PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY SERVICE RELATED TO THIS WEBSITE
These Terms may have been amended since the last time you visited.
Effective: March 7, 2021
These Terms of Website Use (“ToU”) govern your access to or use of the Services (defined below) provided by DevMynd Software Inc. dba Made in Tandem, or any parent, subsidiary or affiliate thereof (collectively, “Tandem”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TANDEM.
Tandem owns and operates the www.madeintandem.com and devmynd.com websites, and related websites, mobile sites, and applications (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these ToU. If you do not agree to these ToU, you may not access or use the services available on or through the Services.
Tandem may amend these ToU from time to time, and any amendment will be effective upon Tandem’s posting the updated ToU at this location. By continuing to access or use of the Services after such posting, you agree to be bound by these ToU as amended.
Tandem reserves the right, in its sole and absolute discretion, to (a) modify, suspend, or discontinue all or any portion of the Services, or anything offered on or through the Services, including but not limited to the features, look and feel, functional elements and related items or (b) terminate your access to the Services, each of the foregoing at any time and for any reason, with or without prior notice.
Access to the Services is limited to persons located in the United States and its territories and possessions.
Tandem’s collection and use of your personal information in connection with your use of the Services is described in Tandem’s privacy policy (“Privacy Policy”) located at www.madeintandem.com/privacy-policy/, which is hereby incorporated by reference into these ToU.
The Services and all rights therein, and all material on or available from the Services, including without limitation all data, text, photos, videos, graphics, logos, software, or other content (collectively, “Materials”) are and shall remain Tandem’s property, or the property of Tandem’s licensors. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, or modified. The Services and Materials are protected by copyright, trademark, trade dress, patent, trade secret, international treaties, or other proprietary rights and laws of the United States and other countries. Tandem enforces its intellectual property rights to the fullest extent of the law. No license of any rights is granted to you in or to the Services or Materials; or to use Tandem’s or its licensors’ company name, brands, logos, product and service names, trademarks, or services marks.
You may not:
- remove any copyright, trademark or other proprietary notices from any portion of the Services or Materials;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Materials;
- decompile, reverse engineer, or disassemble the Services or Materials, or otherwise reduce any executable code to a human-perceivable form for any purpose, including without limitation to build a product or service competitive with the Services;
- link to, mirror, or frame any portion of the Services or Materials;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Materials or unduly burdening or hindering the operation or functionality of any aspect of the Services or Materials, or performing any of the same manually, other than for bona fide search engine operation for the purpose of linking search engine users to the Services;
- attempt to gain unauthorized access to or impair any aspect of the Services or Materials or related systems or networks; or
- combine the Services or Materials with any other data or information for the purpose, or with the result, of determining the identity or other personal information of any person who provided information or data which was then anonymized, or otherwise violating the letter or spirit of these ToU.
You agree to comply with all applicable laws when accessing or using the Services. In your access or use of the Services, you may not cause nuisance, annoyance, inconvenience, or property damage to any other party. Without limitation to the foregoing, you agree:
- to comply with applicable laws regarding online conduct and submission of user content;
- not to access or use the Services, or submit content, without the consent of your parent or legal guardian if you are less than 18 years old;
- not to access the Services using a third-party’s account or registration;
- not to attempt, through any means, to gain unauthorized access to any part of the Services or any system or network connected thereto;
- not to attempt to impersonate another user or person;
- not to advertise, or solicit, any user to buy or sell any products or services;
- not to use the Services in any manner that could damage, disable, overburden, or impair any Tandem server, or any networks or systems connected thereto;
- not to interfere with any other party’s use and enjoyment of the Services;
- not to use the Services to engage in commercial activities;
- not to use the Services to compete with Tandem or the Services;
- not to license, sell, resell, or otherwise provide access to or use of the Services to any third party;
- not to harass, annoy, intimidate or threaten any Tandem employees or agents;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not to disrupt, interfere with, or otherwise harm or violate the security of the Services, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites; and
- not to use the Services for any illegal purposes.
You hereby indemnify and hold harmless Tandem from and against any and all claims, allegations, demands, suits, and proceedings (collectively, “Claims”), and from and against any liability, judgments, awards, damages, settlements, fees and costs (including attorney’s fees) (collectively, “Damages”) incurred in connection with any such Claims, brought or asserted by any third party relating to or arising out of your violation of this Section 3. Additionally, you agree that violations of this Section 3 may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Tandem will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages or to post bond.
