such damages. This exclusion includes, without limitation, damages for lost profits or revenues, loss of data, loss of business opportunities, goodwill, or other intangible losses, cost of substitute services, or procurement of substitute goods or services, arising from: (i) your use of or reliance on the Site or any Content; (ii) any failure or interruption of the Site or Services, including any security breach or any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, or network failure; (iii) Infojini’s performance or non-performance of its obligations in connection with these Terms; or (iv) any other matter relating to the Site or Services.
**Infojini’s total cumulative liability to you for all claims arising out of or relating to these Terms or your use of the Site or Services, regardless of the form of action (whether in contract, tort, statute or otherwise), shall not exceed the greater of U.S. $100 or the amount (if any) you paid to Infojini for the specific Service in question in the past six months. (For most Users, this means Infojini’s liability is limited to $100, since use of the Site is generally free of charge.)
The limitations above are fundamental elements of the basis of the bargain between Infojini and you. You acknowledge that absent such limitations, the terms of use and fees for Infojini’s services (if any) would be different. Because some states or jurisdictions do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you. In that event, if any liability is imposed on Infojini, our aggregate liability to you shall be limited to the lowest amount permitted by law.
You also recognize that Infojini is not liable for the actions or omissions of third parties, such as other Users (Clients, Candidates) or external service providers. Infojini merely facilitates connections and information; the decisions made by Clients to hire or not hire a Candidate (and vice versa) are outside Infojini’s control. Infojini shall not be responsible for any employment decisions made by any third-party posting jobs or profiles on our Site, nor for the accuracy of any third-party content such as job descriptions or résumés not authored by Infojini.
9. Indemnification
You agree to indemnify, defend, and hold harmless Infojini and its subsidiaries, affiliates, and their respective officers, directors, employees, agents, partners and licensors (“Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages, costs, or expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to: (a) your use or misuse of the Site or Services; (b) your violation of these Terms; (c) your violation of any law or regulation or the rights of any third party in connection with your use of the Site/Services; or (d) any content or information that you submit, post, or transmit through the Site (including User Content, as defined above).
For example, if you are a Client and you post or communicate a job requirement that results in a legal claim (such as a discrimination claim), or if you are a Candidate who provides inaccurate information that causes losses, you agree to cover any costs or damages incurred by Infojini (or other Indemnified Parties) as a result. Infojini reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate with our defense of that claim. You agree not to settle any such matter without Infojini’s prior written consent. We will use reasonable efforts to notify you of any claim requiring indemnification as soon as we become aware of it.
This indemnity obligation shall survive any termination of your use of the Site or Services or expiration of these Terms
10. Third-Party Websites and Links
The Site may contain links to third-party websites or services that are not owned or controlled by Infojini. These may include links to client websites, external job postings, partner resources, or articles of interest. Such links are provided solely as a convenience to you and do not imply any endorsement, sponsorship, or recommendation by Infojini of the third-party content or the company itself.
When you click on a third-party link, you will leave our Site and be directed to an external site that is beyond our control. Infojini has no control over, and assumes no responsibility for, the content, privacy policies, security, or practices of any third-party websites. You acknowledge and agree that Infojini shall not be liable for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party sites.
We encourage you to review the terms and conditions and privacy policies of any third-party websites that you visit. If we request it, you agree to immediately remove any link to our Site that you have posted or shared, if we determine it’s being used inappropriately. Your interactions with third-party sites are solely between you and the third party.
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.
By agreeing to these Terms, you and Infojini both agree to resolve any disputes through binding arbitration on an individual basis, rather than in court, to the fullest extent permitted by law.
- Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (including the breach, termination, enforcement, interpretation, or validity thereof) shall be resolved by final and binding arbitration rather than a court, except for the specific exceptions noted below. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules (as applicable) in effect at the time the arbitration is initiated, except as modified by these Terms. If for any reason AAA is not available, the parties shall agree on an alternative reputable arbitration provider or approach the court to appoint an arbitrator pursuant to 9 U.S.C. §5.
- Arbitration Procedure: To begin an arbitration proceeding, the claimant must provide the other party with a written Demand for Arbitration as specified in the AAA rules. The arbitration will be conducted by a single neutral arbitrator. The seat or location of arbitration shall be [Columbia, Maryland, USA], or another location in Maryland mutually agreed by the parties (or, if the parties agree, the arbitration may be conducted via telephone or video conference for convenience). The arbitration shall be conducted in English. Each party will have the opportunity to present evidence and arguments to the arbitrator. The arbitrator will issue a reasoned written decision explaining the findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- Individual Capacity Only – No Class Actions: You and Infojini agree that all disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding, nor to make an award to any person or entity, not a party to the arbitration. You hereby waive any right to a jury trial and any right to participate in a class action against Infojini.
