TERMS OF USE
[Revised
July 24, 2017]
Welcome to LocalJobsForAll.com (hereinafter referred to as “Company”
"we," "us," or "our"). Before you begin to
use our website
("Website"), please review these terms and conditions
("Agreement") which form a legal agreement. This Agreement
provides the terms and conditions that govern your use of the Website and the
products and services provided through or in connection with the Website
(collectively, "Service"). The Company may revise these Terms and Conditions at any time by updating
this page. Changes will be binding on you on the date they are posted on the
Sites (or as otherwise stated in the any notice of such changes). Any use of a
Site will be considered acceptance by you of the then-current Terms and
Conditions. We may also offer other services that are governed
by different terms and conditions. You must read and agree with all of
the terms and conditions contained in this Agreement and the posted Privacy
Policy then in effect (Privacy Policy), which is
incorporated by reference, before you use the Service. If you do not
agree to be bound by the terms and conditions of this Agreement, you may not
use or access the Service.
You must be 13 years of age or older to visit or
use any our Website in any manner, and, if under the age of 18 or the age of
majority as that is defined in your jurisdiction, must use our Website under
the supervision of a parent, legal guardian, or other responsible adult.
Our Website acts as, among other things,
venues for (i) employers to post job opportunities
and search for and evaluate job candidates and (ii) candidates to post resumes
and profiles and search for and evaluate job opportunities. The Company does
not screen or censor the listings, including any profiles offered. In addition,
the Company is not involved in, and does not control, the actual transaction
between employers and candidates. As a result, the Company is not responsible
for user content, the quality, safety or legality of the jobs or resumes
posted, the truth or accuracy of the listings, the ability of employers to
offer job opportunities to candidates or the ability of candidates to fill job
openings and we make no representations about any jobs, resumes or content on
our Website.
These Terms of Use contain provisions that govern how claims you and we
may have against each other are resolved (see below at section 16), including
our agreement and obligation to arbitrate disputes, which will, subject to
limited exceptions, require you to submit claims you have against us to binding
arbitration, unless you opt-out. Unless you exercise your right to opt-out of
arbitration: (a) you will only be permitted to pursue claims against us on an
individual basis, not as part of any class or representative action or
proceeding and (b) you will only be permitted to seek relief (including
monetary, injunctive and declaratory relief) on an individual basis.
WE
ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THE FIRST PAGE OF THIS
WEBSITE. UPON ENTRY OF YOUR INITIAL INFORMATION, YOU WILL BE REDIRECTED
TO A THIRD PARTY WEBSITE TO ASSIST YOU IN LOCATING A SERVICE PROVIDER. YOU
SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS OF THAT
WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS
WILL DIFFER FROM THESE.
1.
USER AGREEMENT.
Third Party Contact. You agree to be bound by and to
comply with these Terms and Conditions and the posted Privacy
Policy which is incorporated herein as
though fully set forth herein. Upon entering the requested information,
our technology will forward your information to one of our participating
service providers or to an aggregate of service providers who may contact you
to engage in a transaction. This may be done automatically and a new
window may appear or the service provider may contact you directly by
telephone, email or mail.
License to Use by Users who are Job Seekers. The Company hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. The Company reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
Your Representations. You further represent, warrant and agree that:
(i) All
information supplied by you is true and accurate (without limitation of the
foregoing, the provision of any speculative, incorrect, misleading, false or
fraudulent information is prohibited);
(ii) We will share the
information you enter on our website with our vendors, sponsors, advertisers,
service providers and marketers, lookup and reference services, other
unaffiliated third parties, and other entities that Company believes are able
to provide its Website users with offers and opportunities, as more fully
described in the Company’s posted Privacy
Policy;
(iii) Abuse of this Website may
result in your being denied access to such Website, as determined by Company in
its sole discretion;
(iv)
You understand and agree that we control only the
landing page and intake forms on this Website. After you have registered,
a participating service provider will be contacting you directly to provide you
with information regarding their products. We are not be responsible for
any service provider or aggregate who contacts with you and any subsequent
agreement you may enter into with such service provider or aggregator is at
your own risk;
(v) Your use of the Services is
subject to all applicable federal, state and local laws and regulations. The
Company further reserves the
right to comply, in its sole discretion, with legal requirements, requests from
law enforcement agencies or requests from government entities, even to the
extent that such compliance may require disclosure of certain User Information;
and
(vi)
You also give us permission to send you periodic
updates of services and products which may be of interest to you through email,
mail, or telephone.
2.
PROHIBITED USER CONDUCT.