You agree that Tandem may communicate with you about jobs you apply for by sending you by an email message to the email address you provide in connection with your job application. You hereby consent to receiving any such communications we may send you.
You also agree that Tandem may communicate with you about jobs you apply for by sending you a text (SMS) or multimedia (MMS) message at the phone number you provide in connection with your job application. You hereby consent to receiving such communications for our internal administrative and operational purposes. You may opt out of receiving SMS or MMS messages from Tandem at any time, either by replying to a text message sent by Tandem with the word “STOP” using the mobile device that is receiving the messages, or by contacting privacy@madeintandem.com. If you do not choose to opt out, Tandem may contact you in accordance with the Privacy Policy.
The Services may be made available to you, or accessed by you, using third party devices, such as mobile devices and applications, and other third-party services and content that Tandem does not control. The Services may also include links to third-party websites or other content. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Tandem does not endorse such third-party services and content, and in no event shall Tandem be responsible or liable for any products or services of such third-party providers.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device or if you sign up to receive messages or reminders via mobile messaging services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Tandem does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
We use a third party job application service provider, Greenhouse Software, Inc., for collecting and managing job applications. Nothing in these ToU, or your use of the Services, constitutes an agreement of employment with you. By using the Services to submit a job application, you represent and warrant that you are 18 years of age or older. The Company may process, or refuse to process, your application for any or no reason in its sole discretion.
THE SERVICES, AND ALL SOFTWARE AND DATA, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TANDEM AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TOU, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, TANDEM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU.
IN NO EVENT SHALL TANDEM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY ADVANTAGE) ARISING OUT OF THE SERVICES, THESE TOU, OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF TANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF RECOVERY. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF YOUR DATA. TANDEM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR ANY DATA OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY INACCURACY IN ANY DATA OR INFORMATION AVAILABLE THROUGH THE SERVICES; OR (C) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY, OR BETWEEN YOU AND ANY THIRD PARTY YOU CONTACT AS A RESULT OF YOUR USE OF THE SERVICES, EVEN IF TANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOUR SOLE REMEDY IN RESPECT OF THE SERVICES, ANY APPLICATION OR SOFTWARE PROVIDED BY TANDEM, ANY MATERIALS, THESE TOU, OR THE PRIVACY POLICY, REGARDLESS OF ANY THEORY OF RECOVERY, SHALL BE TO CEASE YOUR USE THEREOF.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TANDEM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE LOWEST LIMITATION OF LIABILITY ALLOWED BY LAW, OR, IN THE EVENT SUCH AMOUNT IS NOT PRESCRIBED BY LAW, ONE HUNDRED DOLLARS ($100).
These ToU, and any matters relating hereto shall be governed, construed, and interpreted in accordance with the laws of the State of Illinois without regard to the conflicts of laws provisions thereof. Any legal suit, action or proceeding arising out of or related to these ToU shall be instituted exclusively in the federal courts of the United States or the courts of Illinois, in each case located in Chicago, Illinois, and each party irrevocably submits to the consent to the exclusive jurisdiction of such courts, agrees to accept service of process by mail, and waives any jurisdictional or venue defenses otherwise available; provided that actions for equitable relief, specific performance, or the like may be brought where necessary for enforcement. If any action at law or in equity is necessary to enforce or interpret the rights arising out of or relating to these ToU, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled.
You may not assign these ToU. Any purported assignment in violation of the foregoing shall be void. Tandem may assign these ToU, including any portion of or all of the rights set forth herein, without your consent. No joint venture, partnership, employment, or agency relationship exists between you, Tandem or any third-party as a result of these ToU, or use of the Services. If any provision of these ToU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Tandem’s failure to enforce any right or provision in these ToU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tandem in writing. As used herein (i) the singular includes the plural and vice versa; (ii) the masculine gender includes the feminine gender and vice versa; (iii) the neuter gender includes male and female, a corporation or other entity, or a trust, all as the context and meaning of these ToU may require; (iv) “includes” means “includes without limitation”; (v) “or” shall not be interpreted as exclusive, it shall be interpreted as meaning “and/or”, not “either… or”; and (vi) “days” means “calendar days”.