Preamble

1. Types of Users
   1. Users that use the Services to search for prospective employees, view resumes, profiles, or curriculum vitae, and/or post and/or distribute job openings ("Job Listings"), on behalf of themselves and/or a third party are also referred to in this Agreement as a "Client".
      1. f you use Havana on behalf of an employer, organization, agency, institution, or other entity, then (a) "you" includes both 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.
   2. 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 Listings, we refer to you as a "Candidate".
2. Use of the Services
   1. 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 Candidates or Clients.
   2. Eligibility.
   You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services, so that you can form a binding contract with Havana. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by Havana, unless we have provided you with specific written authorization to re-use the Services.
   For residents of Canada, including Quebec: The provision of the Services and any relationship between Havana and a user of the Services shall not be governed by Canadian federal, provincial, or territorial law. Pour les résidents canadiens incluant le Québec: la prestation des Services, et toute relation entre Havana et un utilisateur des Services ne sera pas régie par les lois canadiennes fédérales, provinciales ou territoriales. Vous êtes entièrement responsable d’assurer le respect des lois et règlements locaux qui pourraient s’appliquer à vous de façon générale ou en tant qu’utilisateur des services.
   By using the Services, you expressly acknowledge, agree and request that this document, and all documents used or signed between Havana and yourself, be expressed in the English language. En utilisant les Services, vous reconnaissez, acceptez et exigez expressément que la présente entente, ainsi que tous les documents utilisés ou signés entre Havana et vous-même, soient rédigés en langue anglaise seulement.
   3. Contact with You by Telephone or SMS
   When using specific Services, we may ask for your consent to contact you by telephone, including by SMS. By granting such consent, you authorize Havana to contact you by telephone at the number(s) you have provided, and acknowledge that Havana may do so using an automatic telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside).
   You may revoke consent to be contacted by telephone by emailing support@letshavana.com and including the wording "Revocation of Telephone Consent" in the subject line. To stop receiving SMS messages from Havana, you may reply “STOP” to any SMS message you receive. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods, or services from Havana.
   You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
   4. Contact with You by Email
   By providing Havana your email address, you consent to our using the email address to send you Service-related and other non-commercial 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 (to the extent permitted by the laws of the jurisdiction where you reside). If you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your Account page or by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing: support@letshavana.com. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
   Please note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you deactivate your account and stop using our Services.
   5. User Accounts
   The information in this section applies to all User accounts. If you sign up and/or create an account with Havana, you may control your profile information and how you interact with the Services by changing the settings on 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. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.
   You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Data (as the term is defined in the Privacy Policy). You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be totally responsible for all activities that occur under your account. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
   We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.
   By connecting to the Services 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. For example, if you access the Services through a social networking site, you agree that Havana 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 Havana account. You agree that we are not liable for any Personal Data that is made available to us in violation of your privacy settings with the applicable social networking site.
   Havana 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, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement (including in accordance with Section 2.6). 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.
   6. ained within such account. 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 Havana servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Havana grants the operators of public search engines revocable permission to use spiders to copy materials from letshavana.com 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, as determined in 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 Havana.
   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 (for paid products and services). If any such change, cessation or limitation of the Services materially and adversely affects you, then you may terminate the Services on written notice to us. In the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current subscription plan. We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination (acting reasonably) you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services.
   You are solely responsible for your interactions with other Havana Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Havana shall have no liability for your interactions with other Users, or for any User's action or inaction. Havana shall have no obligation to you to enforce this Agreement against any other User.
3. User Content
   1. Posting or Viewing User Content
   The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Listings, screening requirements, screening questions, screening criteria, company information, a Candidates’ 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.
   2. Prohibited Types of User Content
   The following list is intended to be illustrative of the types of User Content that are prohibited, but this 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 Data 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, misleading, or otherwise deceptive; 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.
   3. No Warranties or Obligations
   You agree that Havana makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Listings and resumés. You further agree that Havana 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 Havana 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 Listings and content of messages. Your reliance on any User Content is at your own risk.