- Exceptions: Notwithstanding the above, either party may choose to pursue resolution in a court of law (rather than arbitration) for the following matters: (i) claims that qualify for resolution in small claims court (if within that court’s jurisdictional limit); and (ii) claims seeking temporary or preliminary injunctive relief or other equitable relief to protect intellectual property or confidential information (for example, enforcement of intellectual property rights, or to prevent unauthorized use or access to the Site), pending final decision by the arbitrator. Filing a request for such injunctive relief shall not waive the right to arbitrate remaining claims or remedies.
- Arbitration Costs and Attorneys’ Fees: The payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will bear its own attorneys’ fees and costs in arbitration unless the arbitrator decides otherwise or unless applicable law provides the award of attorneys’ fees to the prevailing party.
- Governing Law for Arbitration: The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) will govern the interpretation and enforcement of this arbitration agreement. This Section 11 shall survive termination of these Terms.
- Severability of Arbitration Provisions: If any portion of this arbitration agreement is found unenforceable or unlawful for any reason, the unenforceable provision shall be severed, and the remaining provisions of this arbitration section shall continue in full force and effect. However, if the class action waiver in this Section is deemed invalid or unenforceable in a particular case, then the entirety of this arbitration agreement shall be null and void for that specific case (but shall remain in effect for other cases). If the arbitration agreement is found inapplicable or unenforceable, or if you opt-out as described below, then the exclusive jurisdiction for all such claims will be the courts described in Section 12 (Governing Law & Jurisdiction).
- Opt-Out Right: You have the right to opt out of this arbitration agreement by sending Infojini a written notice of your decision to opt out within 30 days of your first use of the Site or Services. Such notice must include your name, address, and a clear statement that you do not wish to resolve disputes with Infojini through arbitration. The notice must be sent to Infojini at the contact address provided in Section 14. If you opt out, or any dispute that we determine is not subject to arbitration, you agree that the exclusive jurisdiction and venue described in Section 12 shall govern.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THE ABOVE ARBITRATION PROVISION AND CLASS ACTION WAIVER. You are giving up the right to sue in court and have a trial before a judge or jury, and you are giving up the right to participate in any class action or representative proceeding.
12. Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to these Terms, the Site, or the Services (including any tort or statutory claims) shall be governed by the laws of the State of Maryland, USA, except to the extent preempted by U.S. federal law, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms and is hereby disclaimed.
Subject to the arbitration provisions in Section 11, you agree that any non-arbitrable disputes (e.g. if a court determines that the arbitration clause is not enforceable or if you have opted out of arbitration, or if seeking injunctive relief as permitted) shall be brought exclusively in the state or federal courts located in the State of Maryland, USA. You consent to the personal and subject matter jurisdiction of such courts and waive any objections to venue on grounds of inconvenient forum or any similar doctrine.
Although the Site may be accessible from other jurisdictions, and Infojini may recruit or provide services in various states or countries, Infojini makes no representation that the Site or Services are appropriate or available for use in locations outside the United States. Those who access the Site from outside the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export any Content or Services in violation of U.S. export laws and regulations.
13. Termination
These Terms are effective unless and until terminated by either you or Infojini.
Termination by Infojini: We reserve the right, in our sole discretion, to suspend or terminate your access to the Site or Services, or to deactivate your account, at any time for any lawful reason, including if we believe that you have violated these Terms or have engaged in conduct that is unlawful or harmful to Infojini or any third party. We may do so without prior notice to you. In addition, Infojini may discontinue the Site or any portion of the Services at any time (subject to honoring its obligations under any ongoing separate contracts). Infojini shall not be liable to you or any other party for any termination of your access to the Site or Services under these Terms.
Termination by You: You may terminate your use of the Site and, if applicable, close your account at any time by discontinuing access and (if an account exists) notifying Infojini. If you are a Client with a separate services agreement, you should refer to that agreement for any termination provisions regarding the Services themselves.
Upon termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately; (b) you must cease all use of the Site and Services, and destroy any copies of Content in your possession that were obtained under these Terms (except for content that you have a continuing right to use under a separate license or agreement); and (c) any provisions of these Terms which by their nature should survive termination (including but not limited to provisions on intellectual property, warranty disclaimers, limitation of liability, dispute resolution, and general provisions) shall survive.
