Welcome to SIFTLYnow.com, provided to you by SIFTLYnow.com, LLC (“SIFTLYnow™”, “we” or “us”). This website is an online platform through which freelance searching candidates (referred to as “Talent”) can create a profile to make themselves available to employers, contractors, and third-party recruiters (referred to as “Recruiters”) who use our recruiting services to find the most suitable talent for their clients/organization (the “Service”). Both talent and recruiters shall be deemed “Users” for the purposes of this Agreement.
1. Service terms and limitations
1.1 Your Content.
When you create/list your member profile on this website and post your profile information or job postings (collectively referred to as “Content”), you shall retain the ownership over your content, but grant a non-exclusive yet perpetual and royalty-free license to your content so that we may help you to find the most suitable jobs/candidates on this website.
When you use our recruiting service or submit your profile information/job postings on this website, SIFTLYnow™ and its collaborating partners shall be entitled to a worldwide, perpetual, irrevocable, freely transferable, sub-licensable, and royalty-free rights for all user-generated content that is being shared, communicated or published on SIFTLYnow.com, or other community forums and social media platforms being supported/sponsored by its collaborating partners. SIFTLYnow™ and its collaborating partners shall reserve unlimited rights to host, store, use, reproduce, distribute, display, publicly perform, publish, modify, and create derivative works of such content in any form, media or technology, whether now known or hereafter developed, for the purposes of operating, marketing, promoting, and improving our website and our Service.
Except as otherwise provided in this section, all forms of publication, redistribution or retransmission of the content on this website shall be prohibited, unless you retain the express consent of the content owner.
1.2 Our Content.
The website and the service are proprietary to SIFTLYnow™, and are protected by intellectual property and other laws. You should acknowledge that all user profiles, including the profile information and job descriptions (collectively referred as “SIFTLYnow™ Materials”), and software applications, specific features or services being offered on this website are fully protected as a collective work and/or compilation pursuant to the United States copyright laws and international conventions. All rights, titles and interests in and to such collective work and/or compilation, as a whole, shall vest with SIFTLYnow™. However, your submitted content that contributes to such collective works and/or compilations, shall be used as per the provisions in Section 1.1 above.
Besides the collective work and compilation, the logos, page headers, button icons, scripts, graphics and entire website presentation, including the brand names that have been used on the website in connection with our services are exclusive trademarks of SIFTLYnow.com. SIFTLYnow™ is a trademark of SIFTLYnow.com, LLC. You may not use any SIFTLYnow™ logo or any other proprietary graphic or trademark without our express written consent.
Any reproduction, modification, or creation of derivative works based on the website or the service (or any portions thereof) without the express written consent of SIFTLYnow™ is prohibited. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the website.
1.3 Your Account.
Access to SIFTLYnow.com, or use of its recruiting service shall be voluntary, but you are required to subscribe/ register as a member for creating your talent/recruiter profile, listing your profile/job postings, searching suitable talents/recruiters and using other features/value-added services being offered, or proposed to be offered on this website, or the websites of its collaborating partners. SIFTLYnow™ reserves a discretionary right to disallow the use of certain usernames or suspend a username at any time.
Your membership/subscription to this website shall be personal and non-transferable.
When you submit your personal information, or complete your member profile on this website, it shall be deemed that:
- Submitted information is true, accurate, current and complete to your knowledge, and you are willing to keep it that way by updating your profile information when required.
- You are willing to comply with this agreement.
- You are registering/uploading your profile/resume on the website for the sole purpose of finding a job (as a job seeker), or recruiting suitable employees for your clients (as a third-party recruiter), or current job openings in your organization (as an employer).
If we believe or become aware at any point that the submitted information is untrue, inaccurate, not current or incomplete, and you are trying to create a fabricated/fraudulent account on this website, we may exercise our discretionary right to suspend/terminate your account and prevent you from using our services in the future.
1.4 User Representations.
Accessing SIFTLYnow.com, and posting, publishing, communicating or sharing profile information or job descriptions through its recruiting service shall be deemed that:
- You have attained the legal maturity and qualifications to enter this Agreement.
- All information that you submitted for registering/subscribing with us or listing your profile/job postings is true, accurate, and complete.
- You are the owner of the submitted content, or duly authorized to disseminate such content.
- You are legally qualified and retain a work permit for the U.S.A.