   Notwithstanding the foregoing, although Havana has no obligation to screen User Content, to the extent that Havana 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 Havana, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for Havana or otherwise negatively impact Havana, Havana reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.
   4. User Content and the U.S. Communications Decency Act
   Please note Section 230 of the U.S. Communications Decency Act ("CDA") (and the equivalent or similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers such as Havana, when such online service providers provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).
   The decision by Havana 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. Additionally, § 230 (c)(2) of the CDA specifically provides: "No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…"
   5. User Interactions and Assumption of Risk
   You understand and agree that Havana 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, Candidates, Clients, 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 Havana, 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.
   6. Content Disclosure
   Havana 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 Havana 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.
   7. User Content License Grant
      1. 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 Havana, 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 Havana websites, distributing such User Content through the Havana distribution and publishing network and in job alerts to job seekers, and to promote Havana and the Services. This license continues even if you stop using the Services.
      2. If you are a Client, you acknowledge and agree that Havana has no obligation, and may be unable, to remove your Job Listings and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the Havana 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 Havana 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 Havana to identify you as a User of the Services in any promotional and marketing materials to promote Havana and the Services. Further, to the extent you have given Havana the right to access certain User Content that is present on another website or service you own or control, you give Havana 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, notwithstanding any prohibition on scraping set forth in the terms of use or other contractual terms governing such website.
      3. Furthermore, when you authorize Havana to send automated personalized invitations or other User Content to Candidates on your behalf, you grant Havana a license to use your name, likeness, and company information in such communications.
      4. 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 Havana 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.
4. Mobile Software
   1. We may make available software to access the Services via a mobile or tablet device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service.
      1. Havana does not warrant that the Mobile Software will be compatible with your mobile device. Havana hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Havana account on mobile devices owned or leased solely by you, for your personal use.
      2. You may not : (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.
      3. You acknowledge that Havana may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
      4. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Havana or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Havana reserves all rights not expressly granted under this Agreement.
   2. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all applicable laws related to use of the Mobile Software and the Services.
5. Our Proprietary Rights
   1. This Agreement provides only a limited license to access and use the Services in accordance with the terms of this Agreement. Accordingly, you hereby agree that Havana transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services, including, without limitation, software, (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, "Havana Content"). All such Havana Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (except for Feedback) are exclusively owned, controlled, and/or licensed by Havana or its members, parent(s) licensors, or affiliates.
   2. Havana, the Havana logo, and all other marks are proprietary trademarks of Havana and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Havana is hereby strictly prohibited.
   3. 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 Havana Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
   4. If you participate in any evaluation regarding the Services or otherwise provide Havana suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"). Such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, and non-exclusive right and license for Havana to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. To the extent permitted by applicable law, you waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights, in your Feedback. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
6. Additional Terms that Apply to Candidates
   1. As a Candidate, 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"), (iv) include your resume and other applicable information in a resume database (the, "Resume Database"), and (v) use the Services to participate in video calls or interviews with Clients (“Instant Interview”). 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.
   2. If you have a Havana account, provide your resume/CV to Havana, and/or sign up for Job Alerts, you agree that we may (A) use the information you provide to send you information about Job Listings that may be of interest to you; and (B) display or provide your resume/CV and profile information (to the extent that you have not designated it as private) to an employer or recruiter who may be interested in candidates like you.
   3. 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 Listing on a Havana 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 perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (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.
   4. Job Applications in General
      1. By applying to a Job Listing on the Services, you give us permission to store your information on the Services and to share your information (including your resume/CV), with the entity that posted the Job Listing.
      2. 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 Listing.
      3. Once you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Listing as long as any parameters selected by that entity are met, where applicable. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
      4. If you ask Havana to submit a message to any employer or third party or if you apply for a job using the Services, you accept that Havana 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 Listing 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.