Termination of your access or account under these Terms does not terminate any separate agreements you have entered into with Infojini (for example, if you are a consultant under contract or a client under a service agreement, those contracts will be handled in accordance with their terms).
14. Changes to the Terms
Infojini may revise or update these Terms of Use from time to time in its discretion. When we make changes, we will update the “Last Updated” date at the top of the Terms, and we may notify you by posting a prominent notice on the Site or via email. It is your responsibility to review the Terms periodically for any updates or changes. Your continued use of the Site or Services following the posting of revised Terms signifies your acceptance of the updated Terms.
If you do not agree to the revised Terms, you should stop using the Site and Services and, if applicable, contact Infojini to deactivate any account you have. We encourage Users to print or save a copy of these Terms for their records and to check this page whenever you use the Site to ensure you are informed of the current Terms that apply.
15. General Provisions
15.1 Entire Agreement
These Terms of Use (together with the incorporated Privacy Policy and any other legal notices or additional terms expressly incorporated herein) constitute the entire agreement between you and Infojini regarding your use of the Site and Services, and supersede any prior or contemporaneous agreements, understandings, or representations relating to such use (whether oral or written), except that in the event you and Infojini have executed a separate written agreement governing specific Services, that agreement will control in the event of a conflict with these Terms for the Services it covers.
15.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalid provision will be deemed modified in a manner that both parties agree closely reflects the original intent of the provision to the extent allowable by law.
15.3 No Waiver
Infojini’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that or any other provision. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term. To be effective, any waiver of any provision of these Terms must be made by Infojini in a signed writing.
15.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Infojini’s prior written consent. Any attempt by you to assign these Terms without consent will be null and void. Infojini may assign or transfer these Terms (in whole or in part), and/or delegate its obligations, to any third party at its discretion. For example, Infojini may assign these Terms to an affiliate or successor in interest (such as a company that acquires Infojini or a business unit of Infojini) without your consent. These Terms shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.
15.5 No Agency or Partnership
You and Infojini are independent contracting parties. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Infojini. You do not have any authority to bind Infojini in any respect, and no part of the Services or Site usage shall be construed as making you an agent or representative of Infojini. For example, if you are a Candidate, you are not an employee of Infojini just by virtue of using our Site (any employment would require a separate formal arrangement); if you are a Client, using our Services does not make us partners or joint venturers – our relationship is that of service provider and customer as set out in these Terms and any separate agreement.
15.6 No Third-Party Beneficiaries
These Terms are for the benefit of you and Infojini (and your and Infojini’s permitted successors and assigns). Except as explicitly provided in these Terms, no third party shall have any rights to enforce any terms hereof. (For avoidance of doubt, affiliates of Infojini are not considered third parties for this purpose and may enjoy the protections of these Terms.)
15.7 Notices
Infojini may provide you with notices regarding the Site or these Terms by email, regular mail, or postings to the Site. For example, we may email the address associated with your account (if you have one) or post a notification on the Site for general notices. You agree that such notices satisfy any legal requirement that communications be in writing. If you need to give notice to Infojini, you must do so in writing via email to legal@infojiniconsulting.com or via certified mail to our corporate address provided in Section 14 (Contact Information). Notices will be deemed given (a) in the case of email, when receipt is confirmed by the receiving server, or (b) in the case of mail, upon receipt by us.
15.8 Headings and Interpretation
Section headings in these Terms are for convenience only and have no legal effect. Words like “including” shall be interpreted to mean “including without limitation.” These Terms will not be construed against the drafter (both parties having had the opportunity for review).
15.9 Compliance with Laws
You agree to comply with all laws, rules and regulations that apply to your use of the Site and Services. This includes U.S. export control and sanction laws – you cannot use the Site or Services to export or re-export any Content or technical information in violation of such laws. You also agree not to use the Site if you are on any U.S. government restricted party list.
15.10 Force Majeure
Infojini will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure results from events or circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, government orders, war, terrorism, labor disputes, power or Internet outages, or other force majeure events.
16. Contact Information
If you have any questions, concerns, or comments about these Terms of Use or the Site, you can contact Infojini at:
Infojini Inc.10015 Old Columbia Road, Suite B-215
Columbia, MD 21046, USA
Phone: 410-919-9440
Email: legal@infojiniconsulting.com
You may also reach out via the “Contact Us” form on our Site. We will do our best to respond to your inquiry in a timely manner.