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© 2018 De Novo, LLC.  All rights reserved.

Terms of Service

Terms of Service:  Last Updated: July 23, 2018

As an initial matter, we want to make clear that these Terms of Service apply only if you live in the United States.  (But we’re really meant for users in the US for now anyway.  So if you’re abroad, hang tight – we’ll get to you!)

 

TERMS OF SERVICE

 

First of all, De Novo is geared towards lawyers at the moment, so, hi lawyers!  Thank you for checking us out.  Because we know you’re judging us a little for these, we’ve done our best to cover everything as succinctly and clearly as possible.  But if you think we’ve missed something – or you think you could draft these better – we’d love to hear from you.  Please email us at support@denovoapp.com.  (Also, if you are not a lawyer, but you’re checking out our site, these Terms of Service apply to you in equal force.)  

 

This is a legal agreement (“Agreement”) between you and De Novo, LLC (“we,” “us,” or “our” or “De Novo”).  By using our mobile app, and/or otherwise accessing the pages of De Novo’s website, located at http://www.denovoapp.com (collectively, the “Services” or “Service”) you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Services.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE DE NOVO.  (Because this is a contract, and you know better than anyone how a contract works.)  Your use of, or participation in, the Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.  The Services consist of providing legal recruiting services, such as informing users of, and alerting users to, job openings, curating job matches for users through De Novo’s algorithm, coordinating/facilitating submissions of applications to law firms and companies (through the use of a third party De Novo recruiting expert), facilitating communications between lawyers and third party recruiters/recruiting experts, and managing the submission process.  De Novo may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services.  De Novo also reserves the right to cease offering any of the Services.

This Agreement is subject to change by us in our sole discretion at any time, with or without notice.  Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.  We will do our best to let you know with each app update if there also was an update to this Agreement.  But please always consult the end of this Agreement to determine when the Agreement was last revised.

 

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Eligibility


1. Lawyer. At least for now, you must be a lawyer to use the Services.  If you’re not, we’re really not going to be helpful anyway.  Also, because you’re a lawyer, we assume you’re over 13 years old.  We do not know of any lawyers in the US who are 13 or under.  But if you are under 13, please have your parent or legal guardian sign up, and please do not use the Services without doing so.  (And if, for some reason, you are a genius and are under 18, please review this Agreement with your parent or legal guardian to make sure you understand it.)  By completing registration and using the Services, including chatting with a third party recruiter, you represent and warrant that you currently have an active bar membership.

2.  Good standing.  You represent and warrant that you, as a lawyer, are currently in good standing in your jurisdiction.  (If you’re not in good standing, it’s probably not a good time to look for a new legal job.  You probably want to get that whole misunderstanding sorted out first.)

 

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Use of the Services


As a user of the Services, you agree to the following: 


1. Personal Use.  Your account is for your personal use only.  You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that De Novo is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. 


2. Geographic Limitations. As we said before, the Services are intended for use in the United States only.  You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws.  You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has
(i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders.  Registration for, and use of, the Services are void where prohibited.  To the extent that the Services are not legal in your jurisdiction, you may not use the Services.  The Services may not be used where prohibited by law.  


3. Information Submitted.  You are solely responsible for, and assume all liability regarding,
(i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other people, including third party recruiters, through the Services.  You also agree that you will not post an explicit, pornographic, or otherwise offensive picture on your profile.  That’s not funny, and we don’t want to see that.  


4. Risk Assumption and Precautions.  You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including interacting with law firm and company personnel. 


5. No Guarantees.  De Novo may not be able to provide jobs on a “Good Fits” list for everyone seeking to use the Services.  De Novo also does not promise that all jobs on the “Good Fits” list can be applied to through De Novo (though De Novo will do our best to make that clear to you).  Further, De Novo makes no guarantees as to the number or frequency of job updates through our Service, or as to whether a predicted good fit job (job on the Good Fits list) leads to an interview or job.  You understand that De Novo makes no guarantees, either explicit or implied, regarding your candidacy for a given job. 


6. Reporting of Violations. You will promptly report to De Novo any violation of the Agreement you come across. 


7.  Truth of Information.  You represent and warrant that the information you provide De Novo is truthful and accurate about yourself. 

 

8. Updates Regarding False Information.  If information provided to De Novo subsequently becomes inaccurate, you will promptly notify De Novo of such change. 