Prohibition from Restricting Access to Site. You
are prohibited from any conduct that, in The Company’s sole discretion,
restricts or inhibits any other user from using or enjoying the Website or any
linked Website. You are prohibited from accessing or attempting to access
private areas of the Website or any other user's information. You are
prohibited from impersonating any person or entity or otherwise falsely stating
or misrepresenting your affiliation with a person or entity.
Prohibition of Copyright or Trademark Violations. You
are prohibited from using any data, content, and any information provided or
used on the Website, as well as your use of our Website, products and services
which will infringe or facilitate infringement on any copyright, patent,
trademark, trade secret, or other proprietary, publicity, or privacy rights of
any person or entity, including third-parties; or modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute, perform,
link, display or in any way exploit any Website content.
The Company respects the intellectual property of others. It is the Company's policy to respond to claims of copyright and other intellectual property infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, The Company may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The Company will terminate access for Users who are repeat infringers. To provide notice to The Company of an infringement, please refer to our DMCA page here.
Prohibition of Spreading Viruses,
Harvesting or Spamming: You agree that you shall not transmit to The
Company or upload to or through the Website (whether as User Content or
otherwise) any Harmful Code, or use or misappropriate the Website for your own
commercial gain. “Harmful Code” shall mean any software (sometimes referred to
as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead
devices,” “traps,” “access codes,” “cancelbots” or
“trap door devices”) that: (a) is designed to damage, disrupt, disable, harm,
impair, interfere with, intercept, expropriate or otherwise impede in any
manner, any data, storage media, program, system, equipment or communication,
based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of
users, (iii) passage of a period of time, (iv) advancement to a particular date
or other numeral, or (v) use of a certain feature; or (b) would enable an
unauthorized person to cause such result; or (c) would enable an unauthorized
person to access another person’s information without such other person’s knowledge
and permission. Without limiting the foregoing and by way of example only,
users may not:
· Generate
or facilitate unsolicited commercial email (“spam”). Such activity includes,
but is not limited to: (1) sending messages in violation of the CAN-SPAM Act
under U.S. law or any other applicable anti-spam law; (2) imitating or
impersonating another person or his, her or its email address, or creating
false accounts for the purpose of sending spam; (3) data mining any LocalJobsForAll.com property; (4) sending messages to users who have asked not to be
contacted; and (5) selling, exchanging or distributing to a third party the
contact information of any person without such person’s knowledge of, and
continued consent to, such disclosure.
· Send,
upload, distribute or disseminate any unlawful, defamatory, harassing, abusive,
fraudulent, infringing, obscene, or otherwise objectionable content, or offer
to do the same.
· Intentionally
distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or
any other Harmful Code or items of a destructive or deceptive nature.
· Conduct
or forward pyramid schemes or similar programs.
· Transmit
content that may be harmful to minors.
· Impersonate
another person (via the use of an email address or otherwise) or otherwise
misrepresent yourself or the source of any email.
· Transmit
another’s intellectual property or other proprietary or confidential
information without such owner’s or licensor’s permission.
· Violate
the legal rights (such as rights of privacy and publicity) of others.
· Promote
or encourage illegal activity.
· Interfere
with other users’ enjoyment of the Site.
· Create
multiple user accounts in connection with any violation of the Agreement or
create user accounts by automated means or under false or fraudulent pretenses.
· Sell,
trade, resell or otherwise exploit for any unauthorized commercial purpose, or
transfer, any LocalJobsForAll.com For account.
· Modify,
adapt, translate, or reverse engineer any portion of the Site.
· Remove
any copyright, trademark or other proprietary rights notices contained in or on
the Site.
· Reformat
or frame any portion of the web pages that are part of the Site without The
Company’s explicit written permission.
· Contact
other LocalJobsForAll.com For users about multi-level
marketing (MLM) programs, jobs that require payment to start, or any topics The
Company considers detrimental to its users.
· Create
multiple LocalJobsForAll.com For accounts without
permission.
· Bypass
any limitations or suspensions of functionality.
· Provide
false information.
The Company reserves the right to use any user content (including the content of messages or material sent through or to The Company) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. The Company reserves the right to use a variety of methods to detect and address anomalous activity and to screen user content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and The Company shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
3.
SERVICES PROVIDED BY US.
Online Marketing Services Only. This Website is an online network
marketplace. You agree that if you submit a request through the Website,
we will share your personally identifiable information such as your full name,
address, telephone number, and financial information (“PII”) with advertisers,
service providers or aggregators to process and fulfill your request. You
understand and agree that we are an advertising service only and are not
associated with nor claim to represent any of the merchants or brands listed on
the Website and these merchants and brands do not endorse the Website. All
trademarks, service marks, logos and/or domain names are the property of their
respective owners.
