Jivan

Terms and Conditions

Last Updated: May 15, 2024

1. About Beech Platform LLC: Beech Platform LLC, doing business as and here and after referred to as Jivan (“Jivan,” “we,” “us,” or “our”), is a company registered in the State of New York that operates this website www.hellojivan.com (“the website” or “our website”). We are building a community of people over the age of 18, particularly older adults, who are looking for employment that meets them where they are. 


2. Service Conditions/Grant of License: By accessing and using Jivan, you ("you", "user", or “viewer”) agree to be bound by these Terms and Conditions (“Terms”). These Terms together with our Privacy Policy govern the relationship between you and us. By submitting information to our website, you grant Jivan a non-exclusive, royalty-free, worldwide license to use, modify, publish, and translate such information. We grant you a non-exclusive, revocable license to use Jivan for its intended purpose as an employment resource.  


3. No Guarantees or Warranties: 
a) Jivan is provided "as-is" and we make no guarantees or warranties, express or implied, regarding its operation, functionality, or accuracy of the information contained. Submitting responses to our request for information (“responses”) does not commit us to provide any service to you, whether employment-related or otherwise. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.

b) We make no guarantees or warranties about the availability of jobs or the suitability of any candidate for a particular position. We are not responsible for the outcome of any hiring decisions made by employers.


4. Intellectual Property: All content, trademarks, designs, logos, and other intellectual property (including derivative works) on Jivan belong to us. You are not permitted to use our intellectual property without our express written consent.


5. Use Restrictions: You agree not to use Jivan for any illegal or unauthorized purpose. This includes, but is not limited to:

  • Uploading content that is false, discriminatory, offensive, or infringes on others' intellectual property rights.

  • Engaging in harassing or abusive behavior towards other users.

  • Disrupting the platform's operation or functionality, including uploading any viruses or other malicious code to the website

  • Impersonating another person or entity

  • Accessing the website through automated or non-human means, whether through a bot, script or otherwise

You agree not to include any private or confidential information in your responses including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You attest that you are not a minor in the jurisdiction in which you reside.

6. Confidentiality: We will endeavor to keep your responses confidential from third parties except in regards to disclosure to the following parties:

  • Potential employers

  • Service providers who may assist us in the job search and hiring process

  • Service providers who assist us in operating the Website and providing our services

  • Law enforcement or other government agencies, as required by law

Outside of the potential disclosure described above, we can NOT and will NOT guarantee that your responses will remain confidential. An example of a breach of confidentiality includes a hack of our records. This is an example ONLY and does NOT contemplate all of the circumstances that could lead to a breach of confidentiality.


7. Termination, Restriction and Suspension: We reserve the right to terminate, restrict, or suspend your access to Jivan at any time without notice for violating the Terms.


8. Indemnification: You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses, including reasonable attorneys’ fees and court costs, arising from your use of Jivan. Included in your agreement to indemnify and hold us harmless from any losses or damages are any losses or damages to your computer equipment or other property arising from your use of our website.


9. Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your use of Jivan.


10. Dispute Resolution: Any dispute arising out of or relating to these Terms or your use of Jivan shall be governed by the laws of the State of New York and resolved exclusively through final and binding arbitration conducted by the American Arbitration Association.


11. Governing Law Provision: These Terms shall be governed by and construed in accordance with the laws of the State of New York.


12. Modification Clause: We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of Jivan following the posting of any changes constitutes your acceptance of the modified Terms.


13. Entire Agreement Clause: These Terms constitute the entire agreement between you and us regarding your use of Jivan.


14. Future Changes: We may, at any time and without notice, modify, suspend, or discontinue the Platform or any part thereof. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

15. Feedback: We welcome your feedback and suggestions for improving the Platform. However, by submitting any feedback or suggestions, you agree that we may use such feedback or suggestions without any obligation to you. You can submit your feedback by contacting us at info@hellojivan.com


16. User Data: We will collect certain information from you on our website when you join our community, as specified in our separate Privacy Policy. Please review our Privacy Policy for further details.


17. Disclaimer for Basic Website Stage: Jivan is currently in a basic stage of development. Initially, you will only be able to submit basic information such as your name, email address, state, and employment interests.

BY ACCESSING AND USING JIVAN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING AND USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.