Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party websites and/or resources (collectively), “(“Third-Party Links”); and/or (ii) text, video and/or other information pertaining to employment matters and job listings, as well as related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); (c) accesses any of the job listings (“Listings”) as made available by Company’s third party employment advertising partners (“Third-Party Employers”); and/or (d) utilizes the various Contact Methods available on the Site as a means to request to be contacted by Company, Companies’ marketing partners, Third-Party Employers and/or affiliates (collectively, “Contact Services,” and together with the Site, Content and Listings, the “Site Offerings”). By using and/or accessing Company, Users agree to comply with and be bound by the Agreement in its entirety.
By using and/or accessing Company, Users agree to comply with and be bound by the Agreement in its entirety.
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, AFFILIATES, AND/OR MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
THE SITE MAY PROVIDE A LIST OF THIRD-PARTY JOB POSTINGS AND NEITHER COMPANY NOR THE SITE IS AFFILIATED WITH ANY EMPLOYER. YOU MAY BE TRANSFERRED TO A THIRD-PARTY WEBSITE TO APPLY FOR A SPECIFIC JOB OPPORTUNITY.
PLEASE BE ADVISED THAT COMPANY IS NOT ENGAGED IN RENDERING EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE OFFERINGS SHOULD BE CONSTRUED AS SUCH. COMPANY DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE CONTENT, INFORMATION OR LISTINGS MADE AVAILABLE BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY EMPLOYERS, NOR DOES COMPANY REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR CONSTITUENT LISTINGS ARE ACCURATE, COMPLETE OR APPROPRIATE. COMPANY ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH CONTENT, INFORMATION AND/OR LISTINGS. CHECK WITH YOUR PROFESSIONAL ADVISORS BEFORE ACTING ON ANY CONTENT, LISTINGS AND/OR OTHER INFORMATION PROVIDED BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY EMPLOYERS. INCOME AND EMPLOYMENT RESULTS ASSOCIATED WITH THE USE OF THE SITE OFFERINGS ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE, WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF EMPLOYMENT, INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE SITE OFFERINGS.
1. Scope; Modification of Agreement
The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Termination of Access
The Site Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; and (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) (collectively, “Usage Requirements”).
The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.
Company may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Company believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
Company provides Users with the opportunity to: (a) conduct searches for various Third-Party Employers by city and job type; (b) view the Listings that match the Third-Party Employer search results; and (c) obtain contact information for such Third-Party Employers in order to contact them regarding their Listings.
Please be advised that: (i) Company does not itself provide the Listings and/or employment opportunities by and through the Site Offerings; (ii) neither Company nor the Site is affiliated with any employer; (iii) you may be transferred to a third-party website to apply for a specific job opportunity; and (iv) the Listings and the associated terms and conditions of any employment offering featured in the Listings (“Employment Offering”) will be determined by the subject Third-Party Employer and/or Third-Party Advertising Listing Partner.
Where a User attempts to utilize certain services on FindCareerNow.com, that User may be required to submit, and Company may collect, some or all of the following information: (A) the User’s full name; (B) the User’s e-mail address; (C) the User’s telephone number; (D) the User’s zip code; (E) the applicable job category: (F) the User’s highest level of education attained; (G) whether or not the User is interested in continuing her/his education; and (H) any other information requested on the applicable form (collectively, the “User Data”).
Please be advised, however, that sharing your personal information is optional. You can access the Listings without submitting your personal information by clicking the “Not Interested” button adjacent to any information submission form allows User to skip any Site page that requires User to submit personal information. User can access the Listings without submitting personal information by clicking the “Not Interested.”
Upon entering User Data in connection with the use of FindCareerNow.com, and clicking on the applicable submission button on the Site, Company may pass User Data along to one or more of its Third-Party Employment Advertising Partners and/or educational marketing partners. Your User Data will only be shared with an Educational Marketing Partner(s) when you express interest in an educational offer and also consent to your User Data being shared for an Educational Offer.
YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD-PARTY EMPLOYER, MARKETING PARTNER AND/OR AFFILIATE.
4. No Endorsement
- Company operates the Site and Site Offerings as a passive conduit. Company does not sponsor, recommend or endorse any Third-Party Employer(s), Listings, and/or related employment offerings (“Employment Offerings”) that are accessible by and through the Site. The Site facilitates communication between Third-Party Employers and potential employees, as well as potential employers and Third-Party Partners and Affiliates.
- Company has no control over the quality of the Third-Party Employers, Listings or the Employment Offerings. The Listings contain descriptions that are provided directly by the applicable Third-Party Employment Advertising Partner. Company does not represent or warrant that such descriptions are accurate or complete. As a result, Company has no control over the truth or accuracy of the Listings.
- Company is not responsible for ensuring that the applicable Third-Party Employer, Third-Party Employment Advertising Partner and/or User actually enter into an employer/employee or any other form of relationship. Company does not guarantee that Users will successfully find employment through the Site Offerings.