No Guarantees. Further, you understand and agree that no
guarantees are made on the availability of employment opportunities or services
provided by third parties, both of which vary depending on a number of factors
including but not limited to geographic region and timing. The service provider
with whom you make a transaction is solely responsible for its services to you.
You further acknowledge and agree that we are not acting as your agent or
broker and are not recommending any particular service, product or service
provider to you. Any compensation we may receive is paid by the service
provider or aggregate for advertising services we provided to them.
No Warranties. You understand that the requirements for a
particular product are made by the individual service providers and we do not
endorse, warrant, or guarantee the products or services from third party
service providers or advertisers.
No Liability. You agree that we shall not be liable for any
damages or costs of any type which arise out of or in connection with your use
of the service provider's services.
Mobile Services and Policy. When you opt-in to receive Job
Alerts via SMS Text Message, you give us permission to send you periodic
messages containing new job listings that are relevant to your registration
information. You may receive up to sixty (60) messages per month Monday
through Sunday from Short Code 91968, depending on your interaction with the messages. Supported
carriers include AT&T, Sprint, Verizon, Carolina West, Nextel, Cellcom, Virgin Mobile, C Spire, Boost, Cincinnati Bell,
T-Mobile, Cricket, U.S. Cellular, MetroPCS, T-Mobile
or other Wireless carriers are not liable for any delayed or undelivered
messages. You may opt out of receiving text messages by sending replying "STOP", "END", or "QUIT"
to any SMS text message your receive from us. You may also reply with
"HELP" or send an email to help@LocalJobsForAll.com
or call 1-888-752-7059 for support. Message & Data Rates May Apply to any
text/sms communication.
Other Products and Services. You also give us permission to
send you periodic updates of services and products which may be of interest to
you. Please note that information we provide you either on the website or
by email may not be used as the sole basis for your service provider decision,
and may not meet your particular needs. Please seek the advice of an
appropriate professional for an assessment of the service information provided
by the service provider.
4.
CHANGES TO TERMS AND CONDITIONS AND POLICIES.
Company reserves the right, in
our sole discretion, to change, modify or otherwise alter these Terms and
Conditions and the posted Privacy Policy, which appear on this Website at any
time for any reason which change, modification or alteration is effective upon
posting on the Website without further notice to you. It is your
responsibility to review the Terms and Conditions and the posted Privacy
Policy, for changes periodically. Any use of this Website will be considered acceptance by you of the then-current Terms and
Conditions (including any exhibits thereto) contained on such Website. If at any time you find the Terms and
Conditions unacceptable, you may not use the applicable Website
any longer. Any new or
different terms supplied by you are specifically rejected by The Company unless
The Company agrees to them in a signed writing specifically including those new
or different terms. The Company may change the Sites at any time. Your
continued use of the Website following the posting of changes and/or
modifications will constitute your acceptance of the revisions and the
reasonableness of notice of changes.
5.
REJECTION, TERMINATION AND CANCELLATION.
Company, its advertiser or
vendors may reject your registration or application with or without cause at
their sole discretion. Registration at this Website does not create an
employment relationship, an independent contractor relationship, an agency
relationship, or any other relationship.
You
understand and acknowledge that you have no ownership rights in your registered
information and that if you cancel your LocalJobsForAll.com For
registration or your application is terminated, all your registered
information with The Company will be marked as deleted in, and may be deleted
from, The Company's databases and will be removed. Information may continue to
be available for some period of time because of delays in propagating such deletion
through The Company’s web servers. In addition, third parties may retain saved
copies of your registration. The Company also reserves the right to delete your
registration and all of your information after a significant duration of
inactivity.
6.
MARKETING MATERIALS.
By registering, you are giving
your express consent to receive promotions or newsletters from Company, our
affiliates and/or third-party marketers. If you do not wish to receive
these emails, you may request to be removed by using the opt-out mechanism
listed in the email messages you receive. To opt-out of email promotions
from Company alone, you may simply use our convenient Unsubscribe
Email feature. Please note that exercising an
opt-out mechanism only applies to the company with which you exercised that
right.
7.
NO LIABILITY FOR THIRD PARTY CONTENT/PROMOTIONS, OR PRODUCTS.