9. Unique and Bona Fide Profile.  As a registered user of the Services, you will create only one unique profile.  In addition, your use of the Services must be for bona fide job-seeking purposes (for example, please do not become a user if your sole purpose is to have access to the app for competitor research purposes).  De Novo reserves the right to remove any candidate that De Novo reasonably believes violates the terms of this paragraph. 


10. No Harassment of De Novo Employees, Agents, or Independent Contractors.  You will not harass, annoy, intimidate or threaten any of De Novo’s employees, agents, or independent contractors, including any third party recruiter who has access to De Novo’s platform, who has engaged in providing any portion of the Services to you. 

 

11.  Miscellaneous Things You Agree Not to Do.  You agree not to solicit login credentials from anyone else or use – or attempt to use – anyone else’s account, username, or password without their permission.  You also agree that you won’t upload any virus or malicious code that compromises the security of De Novo or any of the Services.  (You also should never use the Services and drive your car, but we hope that goes without saying.)  Email us at support@denovoapp.com if you think anyone has improperly accessed your account.

 

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Proprietary Rights


1. Ownership of Proprietary Information. You hereby acknowledge and agree that De Novo is the owner of highly valuable proprietary information, including without limitation, the matching algorithm, profiles, and profile questions.  You, obviously, are the owner of your own information, and you retain ownership of that (i.e., you keep whatever ownership of whatever you had to begin with).  De Novo owns and hereby retains all proprietary rights in the Services. 


2. No Use of Confidential or Proprietary Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of De Novo. 


3. No Sale of Proprietary Information.  You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any De Novo or third party proprietary information available via the Services. 


4. License to Posted Content. By providing information or content to De Novo, you automatically grant, and you represent and warrant that you have the right to grant, to De Novo, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.  This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new Services.  From time to time, we may create, test or implement new features or programs as part of the Services, in which you may voluntarily choose to participate in accordance with the additional terms and conditions of such features or programs.  By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

 

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User Information


1. Privacy Statement.  Your privacy is important to us, and we know it’s important to you.  For information about the collection and possible use of information and material provided by you, please read our Privacy Policy. By using the Services, you are consenting to the terms of De Novo’s Privacy Policy, which is incorporated into these Terms of Services by reference.  So we encourage you to be lawyerly and read it.  


2. No Disclosure of Your Information without Approval.  We agree to keep your information confidential, and to not to disclose any portion of your profile, or the fact that you have a De Novo profile, to any law firm, company, organization, or person not otherwise affiliated with De Novo.  Likewise, De Novo or any recruiter affiliated with De Novo will not reach out and/or submit an application on your behalf to any law firm, company, or organization without your prior approval. 


3. Disclosure By Law. Notwithstanding the above, you acknowledge and agree that De Novo may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement (such as a subpoena), or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend De Novo’s, or a third party’s, rights or property; or (3) in the extremely unlikely event, protect someone’s health or safety, such as when harm or violence against any person is threatened. 


4. Use of Anonymous Information for Research. By using the Services, you agree to allow De Novo to anonymously use information from you and your experiences through the Services to continue De Novo’s research into successful job matching and to improve the Services. This research may be published in various articles, in print or digital, or used in presentations.  However, all of your information will be anonymous, and we will not publish any research containing your personal identifying information. 


5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors. The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of De Novo, and De Novo is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. De Novo provides these links to you only as a convenience, and the inclusion of any link does not imply that De Novo endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor.  You agree that De Novo will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to De Novo with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.  Please visit our Privacy Policy to learn more about how we use your information.

 

6.  No Compensation for Feedback.  We always appreciate your feedback (comments, suggestions, complaints, whatever), so please do not hesitate to email us at support@denovoapp.com.  If you do give us feedback, we know you’re doing that in order to help us make the most helpful product possible, and not for compensation.  But just to be clear, we don’t have to compensate you if we use any of your ideas.  

 

7.  Data Charges and Mobile Phones.  You are responsible for any mobile charges you may incur for using De Novo, including text-messaging and data charges.  Because that’s how apps work.  If you’re unsure what those charges may be, then please ask your service provider before using the Services.

 

8.  Deleting the Agreement.  We also hope you will keep De Novo forever, but remember, you can always terminate this Agreement at any time by deleting your account.

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Digital Millennium Copyright Act Notice


De Novo does not want anything to do with infringing material, so we will take reasonable steps to remove any infringing material that we become aware of.   If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through De Novo, please notify us at support@denovoapp.com as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). 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 is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit De Novo 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 De Novo.

