Last revised: 12 November, 2019
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
Certain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service ("Specific Terms of Service"). A Specific Terms of Service supplements this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
Types of Users:
The word "you" as used in this agreement will apply to visitors who browse Puffy websites and individuals who access and use the Services on their own behalf and/or on behalf of an entity.
· Users that use the Services to search for employees, view resumes, profiles, or curriculum vitae, and/or post and/or distribute job openings ("Job Advertisements"), on behalf of themselves and/or a third party are also referred to in this Agreement as, a "Client".
If you use Puffy on behalf of an employer, organization, agency, institution, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf
In addition to the rest of this Agreement, please review the terms of Section 9 carefully if you are using the Services as a Client.
· If you use the Services to register for job alerts by text and/or email or any other method made available to you, or to upload your resumé or CV, or to search for or apply to Job Advertisements, we refer to you as, a "Job Seeker".
In addition to the other provisions of this Agreement, please review the terms of Section 8 carefully if you are using the Services as a Job Seeker
You must be at least eighteen (15) years of age or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with Puffy. You may not use the Services if your use of the Services has been previously terminated or suspended by Puffy, unless we have provided you with specific written authorization to re-use the Services.
By providing Puffy your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you have consented to receive email job alerts, we will send you job alerts until you opt-out of such alerts.
If you do not want to receive such email messages, you may opt out or change your preferences in your Account page (for Clients) or by following the opt-out and/or unsubscribe instructions in the email message. You can also contact email@example.com. Note: Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By applying to a Job Advertisement on the Services, you give us permission to store your information on the Services and to share your information (including your resume), with the entity that posted the Job Advertisement.
By connecting to Puffy using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You acknowledge and agree that Puffy may use third party vendors and/or partners to provide the Services (or any portion of the Services) to you, and share personal information with such third parties as necessary in order to provide the Services to you.
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Clients.
C. User Accounts
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Services by changing the settings in your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. All Users must keep their account passwords secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify Puffy immediately of any breach of security or unauthorized use of your account. Puffy will not be liable for any losses caused by any unauthorized use of your account.
Users have no ownership rights in their accounts and in the event that your account is terminated by you or us, the contents of your account may not be available. Puffy reserves the right to delete a User Account in the event of any inactivity.
If you access the Services through a social networking site, you agree that Puffy can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account such that the same information is available in your Puffy account. You agree that we are not liable for any personal information that is made available to us in violation of your privacy settings with the applicable social networking site.
Puffy may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, if we believe that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
D. General Rules for Use of Services
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Puffy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Puffy grants the operators of public search engines revocable permission to use spiders to copy materials from puffy.co.za for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvi) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by Puffy.
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services. We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Puffy Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Puffy shall have no liability for your interactions with other Users, or for any User's action or inaction. Puffy shall have no obligation to you to enforce this Agreement against any other User.
If you have questions about the Services or your Account, please email us at firstname.lastname@example.org.
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, company information, a job seeker’s application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information ("User Content").
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
The following list is intended to be illustrative of the types of User Content that is prohibited, but is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from, anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false or misleading; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or submitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.
You agree that Puffy makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements and resumés. You further agree that Puffy acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that Puffy is not responsible and has no liability, for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although Puffy has no obligation to screen User Content, to the extent that Puffy becomes or is made aware of, User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with Puffy, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for Puffy or otherwise negatively impact Puffy, Puffy reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.
The decision by Puffy to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and accordingly, does not constitute a waiver of the immunity afforded by the CDA.
You understand and agree that Puffy does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release Puffy, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
Puffy reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of Puffy where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to Puffy, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Puffy websites, distributing such User Content through the Puffy distribution and publishing network and in job alerts to job seekers, and to promote Puffy and the Services. This license continues even if you stop using the Services.
