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Hedgy Labs, Inc. Terms of Service (the “Terms”)

Last Updated: April 17, 2024

Please read these Terms to learn the rules and obligations governing your use of the Services. If you have any questions about these Terms or the Services please contact Hedgy at legal@hedgy.works.

About Hedgy & Terms

Hedgy Labs, Inc. (“Hedgy” “us” “we” or “our”), through its website located at hedgy.works (the “Site”), enables employers seeking to fill open job positions (“Employers” and such open positions, “Positions”) to share Positions with Hedgy. Users who are registered with Hedgy (“Candidates”) are able to nominate other individuals to join Hedgy. If a Candidate is accepted for a Position, Employers will pay a fee (a “Bonus”) to Hedgy in addition to any ongoing subscription fee to access Hedgy.

This document outlines the terms pursuant to which a Candidate (“you” or “your”) is permitted to use our Site, platform and services (all together the “Services”) to get connected with Positions.

1. Your Agreement to the Terms

By using our Services, you agree to be bound by the Terms as well as Hedgy’s Privacy Policy, available at https://www.hedgy.works/privacy-policy (the “Privacy Policy”). If you don’t agree to the Terms, you are not permitted to engage with a Position via the Services.

2. Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion, by posting the modified Terms on the Site. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Who May Use the Services

  1. Eligibility. You may be eligible for a Position only if you are 18 years or older, capable of forming a binding contract with Hedgy and are not barred from using the Services under applicable law or contractual agreement.
  2. Agreement with the Terms. Your right to apply for a Position via the Services is conditional upon your agreement to the Terms.

4. Understanding The Services

  1. Getting connected to a Position. You can get connected to a Position via the Services through replying to a unique Hedgy introduction request email or by responding via a similar unique introduction link (each, a “Link”). YOU HEREBY REPRESENT AND WARRANT THAT ALL INFORMATION YOU PROVIDE AS PART OF AN INTRODUCTION TO A POSITION IS AND WILL BE ACCURATE AND TRUTHFUL.
  2. How Your Introduction is Processed. Hedgy will track the status of your introduction as it relates to conversion to joining an Employer via its integration with the Employer’s ATS or through monitoring publicly available information (such as your LinkedIn profile).
  3. Payment of Bonus for Successful Introductions. Hedgy charges Employers a Bonus when a Candidate is successfully hired for a Position.
  4. Understanding Hedgy’s Role. Hedgy and the Services act only as an interface to facilitate – not to direct or control - communications and interactions among Employers and Candidates. Before applying to a Position posted on the Services, you are responsible for making your own determination that the Employer is suitable. Hedgy is not a party to any relationship or separate agreement entered into among Employers and Candidates, and Hedgy disclaims any and all liability relating to the above. Any successful hiring of a Candidate by an Employer involves a direct relationship between the Candidate and the Employer.

5. Personal Information & Privacy Policy

  1. Candidate Application Monitoring. Hedgy monitors the status of any Position published on the Services and all applications submitted via the Services by Candidates for Positions through its integration with each Employer’s ATS, or through publicly available information, including, among other things, for the purpose of determining whether a Candidate has been hired by an Employer and whether a Position has been filled.
  2. Personal Information. For information on how Hedgy collects, uses and discloses personal information, including personal information collected as part of your application to a Position, please see our Privacy Policy at https://www.Hedgy.com/privacy-policy.
  3. Consent. By applying to a Position via the Services, you consent to Hedgy accessing and making use of the data and information as set forth above and in the Privacy Policy, including submitting your personal information provided in an application to the applicable Employer.

6. Disputes Between You and Employers; Releasing Hedgy From Claims

Hedgy is not party to any agreement entered into between you and any Employer and is not involved in the hiring or onboarding process of any Candidate. In the event that you have a dispute with an Employer, you agree to address such dispute directly with the Employer in question and you release Hedgy (and its officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from, and agree not to sue any of the Releasees for, any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If such a dispute arises, Hedgy may, at its sole discretion, facilitate communication between you and the relevant Employer in connection with such dispute. If such a dispute is unable to be resolved between you and an Employer, Hedgy may, at its sole discretion, intervene in such dispute and take any actions Hedgy deems appropriate.

7. Intellectual Property Rights in the Services & Content

  1. Hedgy’s Intellectual Property Rights. Hedgy and its licensors exclusively own all right title and interest in and to the Services and Content (as defined below) including all intellectual property rights therein. Hedgy reserves all of its intellectual property rights in the Services and the Content. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Hedgy logos, trademarks and services marks are the trademarks and intellectual property of Hedgy. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
  2. Content. For purposes of these Terms “Content” means text, graphics, images, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
  3. Prohibitions. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, use, copy, reproduce, modify, translate, publish, broadcast, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose the Services or any Content except as explicitly permitted in these Terms.