 

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Disclaimer of Warranty


1. No Warranties. We will do our best to keep the Services up and running and free of bugs and other imperfections.  But we (unlike you, of course), are not perfect.  So we need to keep this section in here.

 

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DE NOVO PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DE NOVO DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. DE NOVO DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. 

 

2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors and should not necessarily be relied upon.  Such authors are solely responsible for such content. DE NOVO DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES (SUCH AS YOUR FITNESS OR CANDIDACY FOR A PARTICULAR JOB, OR THAT A PARTICULAR JOB IS STILL AVAILABLE), OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DE NOVO, INCLUDING BY ANY THIRD PARTY RECRUITER. UNDER NO CIRCUMSTANCES WILL DE NOVO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY PERSON. 


3. Beta Features. From time to time, De Novo may offer new “beta” features or tools with which its users may experiment on the Services.  Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at De Novo’s sole discretion.  The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

 

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Limitation of Liability 

You know we need all this so, here it goes:


1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL DE NOVO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DE NOVO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


2. No Liability for non-De Novo Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DE NOVO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH ANY THIRD PARTY RECRUITER, LAW FIRM, COMPANY, OR OTHER ORGANIZATION. 


3. Information Verification. De Novo and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that De Novo and its contractors will have no liability to you arising from any incorrectly verified information.

 

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Indemnification


You agree to indemnify, defend and hold harmless De Novo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Services,
(b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations.  De Novo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with De Novo in asserting any available defenses.

 

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Complaints


To resolve a complaint regarding the Services, which we hope you never have, e-mail us at support@denovoapp.com.

 

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Communication and Privacy


From time to time, we may use your email address to send you messages notifying you of important changes to the Services or special offers.  We will do our best to do this sparingly.

 

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Term and Termination


This Agreement will become effective upon your acceptance of the Agreement, which is demonstrated by your use of the Services.  The Agreement between you and De Novo will remain in effect in perpetuity unless terminated hereunder.  De Novo reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason.  We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that any fees that may be due you from De Novo (including placement bonuses, referral bonuses, etc.) will be forfeited.  You may terminate your account by deleting the De Novo app or emailing support@denovoapp.com and requesting the deletion of your account.

 

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General Provisions


1. Controlling Law.  Except to the extent they are preempted by U.S. federal law, you agree that California law (without giving effect to its conflicts of law principles) will govern any claim or dispute arising out of or relating to this Agreement (whether the claim arises in contract, tort, or otherwise).

 

2.  Jurisdiction and Venue. You agree that any dispute arising out of or relating to this Agreement or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in California.  You and De Novo agree that all claims and disputes will be litigated in the Superior Court of California, County of Los Angeles.  If, however, the claim concerns a federal question, then you agree that the dispute will be litigated in the United States District Court for the Central District of California.  You (and De Novo) agree to the personal jurisdiction of both courts.  

 

3.  Right to Seek Extraordinary Relief.  You also acknowledge and agree that any violation of this Agreement may cause De Novo irreparable harm, and therefore agree that De Novo will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that De Novo may have for a breach of this Agreement.  

 

5.  Time Limit on Cause of Action.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related this Agreement or the use of the Services must be filed within one (1) year after such claim or cause of action arose.  Otherwise, the claim or cause of action is barred.  

 

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Class Action Waiver

Pay attention!!  You knew we’d have this.  You’d advise us to.  To the extent permitted under the applicable law, you and De Novo agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class action or representative action.  Unless both you and De Novo agree, no judge or arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative or class action proceeding. 

 

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Miscellaneous

1. Agreement is Complete.  This Agreement, which you accept upon registration for the Services, the Privacy Policy, and any additional terms presented to you, comprise the entire agreement between you and De Novo regarding the use of the Services and supersede any prior agreements.  (Any FAQ’s by De Novo –hopefully obviously – are for informational purposes only and are not deemed to be part of this Agreement.) 

 

2.  Survival of Terms.  Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. 

 

3.  No Waiver.  The failure of De Novo to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. 

 

4.  Severability.  If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. 

 

5.  Section Titles Don’t Mean Anything Legal.  Like the contracts you draft, the section titles in this Agreement are for convenience only and have no legal or contractual effect.

Thanks for reading these!  And again, please reach out to us at support@denovoapp.com with any feedback on this Agreement or our Services.  We would love to hear anything you have to say!