1.5 Fee Policy.
SIFTLYnow™ reserves a discretionary right to charge for its services. At present, the participating talents/recruiters shall be allowed to create their Accounts for free. However, SIFTLYnow™ shall charge a matching fee from the participating recruiters.
The participating recruiters shall consent that their credit cards/payment instruments will be automatically charged (a matching fee of $300) for each successful submission. However, this matching fee shall be charged only when they get at least three candidates (talent) within three work days. If SIFTLYnow™ fails to submit at least three candidates (talent) to the participating recruiter, no matching fee shall be payable.
SIFTLYnow™ reserves a discretionary right to delete your account and block further use of the website or Service. In case your Account is terminated due to a breach of this Agreement, SIFTLYnow™ reserves a discretionary right to forfeit the matching fee without any offset or refund of any kind.
1.6 Refund Policy
Our ‘no question asked money-back guarantee' applies exclusively to first-time job posts. If a recruiter / job poster is not 100% happy with the experience of using SIFTLYnow.com for any reason for the first time, we’ll refund the charged credit card 100%. To redeem our ‘no question asked money-back guarantee’, simply email to hello@SIFTLYnow.com with the subject line ‘Please refund me’. A refund can take up to 10 days to be processed.
1.7 User’s Agreement; Restrictions.
When you access SIFTLYnow.com, list your resume or job profile on its recruiting services being offered on this website, it shall be deemed as your consent that you will:
- Comply with the provisions of this agreement.
- Comply with all local, state, federal and international laws, statutes, ordinances, rules, and regulations
- Maintain the confidentiality of your username and password
- Take full responsibility for the security, confidentiality and integrity of all messages or anything you post, disseminate, transmit, and store on this website.
- Fully discharge your financial obligations that may result from the use of your account, including the obligations that result from any unauthorized use of your credentials, prior to your notification regarding such unauthorized activity or taking steps to prevent such unauthorized activity i.e. changing the password.
All user profiles, including the profile information and job descriptions, search features, and other services being offered on this website are fully protected by respective copyright and trademark laws. You shall be entitled to access or download a member’s resume/job profile and related content for evaluating whether a particular candidate or job profile matches your requirement, but nothing on this website shall give you any ownership rights to edit, copy, reproduce, transfer, translate, reverse engineer, decompile, disassemble, create derivative works or redistribute the accessed/downloaded content (in any form or by any means) for selling, leasing, republishing or utilizing the content, in whole or parts thereof, without written permission from SIFTLYnow.com. You shall never do anything or engage in activities that amount to altering/removing proprietary notices or labels on the content or SIFTLYnow™ Materials.
You should acknowledge and consent that this website may temporarily become inaccessible or inoperable due to technical limitations, maintenance requirements, and unforeseen circumstances beyond the reasonable control of SIFTLYnow™.
2.1 Disclaimer of Warranties
The disclaimer of warranties shall constitute an essential part of this agreement. Subject to the applicable laws and your non-excludable rights, we disclaim all conditions and express or implied warranties to the fullest extent possible, including but not limited to the warranties of merchantability, accuracy, reliability, availability, suitability for a particular purpose and non-infringement of proprietary rights.
Subject to your non-excludable rights, you should acknowledge that:
- Our services shall be provided on ‘as is’ and ‘as available’ criteria without creating any kind of implicit or explicit warranties.
- We shall not be liable any fraudulent/illegal entities that camouflage like credible talents/recruiters, but engage in unsolicited behavior and activities.
- You shall take all the risks that are involved in accessing the Internet. We shall not be liable to any unauthorized access to your account, misuse of information or identity theft that might take place on SIFTLYnow.com, or the websites of its affiliates, sub-licensees and channel partners.
- Nothing in these terms and conditions shall be taken as an implicit or explicit guarantee of any kind, including but not limited to security, reliability, timeliness, availability, and suitability of published jobs, listed talents/recruiters, job search features and related services, the performance of the website or non-infringement of titles and/or property rights.
- Nothing in these terms and conditions shall be taken as an implicit or explicit guarantee that defects or errors will be quickly corrected; interruptions will be promptly restored, or the downloaded contents will be free from harmful viruses or malicious codes.
- Nothing in these terms and conditions shall be taken as an implicit or explicit warranty or representation of any kind regarding your access to the website or the accuracy, reliability, timeliness, completeness, suitability and availability of profile information, job postings, talents, recruiters, interviews or other services being offered on the website, or the website of SIFTLYnow™ Parties.