   5. Applying to Job Listings on a Havana Website
      1. When you apply to a Job Listing on a Havana website or through the app, if all parameters selected by the entity that posted the Job Listing are met, we will send the resume associated with your account (to the extent an account was created as described in Section 6.6 below).
      2. 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, we will ask you to input your email so we can verify your identity before we send the resume associated with your account. 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 Listing or opt-in to the Resume Database, so an employer receives 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. Additionally, although Havana requests that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive through the Services, Havana cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.
   6. Account Creation
      1. In addition to your ability to manually create a Havana account yourself, a Havana account will automatically be created for you in the following circumstances, if you don’t already have an account:
         1. When you sign up for job alerts with Havana;
         2. When you apply to a Job Listing on a Havana website, using for example, the ‘Apply Now’ or ‘Quick Apply’ buttons; or
         3. When you ‘verify skills’ for another user.
      2. 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 either confirm your email or set/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, unless you choose to delete that account. So, before applying to a Job Listing, please ensure that your resume is up-to-date so that employers receive the most recent information about you.
   7. 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 Listings on a Havana website and/or create an account, you may agree to receive 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.
   8. Resume Database
      Havana has a feature which permits job seekers to include their resume/CV and other profile information in the Resume Database to be stored on the Service.
      1. Making Your Profile and Resume/CV Public: If you elect to make your resume/CV ‘public’ in your Account settings or during your account creation: (i) it will be added it to the Resume Database, (ii) your resume/CV and profile information (including your Personal Data, to the extent provided in your resume or profile) will be available to be searched, viewed, or downloaded by any persons or entities that have access rights to the Resume Database, (iii) your resume/CV will be visible in whole or in part via search results within the Resume Database, and (iv) your resume/CV and profile information will be visible in part to Clients with active Job Listings to invite or rate candidates to apply.
      2. If you add your resume/CV to the Resume Database, then you are:
         1. Consenting to Havana 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 Listing 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 Listings that may be of interest to you.
         2. Acknowledging 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 Client; the Client will also be able to see your resume in the form in which you originally submitted it to Havana.
      3. Keeping Your Profile and Resume/CV Private: If you elect to keep your resume/CV private, it will not be added to the Resume Database. If you had previously made your profile and resume/CV public, and wish to opt-out, you may do so at any time by adjusting the settings in the “About Me” page of your account. If you opt-out, we will remove your resume/CV from the Resume Database and disable visibility to search results as soon as reasonably practicable. However, if an entity has already accessed your resume/CV through the Resume Database or search results 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.
   9. Interactions with Other Users; Scams; Confidentiality
      1. 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.
      2. In addition to carefully reviewing this section and Section 3 above, you should conduct your own due diligence on potential employers and Job Listings that may be of interest to you. As mentioned in Section 3, Havana does not authenticate Users or guarantee that a Job Listing is suitable, legitimate or real.
7. Additional Terms that Apply to Clients
   1. The Client shall, and shall ensure that its Staff shall, at all times use the Services and the Website in accordance with these Terms.
   2. The Client shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Staff and with Candidates, and all other material of any format ("Submissions"):
      1. comply with all applicable laws and legislations, including, but not limited to, the US Fair Credit Reporting Act 1971 (15 U.S.C. § 1681 et seq);
      2. do not infringe any intellectual property rights or other proprietary rights of any third party;
      3. not reasonably be deemed to:
         1. be offensive, illegal, inappropriate or in any way:
         2. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
         3. harass or advocate harassment of another person;
         4. display pornographic or sexually explicit material;
         5. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
         6. promote any illegal activities;
         7. provide instructional information about illegal activities, including violating someone else’s privacy;
         8. create computer viruses or implement any form of software or scripts onto the Website that have the appearance of coming from a user or candidate (for the avoidance of doubt, this shall not apply to API use);
         9. promote or contain information that you know or believe to be inaccurate, false or misleading;
         10. engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
         11. exploit people in a sexual or violent manner; or
         12. invade or violate any third party’s right to privacy;
      4. register the same Client more than once for the purpose of circumventing Client limitations which have been created by the Website such as the number of Job Listings the Client is permitted to create;
      5. publish Job Listings that do not correspond to actual unfulfilled full time/part-time/hourly employment/contract positions;
      6. publish Job Listings for multi-level marketing positions, pyramid schemes or self-employed opportunities;
      7. publish Job Listings with the aim of harvesting Candidates for any reason other than legitimate employment;
      8. publish Job Listings that direct Candidates to apply through means that are not supported by Havana and the Website;
      9. publish Job Listings on behalf of a company without their knowledge and consent;
      10. request payments from Candidates; and
      11. transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming"; and the Client hereby indemnifies Havana for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Havana which arise directly or indirectly from a breach by the Customer of this clause 7.2.