If you are a Client, you acknowledge and agree that Puffy has no obligation, and may be unable, to remove your Job Advertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the Puffy distribution and publisher network, (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into fixed media displays of Puffy or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Puffy to identify you as a User of the Services in any promotional and marketing materials to promote Puffy and the Services. Further, to the extent you have given Puffy the right to access certain User Content that is present on another website or service you own or control, you give Puffy the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by Puffy of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
With the exception of content owned by, or licensed from, third parties, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, "Puffy Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Puffy. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Puffy Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide Puffy suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"), you agree that Puffy shall own such Feedback. Accordingly, you understand and accept that Puffy will be free to use, disclose, reproduce, license or otherwise distribute, commercialize and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
As a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs ("Job Applications"), (iii) receive job alert emails or text messages, where such features are available to you ("Job Alerts"), and (iv) include your resume and other applicable information in the Resume Database. For purposes of this Agreement, references to "resume" or "CV" shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
You agree that if you have a Puffy account or if you have provided your resume/CV to Puffy and/or if you have signed up for job alerts, we may use the information you provide to send you information about Job Advertisements that may be of interest to you and you also agree that we may provide your resume/CV (to the extent that you have not designated it as private), to an employer or recruiter who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to.
To the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume Database or because you have applied to a Job Advertisement on a Puffy website), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a non-exclusive, royalty-free, worldwide licence (and right to sub-license), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfil the services we provide to you.
A. Job Applications in General
You can choose how to submit your Job Application using the options offered through the Services. If you elect to apply through a third-party account such as Facebook or LinkedIn.com, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be provided to the entity that posted the applicable Job Advertisement. You can also submit a Job Application through your mobile device.
Once you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Advertisement. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
If you ask Puffy to submit a message to any employer or third party or if you apply for a job using the Services, you accept that Puffy does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you require alternate screener questions or application process, you must contact the applicable entity directly.
B. Applying to Job Advertisements on a Puffy Website
When you apply to a Job Advertisement on a Puffy website, we will send the resume associated with your account (to the extent an account was created as described in Section 8.C. below).
If you have manually logged out of your account or if you have been automatically logged out of your account because of inaction or some other reason, before we send the resume associated with your account, we will ask you to input your email so we can verify your identity. Once you receive the verification email and confirm your identity by following the instructions in the email, we will send out the resume associated with your account.
IMPORTANT: It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you apply to a Job Advertisement so an employer receives the most up-to-date information about you. If you have opted in to the Resume Database, make sure that employers see the most up-to-date information about you. In order to delete old resumes, edit your resume, or upload a new resume, please go to the Profile settings in your User account.
C. Account Creation.
In addition to your ability to manually create a Puffy account yourself, a Puffy account will automatically be created for you in the following circumstances if you don’t already have an account:
a. When you sign up for job alerts with Puffy;
b. When you apply to a Job Advertisement on a Puffy website, using for example, the ‘Apply Now’ or ‘Quick Apply’ buttons; or
c. When you opt-in to the resume database.
When an account is automatically created for you, you will receive an email with your user name (which is usually your email address) and a link to reset your password. Whether or not you choose to reset your password, the account will exist under your email address and the resume associated with the action you took (e.g., applying for a job, signing-up for job alerts, etc.), will be connected with that account. So, before applying to a Job Advertisement, please ensure that your resume is up-to-date so that employers receive the most recent information about you.
If you do not wish to have a Puffy account, please contact email@example.com or go to your account settings and close your account.
D. Job Alerts
You can manually sign up to receive job alerts by email/or SMS. In addition to a manual sign up, if you apply to Job Advertisements on a Puffy website and/or create an account, you also consent to receiving email job alerts based on the type of role you selected. You can sign up for job alerts via SMS in a number of ways including by entering your telephone number in the Mobile Alerts section of your User Account. You can edit or change the type of job alerts want to receive by accessing the Job Alerts tab in your User account. You may opt out of job alerts by clicking on the unsubscribe link in your job alert email or by following the instructions in your SMS alert. You can also contact our Customer Service team at firstname.lastname@example.org, if you need assistance.