- Nothing in these terms and conditions shall be taken as
an implicit or explicit
- Your profile or listed job will be viewed more times
- You will get any responses from prospective talents or potential recruiters
- You will get to interview any talents or interviewed
- You will get a job or hire talent
- You will find the right job or get suitable talent for your listed jobs
- You will get any benefit of having a profile on SIFTLYnow.com
- Nothing in these terms and conditions shall make us responsible for the behavior of the participating members who may act as prospective talents or potential recruiters in our recruiting service or enter a contractor-employer relationship. The candidates/talent shall be solely responsible for their career prospects and the challenges of the new work environment. Similarly, the recruiters shall bear all the risks that may be involved in hiring talent or recruiting staff from our website.
- Nothing on this website shall be taken as an implicit or explicit guarantee or assurance that any listed talent is legally allowed or qualified to perform the job or work in the offered position within the country. As a recruiter, it shall be your responsibility to ensure that talent is legally entitled to work in the country you represent and that they are qualified for the listed jobs/offered positions.
- Nothing on this website shall be taken as an implicit or explicit assurance or guarantee that the participating member profiles on this website are correct and true. You should carefully review and apply your common sense before applying for the listed jobs. As a recruiter, you should cross check and re-evaluate the credentials of talent listed on this website. We shall not be liable for any consequences that may occur due to hiring an inefficient or unqualified candidate, irrespective of the fact that the candidate was verified and recommended on this website, or the websites of our collaborating partners.
2.2 Disclaimer of Third-party Information; Confidentiality.
All statements, opinions, views, reviews, suggestions, recommendations, or other communications that are made or appear in any accessible sections of this website shall be deemed as non-confidential. You should acknowledge that the participating recruiters, business entities, forum hosts and managers, or other content providers are not authorized spokespersons of SIFTLYnow™, and their views do not reflect our official opinion or endorsement.
Nothing on this website or communications, tendered advice and recommendations from our support executives and SIFTLYnow™ parties shall create any kind of implicit or explicit rights, conditions and warranties that have not been clearly mentioned in this agreement.
3. Online communications
3.1 User Submissions.
The verified and approved members should have a right to list their profile/job postings that may include profile information and job descriptions, collectively referred as the “User Generated Content”. SIFTLYnow™ reserves a right to monitor your activities on its recruiting service, community forums, social media platforms and other publicly accessible parts of the website, but it may not be possible to review everything about talent/recruiters and the use of its services. Therefore, it shall be your responsibility to ensure that your profile and posted, published, shared or communicated content adheres to our policies. SIFTLYnow™ shall take corrective measures only when it becomes aware of any violations or infringements of third-party rights.
You should acknowledge that your profile information/job description is not screened, edited, censored or otherwise controlled by SIFTLYnow™. Notwithstanding the foregoing, SIFTLYnow™ reserves a discretionary right to monitor and remove any User Generated Content at any time, without giving any prior notice for such removals. When SIFTLYnow™ believes or becomes aware at any point that posted, published, shared or communicated content does not comply with its guidelines or applicable laws, it may exercise its discretionary rights to edit, modify, delete or completely remove your content from this website. The following content shall never be tolerated on this website:
- Abusive, libelous, defamatory, obscene, offensive, or otherwise unacceptable profile, job description, or other content
- Fraudulent, deceptive, or misleading profile, job description, or other content
- Profile information, job descriptions and other content that violates copyright, trademarks, and intellectual property rights of the participating members or others.
Accessing SIFTLYnow.com, or posting, publishing, communicating or sharing profile information/jobs description, and other information on its recruiting service, public forums and social media platforms shall be deemed as your warrant that:
- You are not using fake identities.
- You own the copyright to the submitted content, or have all the necessary consents/authorizations to submit such content.
- You have not submitted/shared any kinds of confidential or proprietary information. SIFTLYnow™ is not responsible for maintaining the confidentiality of your profile information or content on the publicly accessible sections of this website.
- You have provided current, accurate and complete information and are willing to keep it that way by promptly updating it.
- You will never do anything or engage in activities that might impair or damage our reputation, cause an interruption/disruption of our services, or create anxiety, annoyance, or inconvenience for other users.