   3. Unless otherwise explicitly stated by Havana, Havana does not vet, verify the accuracy, correctness and completeness of, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Client on the Website to determine whether they may result in any liability to any third party. The Client hereby warrants that the Client has the right to use all such information and material.
   4. Subject to clause 7.3, Havana may enhance the Profile by using data related to the Candidate, obtained from third parties. Such additional information may include links to any social media websites used by Havana in enhancing the Profile. In such circumstances, Havana does not vet, verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is the responsibility of the Client to verify the accuracy of such information before making any hiring decisions.
   5. Notwithstanding clause 7.3, Havana reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if Havana has reason to believe that the Client’s use of the Services and/or the Website breaches these Terms.
   6. The Client shall not:
      1. at any time use the Services and/or the Website with the purpose of impersonating another user or person;
      2. use the information made available to the Client through its use of the Services and/or the Website for any purpose other than in connection with the recruitment of staff;
      3. except in respect of the People Search Services, use the Website or Services to contact any Candidate or other person who has not either applied for an Job Listing or been identified by the Client through other means; and
      4. do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.
   7. Havana takes breaches of the Terms, and in particular, this clause 7, very seriously and therefore reserves the right to take any action that Havana deems necessary. This can include, without limitation, suspension or termination of the Client’s use of the Services and/or access to the Website. In certain circumstances Havana may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Client shall promptly notify Havana if it is aware of any or any suspected breaches of this clause 7 by its Staff.
   8. Client interaction with Candidates
      1. The Client shall ensure that any Job Listing it publishes through the Website contains the sufficient information to allow a Candidate to make an informed decision as to applying for the role in question.
      2. The Client warrants and represents that the information provided pursuant to clause 7.8.1 and in respect of the Client Information shall be correct, complete, accurate and up to date. In the event the information in the Job Listing or the Client Information is incorrect, incomplete, inaccurate or out of date, then the Client must immediately take all necessary steps to rectify such information.
      3. Where the Client makes use of the People Search Services, it will have the ability to contact Candidates that have not already applied for an Job Listing. Where a Client wishes to contact such Candidates, it shall only do so in respect of an existing and valid Job Listing on the Website and not as a general solicitation.
      4. The Client shall at all times use the Services and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation. In particular:
         1. Client undertake that they will collect and process personal data relating to Candidates only to the extent that the collection of those data is necessary and relevant to the performance of the job which is being applied for;
         2. If the Client selects to access the social media profiles of the Candidates, the Client shall refer only to appropriate social media when making decision relating to Candidates. The Client shall consider whether the processing is necessary for the purpose for which it was collected, including whether the social media profile of the candidate is related to business or private purposes, as this can be an important indication for the legal admissibility of the data inspection.
      5. The Client is solely responsible for the use of the Services and its internal management of the recruitment process, for each Candidate search (including the People Search Services) that the Client undertakes and any Job Listing advertised by the Client through the Website. The Client is also responsible for confirming:
         1. each Candidate’s qualifications, skills, training and experience;
         2. that the Candidate has the right to work in the relevant jurisdiction; and
         3. procuring from the Candidate(s) all information reasonably required by the Client to determine the Candidate’s suitability to the Job Listing.