- The determination of the need for employment and the choice of employers are extremely important decisions and should not be based solely on Listings, advertisements or rates offered by any Third-Party Employer and/or Third-Party Employment Advertising Partner. Company is not responsible for, and in no way endorses, any description or Listing by any Third-Party Employer and/or any Third-Party Employment Advertising Partner that is accessible through the Site Offerings. Company does not review the credentials or standing of any Third-Party Employment Advertising Partner. Therefore, Company makes no representation regarding the status, standing or viability of any Third-Party Employment Advertising Partner. When considering an Employment Offering, Users should make an independent investigation of, confirm and verify all claims made by, any Third-Party Employer and/or Third-Party Employment Advertising Partner. Users are encouraged to use caution when reviewing any information submitted in connection with a Listing. You understand and agree that Company shall not be liable to you or any third party for any Employment Offering offered by any Third-Party Employment Advertising partner.
- Company does not guarantee that Users will successfully find Listing Offerings through the Site Offerings.
5. Third Party Links/Content
The Site contains Content which includes, but is not limited to, text, video and other information pertaining to employment matters and Listings, as well as regularly updated Third-Party Links. The Content is compiled, distributed and displayed by Company, as well as Third-Party Employers and other third-party content providers (collectively, “Third-Party Content Providers”). Company does not control the Content provided by Third-Party Content Providers that is made available by and through the Site Offerings. Such Third-Party Content Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. Company does not represent or warrant that the Content and other information posted by and/or through the Site Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Content Providers. Users agree that Company shall have no obligation and incur no liability to such Users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
Company does not involve itself in the agreements between Users and Third-Party Employers and/or Third-Party Employment Advertising Partners, or in the actual provision of Employment Offerings in connection with the relationships created thereby. Users are solely responsible for their interactions with Third-Party Employers and/or Third-Party Employment Advertising Partners. Because Company is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Employers and/or Third-Party Employment Advertising Partners or other Users, you hereby release Company from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
7. Proprietary Rights and License
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “FindCareerNow.com” and “Job App” names and logos, and all associated graphics, icons and service names, are trademarks of FinUnited Careers LLC. All other trademarks appearing by and through the Site Offerings are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 7. Company reserves any rights not explicitly granted in the Agreement.
8. Representations and Warranties
Each User hereby represents and warrants to Company as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User which is fully enforceable against User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User represents that she/he/it has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any order, judgment or decree applicable to User; or (ii) any agreement or other instrument applicable to User; and (d) its performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules or regulations.
9. User Conduct
You expressly agree that you will not use the Site to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Site. Specifically, you are expressly prohibited from: (a) using a robot, spider, scraper, or other automated technology to access the Site; (b) imposing a disproportionate load on the Site or its server infrastructure or otherwise attempting to interfere with the operation of the Site; (c) circumventing Company’s technological and physical security measures; (d) impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; (e) posting or transmitting content that infringes upon the intellectual property rights of other Users of the Site or third parties; (f) posting or transmitting content that is offensive, derogatory, or obscene; (g) posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and/or (h) posting or transmitting content intended to collect personal or personally identifiable information from Users or third parties. If you encounter content or witness behavior that you believe is inappropriate and/or violates this Agreement, you may report it to Company by sending an email to [email protected].
10. Disclaimer of Warranties
THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYMENT ADVERTISING PARTNERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO QUALIFY FOR AND/OR RECEIVE EMPLOYMENT OFFERINGS FROM ANY OF THE THIRD-PARTY EMPLOYERS AND/OR THIRD-PARTY EMPLOYMENT ADVERTISING PARTNERS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, THIRD-PARTY EMPLOYMENT ADVERTISING PARTNERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, THIRD-PARTY EMPLOYERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) THE FAILURE REALIZE ANY EMPLOYMENT, PROFESSIONAL, CAREER-RELATED AND/OR ECONOMIC BENEFIT; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, THIRD-PARTY EMPLOYMENT ADVERTISING PARTNERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Each User agrees to indemnify, defend and hold Company, its members, officers, directors, employees, agents, affiliates and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User, Third-Party Employer or third-party; (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this section (Section 12) are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13. Third-Party Websites
The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, the Third-Party Employment Advertising Partners. Company does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third-parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Company may assign its rights and obligations under this Agreement at any time, with or without notice to you.
15. Dispute Resolution Provisions and Governing Law
The Agreement shall be treated as though it were executed and performed in Broward County, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration as set forth below; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer“). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if the Named Party(ies) prevail in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit and/or class arbitration as to any claim, dispute or controversy that you may have against any Covered Party and/or Company (including its employees, officers, directors, shareholders, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Company and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits and/or class arbitrations:(i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
17. Reservation of Rights
All rights not expressly granted herein are reserved by Company.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
7000 W. Palmetto Park Road, Suite 210
Boca Raton, FL 33433
A copy of any such notice must be emailed to [email protected], but email notice alone shall not comply with the notice requirements of this Agreement.