- You will never get involved in illegal activities or criminal offenses while using our services.
- You indemnify SIFTLYnow™ and hold it harmless against any loss, claim or consequences that may arise due to any alleged/actual infringement or misappropriation of proprietary rights in your posted/submitted content by us or any third-party.
3.2 User Restrictions
You should acknowledge that fraudulent and unlawful activities on SIFTLYnow.com are strictly prohibited. You shall be solely responsible for your content, submissions, and the way you use this website. You should always comply with applicable laws/regulations while accessing this website or using any services being offered on it. You should never use our recruiting service, social media platforms, or any other service being offered on this website for the following activities:
- Using simultaneous or multiple accounts to access our recruiting service.
- Advertising any products or services on your written resume/job postings or using your contact details to directly approach potential recruiters or job seekers.
- Sending junk emails, chain letters or unsolicited messages that amount to spamming or sharing unethical/illegal profiles, job descriptions, or testimonials for free, or in lieu of payment from third parties.
- Posting or transmitting any message, data, image or other content from, for, or otherwise in connection with third-party recruitment or staffing agencies, who shall be strictly prohibited from using this website.
- Posting or transmitting any message which is harmful, threatening, abusive, or hateful.
- Organizing surveys, gambling, pyramid schemes, money games, or any kind of cross soliciting.
- Stalking other users or phishing/gathering user information or other details of their personal profile and/or sharing such information with third parties for any other purpose without the explicit consent of the users.
- Providing false or misleading information, or doing anything that amounts to fraud, suspicious or unauthorized activity.
- Intercepting or attempting to intercept e-mails or other private communications not intended for you.
- Gathering data or trying to gain unauthorized access to another member’s profile, including but not limited to reverse engineering and other known or unknown technologies.
- Impersonating others, or creating a false identity for any purpose, including but not limited to, influencing potential recruiters or sending messages/emails that don’t reveal the true identity of its sender.
- Sharing obscene, vulgar or pornographic profiles and job descriptions, or publishing any kind of unlawful, discriminatory, indecent, or otherwise objectionable content for any purpose, including but not limited to influencing potential recruiters, raising sentiments and harassing, threatening or showing hatred against any individual, community, gender or race.
- Sharing resumes, profile information, job descriptions, or any content in violation of our copyright and trademarks, or infringing upon the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, trademarks or service marks that are used in an infringing fashion.
- Posting or sharing slanderous, defamatory or otherwise libelous content with or without any intentions of influencing the potential recruiters, raising emotions, threatening or harassing anybody, or acting in a manner that is defamatory, libelous and/or amounts to an infringement of anyone’s right to privacy or publicity.
- Sharing resumes, profile information, job description or other content that include root kits, malware, Trojans, viruses or other malicious codes, or using any known/unknown technology to hack, crawl or gain access to members’ profiles, gather or modify user data, or affect the normal functioning of our website, or any services being offered on it.
- Organizing or committing any kind of immoral or potentially immoral activities, including but not limited to, pornography, prostitution, money laundering, terrorist recruitment and any form of organized crime.
- Offering services or inviting proposals for any positions, jobs or services that have been prohibited by local, state, national, or international laws.
- Uploading or downloading files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or have received all necessary consents.
- Increasing load on our infrastructure or launching a denial of service attack using any known or unknown technology, or engaging in activities that disrupt our services and/or interfere with our network in violation of its policies and procedures.
- Engaging in any activity that tarnishes our reputation or compromises/interferes with another member’s right to use our services.
- Using any known or unknown technology to edit, modify, alter, remove, cover or deface our copyright, trademark, member’s profile, author attributions, legal notices or proprietary designations, user data and labels, identification or declarations regarding any services being offered on this website.
- Gaining unauthorized access to member’s profile or engaging in any activity that amounts to disassembling, recompiling, reconstructing, reformatting, reproducing, republishing, modifying, transferring or redistributing the member’s resume, profile information, job description or any other content being shared on this website, with the help of any known or unknown technology, including but not limited to the use of reverse engineering and other techniques of extracting source codes/algorithms and creating derivative works.
- Creating the impression to be an employee or agent of SIFTLYnow™, or engaging in any kind of activity that goes against the spirit or intent of this Agreement.
You should acknowledge that SIFTLYnow™ reserves a discretionary right to:
- Decide the process and procedures of using its recruiting and related services.