      6. The Client acknowledges that Havana does not have any control of and therefore cannot reasonably accept any liability in respect of the behavior, response or actions of the Candidates. Havana does not warrant, represent or guarantee that the Client will be able to fill the Job Listing using the Services.
      7. The Client shall, and shall procure that its Staff shall at all times keep all information including without limitation, the Candidates’ Profiles, communication and correspondences between the Client, Havana and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential.
      8. The Services shall be personal to the Client organization and the Client has no right whatsoever to resell the Services to any third party for any reason without the express written approval of Havana.
      9. The Client acknowledges and agrees that it is the Client’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between the Client and the approved Candidate directly. In the event there is a dispute between the Client and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a "Dispute" - the Customer agrees Havana is not liable for any loss or damage suffered by the Client resulting from any such Dispute and the Client hereby releases and holds harmless Havana from any such loss or damage or any liability in relation to any Dispute.
      10. The Client hereby indemnifies Havana against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Havana which arise directly or indirectly from any Dispute, or any breach by the Client of clause 7.8.4.
8. Client Services
   1. In consideration for the payment of the Fees, Havana shall provide the Client with the Services as described on the Website, which allow the Client to browse, screen, track and collaboratively manage its hiring process ("Services") and provide the facility of storing the Client’s recruitment data ("Storage Service"). The Services typically include the following:
      1. the facility to add accounts for "Staff", meaning the Customer’s employees and nominated representatives on their hiring team, by nominating such individuals to create individual user accounts which permit them to access and use the Services on behalf of the Client;
      2. the facility to create "Jobs", meaning descriptions of an employment or contractor role or position that the Client is seeking to fill (note: the ability of the Client to do this may be limited to a set number of Jobs in accordance with the corresponding Fees subscription selected by the Client, as described on the Website);
      3. the facility to upload "Client Information", meaning information about the Customer’s organization or any Job;
      4. the ability to publish and export Jobs to various job boards and social media services where they can be displayed to potential "Candidates", meaning persons seeking employment on a contract or permanent basis who register with Havana;
      5. the ability to view the "Profile" of a Candidate who applies for an Job with the Client, which means the information submitted by a Candidate through the Services which may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history;
      6. a comparison tool to compare Candidates for a specific Job, and the facilitation and management of communications between the Client and its Staff, and any Candidate, with respect to an Job;
      7. the ability to use a search tool allowing Client or Staff to search for prospective Candidates by skills and qualifications, regardless of whether that prospective Candidate has applied for an Job (“People Search Service”). Where the Client uses the People Search Service, the Client hereby instructs Havana to search for such Candidates within opt-in databases, such as social networks, and candidate databases on job boards and to rank candidates as follows:
         1. the frequency of inclusion in prospective Candidate’s profile of the keywords selected by the Client, or typical in relation to the role for which the Candidate has applied;
         2. the fields inside the prospective Candidate’s profile, where the keywords are located: headline, summary, skills, work experience (company name, summary, title), education (degree classification, field of study, degree, school name), location (locality, administrative level, country);
         3. the completeness of the Candidate’s profile in terms of name, location, social profiles, work experience, education, skills, emails or images; and
         4. whether the filters applied by the Customer e.g. location, company name and university name match the Candidate’s profile.
      8. the ability to request certain implementation services from Havana to allow a Customer or Staff the ability to access and use the Website and Services on their systems, including through the use of a Havana API (“Implementation Services”). Such Implementation Services will incur charges in addition to the Fees, such additional charges will be as agreed between Havana and Client and will be invoiced to the Client and payable on or before commencement of applicable services; and
      9. any other features and functionalities provided by Havana to the Client from time to time, including without limitation, the ability to participate in social network Advertising Campaigns and locate Prospective Candidates by enabling certain functionalities of the People Search Service.
   2. For the avoidance of doubt, Havana’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Client’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Client and Havana, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party.