E. Resume Database
Puffy has a feature which permits job seekers to include their resume/CV and other applicable information in a resume database (the, "Resume Database") to be stored on the service and potentially to be accessed by employers.
You may elect to make your resume/CV private and not add it to the Resume Database. If you make your resume/CV ‘public,’ it will be (i) added it to the Resume Database, (ii) available to be viewed or downloaded by any persons or entities that have access rights to the Resume Database, and (iii) visible in whole or in part via search engine results.
If you have added your resume/CV to the Resume Database, you consent to Puffy matching words, skills, or certifications that are present or implied in your resume or other application materials to words, skills, or certifications present or implied in a Job Advertisement or an employer’s or recruiter’s search of terms, and if there are any matches, to present matching resumes/CVs to the applicable employer or recruiter and to send information to you about Job Advertisements that may be of interest to you.
If you submit a resume/CV, you acknowledge that we may 'parse' the resume and other applicable information into another format to create a profile view and/or enable searchable text for a Company; the Company will also be able to see your resume in the form in which you originally submitted it to Puffy.
You can opt-out of including your resume/CV in the Resume Database and public visibility at any time by adjusting the settings in your account and we will remove your resume/CV from the Resume Database and disable visibility to search engines as soon as reasonably practicable. However, if an entity has already accessed your resume/CV through the Resume Database or search engines and copied or saved your resume, that entity will continue to have access to your resume/CV and all information you included in your resume/CV.
F. Interactions with Other Users; Scams; Confidentiality
You are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or Job Application or resume/CV that. Only list the contact information that you are comfortable disclosing to Clients and other Users of the Services.
In addition to carefully reviewing this section and Section 3 above, you should conduct your own due diligence on potential employers and Job Advertisements that may be of interest to you. As mentioned in Section 3, Puffy does not authenticate Users or guarantee that a Job Advertisement is suitable, legitimate or real. If you are concerned about any particular communication you have received from a potential employer (either because it’s unsolicited or you received the communication in response to your Job Application), or if you are concerned about any particular Job Advertisement you find on Puffy, or if you find a Job Advertisement that is fake or fraudulent, you should do the following:
a. Contact Puffy immediately at email@example.com and do not respond to the sender of the communication; and concurrently,
b. Conduct your own Internet search of the company and the person who emailed you.
i. Many scammers use the names of legitimate companies to defraud job seekers. So, look up the email of the human resources department and/or recruiting department of the company that is purporting to contact you about the job, and ask them to verify that the person who contacted you is actually connected with the company. If the email address of the person contacting you doesn’t include the name of the company, that should also alert you to conduct further checks.
ii. An Internet search may alert you to complaints about the individual and/or the company concerned because it’s likely that you aren’t the first person that has been ‘scammed’. There may be online forums that warn people about potentially fraudulent job advertisements.
c. If you discover that an email received is connected to a fake or fraudulent Job Advertisement, you should send that email to email provider that hosts the scammer’s email address and request that the account be closed. Some of the more common fraud departments are:
· Yahoo: firstname.lastname@example.org
· Google: email@example.com
d. If you have already disclosed your bank details or received funds into your account you should contact your bank immediately to stop any transactions and ask their advice regarding next steps.
Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.