8. Prohibited Uses of the Service

  1. You hereby represent and warrant that you will not use the Services in any way that:
    1. violates any law or regulation;
    2. violates any contractual obligation applicable to you;
    3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
    4. violates the security of any computer network or cracks any passwords or security encryption codes;
    5. runs any form of auto-responder or “spam” on the Services or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
    6. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
    7. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site or Services.

9. Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

10. Disclaimers

  1. General Disclaimer of Warranties. The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
  2. Hedgy Not Responsible for Candidates or Employers. Neither Hedgy nor its affiliates or licensors is responsible for the conduct of any Employer, or Candidate. Hedgy does not provide any warranties or guarantees regarding any Employer including with respect to the accuracy of any information provided by any Employer including with respect to any Position shared on the Services or with respect to any Employer’s competency or criteria for accepting or rejecting Candidate’s applications for Positions. You acknowledge and agree that Hedgy is not an employment, recruiting, or staffing agency, and we do not make any representations or warranties with respect to any Employers. In addition, we do not guarantee that by using the Services, you will successfully find employment. BY APPLYING FOR A POSITION VIA THE SERVICES, YOU HEREBY EXPRESSLY WAIVE AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS YOU HAVE OR MAY HAVE AGAINST Hedgy WITH RESPECT TO ANY EMPLOYER’S ASSESSMENT OF, OR DECISIONS REGARDING WHETHER TO ACCEPT OR REJECT ANY APPLICATION FOR POSITIONS YOU MAY SUBMIT VIA THE SERVICES.
  3. Take Precautions With Employers. Hedgy provides the Services as a medium for Candidates to connect with Employers. You agree to take reasonable precautions in all interactions with Employers. You are solely responsible for your interactions with Employers via the Services or otherwise. You understand that Hedgy is under no obligation to screen Employers. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using the Services and in any interactions with Employers. Your use of the Services is at your sole risk and discretion and Hedgy hereby disclaims any and all liability to you or any third party relating thereto.

11. Limitation of Liability

  1. Limitation of Types of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hedgy WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Hedgy HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  2. Limitation of Amount of Liability. WITHOUT DEROGATING FROM THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEDGY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED IN THE AGGREGATE ONE DOLLAR (USD 1).
  3. These Limitations of Liability are Fundamental. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN HEDGY AND YOU.

12. Indemnity

You hereby agree to indemnify and hold harmless the Releasees from and against, and covenant not to sue them for, any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your application for a Position via the Services; or (ii) your violation of these Terms including, but not limited to, your providing any inaccurate or false information as part of your application for a Position.

13. Copyright Notice

In accordance with the DMCA, we reserve the right to block access to or remove material that we believe to be copyrighted material that has been illegally copied and distributed on the Services. If you believe that any material on the Services infringes your copyright, please send a copyright infringement notice to legal@hedgy.works. We will follow applicable law, including the terms of the DMCA, in addressing any notice of copyright infringement on our Services.

14. Governing Law; Dispute Resolution; Class Action & Jury Waivers

  1. The laws of the State of New York govern these Terms and all matters arising from or relating hereto, without regard to conflict of law principles that would cause the application of the laws of any other jurisdiction. Any action arising from or relating to these Terms will be filed only in a federal or state court located in the State of New York, and the parties irrevocably consent and submit to the personal jurisdiction of such courts. Neither party will claim that an aforementioned court is an improper or inconvenient venue.
  2. ALL PARTIES WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.
  3. You further agree that any dispute between you and Hedgy will be filed on an individual basis and you hereby waive any right to participate in a class-action or collective action proceeding against Hedgy.

15. General Terms

  1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Hedgy and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise. Hedgy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  2. Notices. Any notices or other communications provided by Hedgy under these Terms will be given: (i) via email to the email address associated with your application for a Position; or (ii) by posting to the Services. Any notice to be given by you to Hedgy under these Terms shall be sent by email to legal@hedgy.works. Notice will be deemed to have been given on the date on which an email is transmitted or applicable posting is made to the Services.
  3. Waiver of Rights. A person’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the party. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

16. Feedback

If you have any feedback about the Services, please contact Hedgy at legal@hedgy.works. If you choose to provide us feedback, you agree that we are free to use such feedback without any restriction or compensation to you.