The Website displays and makes
available third party content, promotions, advertisements, and offers, as well
as goods and services offered by third parties. You understand and agree
that Company shall not be responsible and shall have no liability for any
promotion, product or services or for your interactions with any third party
for whom Company displays offers. You participate and purchase third party
goods and services solely at your own risk. You have no remedy against us
for any interaction with a third party advertising through this Website.
8.
RELATIONSHIP WITH MARKETING ADVERTISERS.
This is an independent Website
and is not affiliated with any of the listed products. Trademarks,
service marks, logos, and/or domain names are the property of their respective
owners, who have no association with or make any endorsement of the products or
services provided by this Website. Furthermore, participating advertisers
are independent third parties and this Website is not acting as a principal,
agent or broker with respect to any advertisers.
9.
LINKED WEBSITES.
You may be able to link to third parties’ Websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by the Company in any way and the Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. The Company is not responsible for and does not make any representations regarding the accuracy of materials on such third party Web sites.
Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. In no event shall the Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website’s administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links. If you decide to access linked third-party Web sites, you do so at your own risk.
10.
INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual
property owned by the Company and other parties. As between the Company
and you, the Company is the sole owner of the Website and all materials on or
available through the Website, including without limitation, all applicable
U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other
intellectual property rights thereto (collectively, the “Website Content”).
Except as otherwise specifically provided in these Terms and Conditions,
you may not download or save a copy of the Website content or any portion thereof,
for any purpose; however, you may print a copy of individual screens appearing
as part of the Website content solely for your personal, non-commercial use or
records, provided that any Company or other marks, logos or other legends that
appear on the copied screens remain on, and are not removed from the printed or
stored images of such screens.
Except as otherwise expressly
permitted herein, you may not modify, copy, publish, display, transmit, adapt
or in any way exploit any portion of the Website content unless you first
obtain prior written consent from the Company -- and from all other entities
with an interest in the relevant intellectual property. Any unauthorized
attempt to modify any Website content, to defeat or circumvent Company security
features, or to utilize this Website for other than its intended purposes is
strictly prohibited.
11.
DISCLAIMER OF WARRANTIES.
The
Company disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, operability or availability of
information or material displayed in or linked from the LocalJobsForAll.com
search results (including Jobs Listings) or otherwise made available on the
Website by the Company or third parties (including user content). The Company
disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or
material (including user content). The Company disclaims any responsibility for
any harm resulting from downloading or accessing any information or material on
the Site or on other sites or services on the Internet accessed through the
Website. Under no circumstances shall the Company be liable to you or any third
party on account of your use or misuse of or reliance on the Website. The
Company assumes no responsibly for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or authorized access to, or alteration of, information received
or submitted in connection with the Website. The Company is not
responsible for any problems, errors or technical malfunction of any telephone
network or lines, computer on-line systems, servers or providers, computer
equipment, or software, or any failure of email on account of technical
problems or traffic congestion on the Internet or at any Website or combination
thereof.
THIS WEBSITE, AND ALL MATERIALS, INFORMATION,
ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR
THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE
FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES,
LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS,
RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE
WEBSITE CONTENT; AND (ii) ANY WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL
OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA;
OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE.
12.
LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS
PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS,
SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES
AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY
INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER
DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE
PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
THIS LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY
LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL
THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY THE COMPANY
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THE SITE AND ITS CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND
ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE
LIMITED TO THE AMOUNT YOU PAID THE COMPANY TO USE THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.
MONITORING WEBSITE USAGE.
You agree that Company may
electronically monitor the Website and disclose any content, records, or
electronic communication of any kind (i) to satisfy
any legal process or request; (ii) to operate the Website; or (iii) to protect
Company rights or the rights of the users, sponsors, providers, licensors, or
merchants.
Without
limiting the generality of the foregoing, The Company reserves the right (but
is under no obligation) to remove any job listing that directly or indirectly
discriminates against job seekers. Direct discrimination means, for example,
that a job listing specifically makes clear that only job seekers matching a
certain criteria are wanted, thereby excluding others because of, for example,
their gender, race, age or disability. Indirect discrimination means, for
example, that a job listing implicitly excludes certain classes of job seekers
by making it impossible for them to qualify for the job requirements. You
understand and agree that it is your responsibility to refrain from posting any
job listing that directly or indirectly discriminate against job seekers or
otherwise violate applicable law.
Please
note: Section 230 of the U.S. Communications Decency Act provides that:
(1)
Treatment of publisher or speaker
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.
(2)
Civil liability
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; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
14.
INDEMNITY.