The following is a non-exhaustive list of red flags that should alert you to check whether a communication is legitimate and/or whether any particular Job Advertisement is fake or fraudulent ("Scam"). But, this list doesn’t cover every scenario; it’s merely intended to highlight some of the more common Scams. For more information, you should visit the websites listed above. Be on the alert:
i.If you’re offered a job soon after submitting your resume/CV, without having to go through an interview or other usual hiring process. Usually, when you apply for a vacancy, you expect to wait a few days or weeks to hear back, and then go through a hiring and interview process. Scams will offer you the job almost immediately;
ii. If the ‘employer’ claims that they found your resume/CV on a website and offers you the job immediately;
iii. If the ‘employer’ sends you a check (to cover your initial salary or buy equipment for example), and asks you to deposit the check in your bank account and send them a check for some smaller amount. In addition to contacting Puffy, you should take the check and any records of the communication to your local Police Department and file a police report;
iv. If the ‘employer’ requires you to spend money on training or materials;
v. If the ‘employer’ asks you for personal details and/or financial details that you didn’t include in your resume/CV. The requested information may be your bank details or your birth date, passport number or copy of your passport, social security number, etc. This type of information isn’t typically required until you’ve gone through a hiring process including a formal interview, possibly met the employer in person, and receive a formal offer letter or contract of employment;
vi. If the email or other communication from the ‘employer’, contains misspellings, grammatical errors, is badly written or disjointed, and/or contains exclamation marks and words or sentences in capital letters, and/or requires you to accept the job offer immediately;
vii. If you applied for a role that is less senior to the one that is offered to you or offers a salary that is more than you would expect for the role you applied to; or
viii. If a Job Advertisement provides a lot of detail about a role but very little information about the type of candidate that is desired.
Additionally, although Puffy requests that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive through the Services, Puffy cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.
A. Content Rules
With respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Job Advertisements (whether owned by you or your clients), will comply with advertising standards and applicable laws; (ii) you have the necessary rights to permit the publication and use of Job Advertisements by Puffy pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Advertisements will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Advertisements shall comply with the then-current versions of this Agreement and Job Posting Rules (referenced below); and (v), you have the authority to grant permission to Puffy to wrap or collect Job Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not cause Puffy to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which users can link though such Job Advertisements. You agree to indemnify and hold Puffy and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of this Agreement.
You agree not to post or promote any Job Advertisements that: contain inaccurate, false, or misleading information; contain "hidden" keywords or keywords that are irrelevant to the job opportunity being presented; sell, promote or advertise products or services; endorse a particular political party, political agenda, or political position or promote a particular religion; except where allowed by applicable law, require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age; contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13; includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contain content that violates applicable laws; pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such Job Advertisements are permissible); requires citizenship or lawful permanent residence in a country unless that is required in order to comply with law, regulation, or a federal, state or local government contract; contain links to any site competitive with Puffy other than to an actual job posting; or do not otherwise comply with the then-current Job Rules (currently available at https://www.Puffy.com/job-rules) (collectively, "Job Posting Rules").
Additionally, Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labour and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available, posted or distributed).
B. Distribution of Advertisements and with Access to the Resume Database
Puffy will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our distribution network, or in job alert emails and texts (where a Job Seeker has opted-in to receive such alerts) (collectively, "Distribution Channels"). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason. You agree that Puffy is not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on Puffy websites.
We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.
C. Authorized Users
You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account. Additionally, you agree that: log-in credentials and account information will not be shared with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other agreement that you have with Puffy; (v) you will promptly notify Puffy of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with Puffy with respect to investigation of any suspected or alleged violation of this Agreement and any action by Puffy to enforce this Agreement. Puffy may suspend, limit, condition, or terminate an Authorized User's access to the Services or any features thereof, in the event that Puffy reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
D. Removal of Advertisements
You acknowledge and agree that Puffy may, with no liability or penalty, remove any Job Advertisement or other content, communication or information posted, which in the sole judgment of Puffy, violates or may violate this Agreement, applicable laws, rules or regulations, or third party terms; or may adversely affect Puffy; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
E. Resume Database
If your Subscription Plan includes access to the Resume Database, then subject to the terms and conditions of this Agreement, Puffy hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access the Resume Database for the limited purpose of viewing and/or downloading the number of resumes/CVs for the sole purpose of seeking employment candidates for legitimate employment opportunities. You shall not use automated computer programs or software to download resumes/CV or to extract Data (defined below), and shall not resell or sub-license access to the Resume Database or any resume (including Data). You further agree that you shall not use the Resume Database or its contents to market or sell products or services to the data subjects whose resumes comprise the Resume Database. References to "resume" or "CV" as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications. Notwithstanding anything to the contrary in this Agreement, Puffy reserves the right to limit the amount of information (including resume views and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the Services. The Resume Database shall not be used in any manner that adversely affects Puffy business, imposes an unreasonable or disproportionately large load on Puffy infrastructure, or interferes with the ability of others to access the Resume Database. Puffy reserves the right to suspend or terminate access to the Resume Database or terminate the Agreement in the event of any non-compliance with the Agreement or any other agreement you have with Puffy. You shall remain primarily responsible for ensuring that Authorized Users comply with the terms of this Agreement. If a Job Seeker opts out of the Resume Database at any time, Puffy reserves the right to block access to, and/or remove, the Job Seeker’s resume/CV from the Resume Database. You accept that Puffy does not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the resume/CV is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.