- Monitor your activity and use of its recruiting service and other accessible sections of this website.
- Review your uploaded resume, profile information, job description and other content, and edit, modify or remove such contents as required.
- Withdraw, suspend, or discontinue any functionality or feature/services being offered on this website.
- Delete emails or private messages after a specified time period, irrespective of the fact that such messages were read or remained un-accessed.
- Review the contents of email or private messages when such reviews are necessary in light of any applicable law or legal process.
5. Other websites
SIFTLYnow.com may contain ads or links to third-party websites, but these websites are governed by their own policies. You are strongly advised to carefully review the terms and conditions of these third-party websites and use your discretion while accessing any service being offered on these websites. The links to third-party websites are included for improving the knowledge base of our users and honing their skills, but some sites may contain inaccurate information, false, libel or misleading advertising, bugs, viruses or SPAM, or information which violates copyright, defamation or other laws. You may even find these sites as inappropriate or offensive. We shall not be liable for any consequences that may occur due to your reliance on listed/published advertisements, products, services, information, codes, data or materials that are sourced/offered by these third-party websites.
Publishing ads or posting links to third-party websites doesn’t mean that we are endorsing or sponsoring their contents, products or services, irrespective of the fact that these websites are owned or run by our channel partners and business associates. SIFTLYnow™ does not control such sites and makes no representations concerning any effort to review the content of sites linked from or to, or listed on, the website. We disclaim all liabilities in matters related to your use of third-party websites.
6. Dealings with third-parties
SIFTLYnow™ is only providing a recruiting service to facilitate a contractor-employer relationship between the participating members. SIFTLYnow™ shall never be a party to your contract or relationship with any talent/recruiter or third-party service providers, irrespective of its role in transaction facilitation or dispute resolution.
You shall be solely responsible for your relationship, participation, correspondence or business dealings with the participating members or third-party service providers being listed on the recruiting service or other sections of this website, whether this relationship, participation, correspondence or business dealing relates to your search for the right jobs/suitable employees or delivery of goods or services in exchange for the agreed payment. SIFTLYnow™ makes no representations concerning such dealings. You should acknowledge and consent that SIFTLYnow™ is not a party to any such dealings, and shall not be responsible or liable for any loss, damage or other matters resulting therefrom.
You shall indemnify SIFTLYnow™ and hold its collaborating partners, subsidiaries, affiliates, service providers, agents, executives, and employees (Collectively referred as “SIFTLYnow™ Parties”) harmless from and against all liabilities, claims, damages or expenses, including but not limited to attorney’s fees and administrative charges that may arise due to:
- Your use of its recruiting service, mobile apps, forums and social media and other services.
- Your violation of this agreement or applicable laws.
- Your violation or infringement of the participating member’s rights.
- Your violation of third-party rights, including the rights of other talents, recruiters and business entities on its recruiting service or other accessible sections of the website.
- Your use or misuse of software applications, mobile apps, community forums, social media platforms, and other features/services being offered on this website.
9. Waiver; release; limitation of liability
SIFTLYnow™ shall not be held liable for any direct, indirect, minor, major, consequential, exemplary or special damages, including but not limited to, financial loss, low profits, loss of goodwill, data, credibility or other intangible losses that may arise in relation to your ability or inability to use the website or related services, links, information, advice, promises and/or other communications due to interruption, suspension, modification or termination of services, or negligence of duty, breach of contract, tort, strict liability or otherwise.
Some jurisdictions do not allow for any limitations of liability. In such jurisdictions, some of the foregoing limitations may not apply to you. However, in such cases, the total liabilities of SIFTLYnow™ or SIFTLYnow™ Parties shall never exceed the total amount of fees or subscription that you paid for using/receiving its services.
You shall consent to:
- Indemnify SIFTLYnow™ Parties and their representatives, and hold them harmless against all known or unknown, suspected or unsuspected, disclosed or undisclosed, and present or future claims, damages or consequences that may arise in relation to your use of its recruiting service or content being offered on this website.
- Waive your non-exclusion rights and benefits otherwise conferred in your jurisdiction to limit the scope of a release or waiver, irrespective of their statutory or non-statutory nature.
- Waive and relinquish your special rights and benefits that you have or may have as a California resident or granted under the similar provisions of the civil codes, laws and regulations for being a resident of certain jurisdictions. You shall waive your rights and benefits to the fullest extent that you may lawfully waive.