You agree to defend, indemnify
and hold the Company, its parents, subsidiaries, partners, agents, affiliates,
licensors, advertisers, successors and assigns and their respective officers,
directors, employees and shareholders harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys’ fees, arising
in any way from, in connection with or as a result of your use or inability to
use the Website and or Website Content, any information provided to you by the
Website, or any violation of these Terms and Conditions by you.
15.
DEALINGS WITH THIRD PARTIES.
Your correspondence or business
dealings with any third parties as a result of your use of the Website and
participation in the Service, including, but not limited to, business dealings
with third party advertisers and providers on this Website their terms,
conditions, warranties, representations associated with such dealings, are
solely between you and such third party. You agree that the Company shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such third
party on the Website.
16.
DISPUTE RESOLUTION.
Please Read This Following Clause Carefully – It May Significantly
Affect Your Legal Right Rights, Including Your Right to File a Lawsuit In
Court.
Initial dispute Resolution: Most concerns may be quickly
resolved in this manner. The parties shall use their best efforts to settle any
dispute, claim, question, or disagreement directly through consultation and
good faith negotiations, which shall be a precondition to either party
initiating arbitration.
Agreement to Binding Arbitration: If the parties do not reach an
agreed upon solution with a period of thirty (30) days from the time informal
dispute resolution is pursued, then either party may initiate binding
arbitration. All claims arising out of or relating to this agreement (including
its formation, performance and breach), the parties’ relationship with each
other and/or your use of the Website shall be finally settled by binding
arbitration administered by the American Arbitration Association (“AAA”) in
accordance with the provisions of AAA’s Consumer Arbitration Rules, excluding
any rules or procedures governing or permitting class actions. The arbitrator,
and not any federal, state, or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability or formation of this agreement,
including, but not limited to any claim that all or any part of this agreement
is void or voidable. The arbitrator shall be empowered to grant whatever relief
would be available in court under law or in equity. The arbitrator’s award
shall be final and binding on the parties and may be entered as a judgment in
any court of competent jurisdiction, subject to review in accordance with
applicable statutes governing arbitration awards. The interpretation and enforcement
of this agreement shall be governed by the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE
ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR
BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE
ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL
COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR
FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL
NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE
NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE
ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES
ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT,
ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF
ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY
BE MORE LIMITED IN ARBITRATION THAN IN CIVIL COURT.
Class Action and Class Arbitration Waiver. The
parties further agree that any arbitration shall be conducted in their individual
capacities only and not as a class action or other representative action, and
the parties expressly waive their right to file a class action or seek relief
on a class basis. If any court or arbitrator determines that the class action
waiver set forth in this paragraph is void or unenforceable for any reason or
that an arbitration can proceed on a class basis, then the arbitration
provision set forth above shall be deemed null and void in its entirety and
parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through
arbitration, either party may seek relief in a small claims court for disputes
or claims within the scope of that court’s jurisdiction.
30-Day
Right To Opt-Out. You have the right to opt out and not be
bound by the arbitration provision provided above. If
you do not wish to be bound by this arbitration clause, you must notify the Company in writing
within 30 days after registering to use the Company website, or your rejection
of arbitration will not be effective. You must send your request to: arbitration@amplifymediasolutions.com.
Your request must include your telephone number(s) and a clear statement of
your intent, such as "I reject the arbitration clause stated in the
Company’s Website Terms and Conditions.” Please be aware that if you exercise
your right to opt-out, the Company also will not be bound by the arbitration
provision.
Excusive Venue For Litigation.
To the extent that the arbitration provisions set forth above do not apply, the
parties agree that any litigation between them shall be filed exclusively in
state or federal court located in Los Angeles, California (except for small
claims court actions which may be brought in the county where you reside). The
parties expressly consent to exclusive jurisdiction in Los Angeles, California
for any litigation other than small claims court actions.
17.
WAIVER AND SEVERABILITY OF TERMS.
No
Waiver. No failure or delay in enforcing any right or
exercising any remedy will be deemed a waiver of any right or remedy.
Severability
and Reformation. Each provision of this Agreement is a separately
enforceable provision. If any provision of this Agreement is determined to be
or becomes unenforceable or illegal, such provision shall be reformed to the
minimum extent necessary in order for this Agreement to remain in effect in accordance
with its terms as modified by such reformation.
18.
ENTIRE AGREEMENT.
This Agreement constitutes the
entire agreement between you and the Company and governs your use of the
Website and Service, superseding any prior agreements. You also may be
subject to additional terms and conditions that may apply when you use or
purchase other Company services, affiliated services, third party content or
third party software.
19.
STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY
STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF
RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1)
YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.