   3. Havana may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
   4. Havana agrees to use commercially reasonable efforts to make the Services available on a seven (7) day per week, twenty four (24) hour per day basis excluding (a) scheduled maintenance time, (b) any unavailability caused by circumstances beyond Havana’s reasonable control and (c) any suspensions permitted under these Terms. In the event of a planned service downtime in respect of the Services, Havana shall use reasonable efforts to notify the Client thereof at least 24 hours in advance (which notice may be provided electronically, including via the Services).
   5. Access to the Website and the Services may be granted to the Client on a trial or ‘free’ basis ("Trial") for a period of up to 15 days. The Client acknowledges and agrees that during the Trial the following specific terms shall apply in addition to all other Terms:
      1. access to the Services during the Trial will be provided at no cost to the Client;
      2. such access is solely for the purpose of offering the Client a preview demonstration of the functionality and features of the Services;
      3. the functionality of the Services during a trial may be limited or restricted; Any Services provided by Havana during a Trial shall be considered “as- is” and Havana has no liability of any type, nor any indemnification obligations, for any harm or damage arising out of or in connection with any Free Services.
      4. Havana may withdraw or suspend the Client’s access to the Services at any time during the Trial, and at the completion of the Trial continued access to the Website and/or Services will be subject to payment of Fees or charges.
      5. Client shall be fully liable under those terms to Workable for any harm or damages arising from the use of the Services during a Trial by Client.
9. Third-Party Links and Services
   The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by Havana (collectively, "Third-Party(ies)"). Havana does not endorse or assume any responsibility for any such Third-Party sites, information, materials, products, or services. If you access a Third-Party website from the Services or use a Third-Party service, you do so at your own risk, and you understand that this Agreement and the Havana Privacy Policy do not apply to your use of such Third-Party sites or services. You expressly relieve Havana from any and all liability arising from your use of any Third-Party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Havana shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
10. Indemnity
    To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Havana 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 Havana, 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, your violation of the U.S. Fair Credit Reporting Act, or pursuant to applicable credit reporting laws, and any applicable data protection, email marketing, or telemarketing laws (including any email, phone call or text message you send or make to another User); (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.
11. No Warranty
    1. Disclaimer of Warranties
       NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
       EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAVANA 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, GUARANTEES, 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, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAVANA, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, 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.
       IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, HAVANA’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT HAVANA’S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
    2. Universal Disclaimer
       HAVANA 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 HAVANA 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.
       HAVANA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
12. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL HAVANA, 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) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE THAT DOES NOT ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE BREACH, ACT OR OMISSION RELATING TO THIS AGREEMENT AND GIVING RISE TO THAT LOSS, WHETHER OT NOT SUCH LOSS MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THIS AGREEMENT AS A PROBABLE RESULT OF THE BREACH, ACT OR OMISSION; OR (II) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL HAVANA 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.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAVANA 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 DATA 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.
    IN NO EVENT SHALL HAVANA, 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 HAVANA IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $10, WHICHEVER IS LESSER.
    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 HAVANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13. General
    1. If Havana fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the User from compliance with such obligations. No waiver by Workable of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the User in writing.
    2. All notification and communication to Havana should be sent to the contact details made available to the User on the Website.
    3. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
    4. The User acknowledges that in entering into these Terms, the User has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms.
    5. The User agrees that Havana may identify the User as a user of the Software and use User’s trademark and/or logo (i) in sales presentations, promotional/marketing materials and communications, and press releases, and (ii) in order to develop a brief customer profile for use by Havana on Havana’s website for promotional purpose.
    6. Havana reserves the right to modify these Terms at any time, by revising them on the Website, provided that any such modifications do not materially change the overall functionality of the Services or substantially diminish User’s rights and create substantial User obligations. Any changes Havana may make to this document in the future will be notified and made available to the Users that have subscribed to be notified by using the form at the bottom of this page.
    7. These Terms shall be governed by and construed in accordance with Georgia law and shall be subject to the exclusive jurisdiction of the courts of the state of Georgia.