10. Third-party rights
The rights and legal remedies that have been mentioned in section 8 (Indemnification) and section 9 (Waiver, Release and Limitation of Liability) shall apply to SIFTLYnow™ Parties to the fullest extent. SIFTLYnow™ Parties shall be entitled to directly enforce their rights under these sections.
SIFTLYnow™ reserves a discretionary right to terminate your account when it believes or becomes aware that you have violated any provisions of this agreement.
Your SIFTLYnow™ Account may also be terminated due to technical issues, discontinuation/modification of services or on requests from law enforcement agencies. When your account is terminated, you shall be disqualified to access any feature or service being offered on this website. All files, contents, and password associated with your account shall be deleted.
You should acknowledge and consent that your profile can be deactivated/suspended by our administrative staff at any time and without any compulsion to give an explanation of such suspension/termination, irrespective of the fact that you upgraded your subscription to join our premium members. No claims, refunds or damages shall be entertained on the grounds that your member profile has been deactivated or suspended.
All pending obligations under sections 1, 2, 3, 5, 6, 8, 9, 10, and 13 of this agreement shall survive, irrespective of the termination of your Account.
12. Copyright or intellectual property infringement notification
We acknowledge the contribution of our channel partners, affiliates, service providers and members who upload their profile, render valuable services, and help us to provide premium features on this website. Whether the intellectual property rights are held by our contributors or the members of this website, we hold a very good faith that the users of this website will always respect your copyright and trademarks.
However, if you are confident that your copyright has been violated on this website, please write to us along with the following information, and we shall promptly address your concerns:
- A physical or an electronic signature of the copyright/intellectual property owner or the authorized representative of the owner who is alleging an infringement of his or her rights.
- Location where the alleged infringement has taken place.
- Information or description about the copyrighted profile, presentation, or content that you own.
- A Certification that you are the actual copyright owner or authorized to represent the case on behalf of the copyright owner. You should also warrant that the notice is accurate to the best of your knowledge.
- Your personal information like name, address, email and contact number.
- Your 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 the law; and
- Your statement under penalty of perjury that the information contained in the Infringement Notice is accurate, and that you are the copyright or intellectual property owner, or duly authorized to represent the copyright or intellectual property owner.
For infringement claims, please contact our agent designated to receive and act on violations under the Digital Millennium Copyright Act at officer@SIFTLYnow.com.
The provisions of this Agreement shall be interpreted in light of the employment/relevant laws in the State of California, without regard to principles of conflict of laws. Although we are offering a global job marketplace, we are not representing that listed talents or offered job positions are suitable for your field and country. As a job seeker, it shall be your responsibility to ensure that you are legally allowed to work in the field that you have mentioned in your profile/resume. Similarly, prospective recruiters should ensure that offered job is legally allowed in their country. If people outside the United States choose to access this website or use our services, they shall do so at their own initiative and ensure legal compliance as per the law of the land.
The contracting parties to this agreement shall consent to resolve all their disputes through mutual negotiations, without resorting to any form of class action. However, the parties to this agreement shall submit before the courts with competent jurisdiction in Santa Monica, California, United States.
The provisions of this Agreement shall be severable. If any provisions of these 'Terms and Conditions' are declared void by the courts of competent jurisdiction, the new provision/s in harmony and spirits of the impugned clause shall supersede, and the remaining provisions shall survive with the same legal force and validity.
You should acknowledge and consent that our inability in promptly responding against any possible infringement of our rights shall not be deemed that we have waived our right to enforce strict compliance in the future. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
The contracting parties to this agreement shall retain a right to raise a claim within one year from the cause of action, failing which the aggrieved party shall lose its right to raise any claim or initiate a cause of action.
If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
SIFTLYnow™ reserves a discretionary right to assign its rights and duties under this Agreement to any party at any time without notice to you.
All electronic disclosures, notices, communications, and agreements in matters related to your access to our website or use of any services being offered on it shall have the same legal sanctity as on communicated in writing. However, SIFTLYnow™ may notify you by written communication delivered through first class U.S. mail to your registered mailing address. You may communicate or send notice to SIFTLYnow™ at officer@SIFTLYnow.com or write to its mailing address at:
SIFTLYnow.com LLC, PO BOX 92, Venice CA 90291