Last update: December 20, 2022
Welcome to Jobcase! We're so glad that you've chosen Jobcase, Inc. (“Jobcase”, “we”, “us”, or “our”) to drive success in your work life! You can click the links below to navigate to specific sections of these terms and conditions (the “Agreement”), but we recommend that you read this Agreement completely before using our website, www.jobcase.com, or our mobile app (together, the “Site”).
PLEASE REVIEW SECTION 18, TITLED THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW, THESE TERMS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH JOBCASE, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Changes to this Agreement
- Mobile Services
- Membership and Registration
- Premium Services
- Your Ownership Rights
- Jobcase Intellectual Property
- Links to Third-Party Websites
- Links to Our Site
- Social Networking Services
- Rules Governing Use of the Site and Services
- Complaints Regarding Copyright Infringement
- Representations, Warranties, and Covenants
- Limitation of Liability
- MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- Term and Termination
- General Provisions
- Notice for California Users
- Contact Us
The Site provides you with access to Jobcase's products, services, features, communications, and offerings (the “Services”). The details below describe your rights and responsibilities when you use the Site and the Services. By accessing or using the Site or Services in any way, or registering with Jobcase, you are agreeing to be bound by this Agreement.
If you are accessing the Site or using the Services on behalf of an organization that you represent, then you agree to bind both yourself as an individual, and your organization, to all of the terms of this Agreement, and all references to “you” shall also include such organization.
No agency, partnership, joint venture, employment, or franchise relationship is intended or created by this Agreement.
2. Changes to this Agreement
We reserve the right, in our sole discretion, to modify or amend this Agreement at any time by posting a revised version on the Site or by otherwise providing notice to you in accordance with applicable law. The revised Agreement will be effective when posted on the Site unless otherwise specified. Your continued use or access of the Site or Services constitutes acceptance of the updated Agreement. If you do not agree to any of the terms of the revised Agreement, you must not use or access the Site or Services.
3. Mobile Services
The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (“App”) (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.
App from Google Play Store. The following additional terms apply to any App you acquire via the Google Play Store (such software, “Google-Sourced Software”):
- you acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”);
- your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service;
- Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
- we, and not Google, are solely responsible for our Google-Sourced Software;
- Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and
- you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to our Google-Sourced Software.
Apple-Enabled Software Apps. The following additional terms apply to any App you acquire via Apple Inc. (such software, “Apple-Enabled Software”):
- We and you acknowledge that this Agreement is concluded between us and you only, and not with Apple, and that as between us and Apple, we, not Apple, are solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law.
- We and you acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using Apple-Enabled Software.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to us at the following email address: [email protected] , or by mail to 201 Broadway, Suite 7, Cambridge, MA 02139.
- We and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
4. Membership and Registration
Your Membership. A “Member” is any user who registers and creates an account on the Site. As between you and others, your account belongs to you.
You agree to:
- keep your password secure and confidential;
- not transfer any part of your account (e.g., profile);
- follow all applicable laws, rules, and regulation; and
- adhere to the Jobcase Code of Conduct
You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session when accessing the Service; and (c) change your password immediately if you suspect there is or might be unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with this Section or any unauthorized activities that occur under your password or account.
Registration. In order to access any of the Services, individuals and businesses will be asked to submit certain information about the user (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
Phone and SMS Communication. By creating an account on the Sites and providing your contact information, you agree that your registration constitutes an inquiry and/or application for purposes of telemarketing laws. When using the Sites or otherwise engaging with us, you may have the opportunity to consent to receive calls and/or text messages (including SMS and MMS messages). Please note the following:
- These messages may include those made to a wireless number using an automatic telephone dialing system or an artificial or prerecorded voice, from sites on the Jobcase Network, including the Site, and their affiliates and partners.
- The specific content and frequency of the messages will be communicated to you in conjunction with your consent, but the messages will generally be about employment opportunities, job search assistance, career advancement and educational opportunities, financial services, benefits information, or general consumer advertising.