You represent, warrant and promise that: (i) you will use the Resume Database and the personal information contained within resumes/CVs (collectively, "Data"), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any Data from Resume Database to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising agency acting on behalf of a client, and you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes, and such disclosure falls within the scope of the appropriate Subscription Plan for the Services; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data obtained from the Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify Puffy immediately in the event of any suspected or actual unauthorized access or disclosure of resumes/CVs; (iv) Authorized Users shall not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers for careers fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.
Puffy makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes/CVs. You accept that Puffy acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. We do not guarantee any response or the number of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements have the required qualifications to meet your requirements.
F. Job Seekers
Puffy may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and professionally with individuals who may respond to your Job Advertisement and agree to indemnify us from and against any claim brought by an individual against Puffy arising from your breach of this Agreement or any other agreement you have with Puffy.
G. Data Protection.
You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; for the purposes of this Agreement, ‘Personal Data' means data which relates to a living individual who can be identified (i) from such data, or (ii) from such data together with other information which is in your possession or is likely to come into your possession; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend Puffy at your own expense against all costs, claims, damages or expenses incurred by Puffy for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
A. DMCA Notice Procedure
It is the policy of Puffy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify the Puffy copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Services;
4. Information reasonably sufficient to permit Puffy to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following Email: firstname.lastname@example.org
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
In accordance with the DMCA and other applicable law, Puffy has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. Puffy may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Puffy and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with Puffy, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, and any applicable data protection laws; (v) any claims or damages that arise as a result of your User Content; (vi) any other party's access and use of the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.
A. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUFFY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUFFY, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
B. Universal Disclaimer
PUFFY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PUFFY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PUFFY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL PUFFY, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; (II), LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL PUFFY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUFFY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
(C) IN NO EVENT SHALL PUFFY, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PUFFY IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF PUFFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of the General Counsel of Puffy or his/her designee. Puffy can assign this Agreement or delegate its obligations without restriction.
B. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Except as set out in this Agreement, only you and Puffy may enforce this Agreement as this contract is between you and Puffy; no other party shall be entitled to enforce the terms of this Agreement.
C. Notification Procedures
Puffy may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our websites, as determined by Puffy in its sole discretion. Puffy reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. Puffy is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com to your email address book to help ensure you receive email notifications from us.
D. Entire Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with Puffy in connection with the Services, shall constitute the entire agreement and understanding between you and Puffy concerning the Services. You acknowledge and agree that you have not relied upon any statement, promise or representation made or given by or on behalf of Puffy, which is not set out in this Agreement or any document expressly referred to herein.
E. Compliance with Laws
You agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities.
Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of Puffy; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of the Puffy websites.
G. Equitable Relief
You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause Puffy irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Puffy may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, Puffy may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
H. No Publicity.
You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval of our legal department. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties, concerning this Agreement, the Services, and/or Puffy, to our legal department at: firstname.lastname@example.org.
I. Electronic Contracting.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY PUFFY WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by Puffy. No failure by Puffy to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by Puffy preclude any other or future exercise of that right or any other right hereunder by Puffy. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.