- Your consent will be valid for the specific phone number or other telephonic or electronic form of contact you provided, including your home, work, cellular, wireless or other telephone number, even if that number is registered on a corporate, state, or national do not call (DNC) registry. Your consent to such calls and text messages is not required to use the Sites or Services, or to make any purchases. You can use our services without consenting to receive these calls or text messages to a particular phone or device by not providing the telephone number for that phone or device.
- We are able to deliver messages to most mobile service providers. Participating carriers include Participating carriers include AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel and Virgin Mobile.
- Participating carriers are not liable for delayed or undelivered messages.
- Your mobile service provider's data and messaging rates apply to all SMS correspondence we have with you (including those that we send to you, and those that you send to us). All charges are billed by and payable to your mobile service provider. If you have any questions about your text plan or data plan, please contact your mobile service provider.
- SMS message service subscribers may opt in to the SMS message service by replying with the keyword “START” or going to the Sites to start receiving SMS messages. SMS message service subscribers may opt out of the SMS message service by replying with the keyword “STOP”, “END”, or “QUIT” at any time. After you unsubscribe, we may send you a final SMS message to confirm that you have been unsubscribed. SMS message service subscribers may receive assistance for the SMS message service by replying with the keyword “HELP” to the message received.
- By consenting to receive SMS messages, you represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve any applicable charges and to consent to receive calls, texts or other communications at the number you provide.
If fees are charged to your wireless account, we may provide your carrier with your applicable information. Your wireless carrier may also collect data about your wireless device usage, and their practices are governed by their own terms. You acknowledge that the SMS message service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We are not responsible for any of the following:
- delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator;
- incomplete, lost, late, damaged, illegible or misdirected mobile messages;
- technical problems, malfunctions of any telephone lines, computer systems, servers, providers, or hardware/software;
- lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof; or
- any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with the SMS message service.
We assume no responsibility for undeliverable mobile messages resulting from any form of active or passive mobile filtering by a user's mobile provider or for insufficient space in a user's mobile phone account for messages. We do not guarantee that your use of the SMS message service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS message service.
5. Premium Services
Jobcase is a free service for our users.
However, from time to time, Jobcase may provide additional Services for you to purchase for a fee (“Premium Services”). This Section provides the terms and conditions for such Premium Services.
Additional Agreements. Before you purchase additional Services for a fee (“Premium Services”), you may also be asked to enter into an additional agreement(s) relating to such Premium Services (the “Additional Agreements”). Those Additional Agreements are made a part of this Agreement and will govern your use of the Services covered by the Additional Agreements. To the extent of a conflict between the terms of this Agreement and those Additional Agreements the terms of the Additional Agreements will govern.
Payment. If you purchase any of our Premium Services, you agree to the pricing and payment terms for the applicable Premium Services, as we may update them from time to time. Failure to pay these fees may result in the termination of your subscription. Your purchase may be subject to taxes.
Billing Policies. After expiration of your initial free trial period for the Premium Services, if any, your subscription will automatically renew every month or every year, in accordance with the terms of the Services you have chosen. You will be charged the rate stated at the time of purchase, every month or year, until you cancel using the account tools that we provide or by emailing us at [email protected] . Unless there is an explicit agreement stating otherwise, your rate is subject to change, but we'll always notify you beforehand. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Premium Services at the prices in effect when such charges are incurred.
Refund Policy. If you cancel, previous charges will not be refunded, but you may continue to use the applicable Premium Services until the end of the term you paid for. In the event that we suspend or terminate your account or this Agreement for your breach of this Agreement, you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of any Premium Services, any content or data associated with your account, or for anything else.
Third-Party Payment Processing. We may use a third-party payment processor (“Processor”) to process payments, for instance when users subscribe for Premium Services. Your use of the website and services of such Processor is governed by such Processor's policies. You authorize us and/or Processor to store and continue billing your specified payment method (e.g., credit card) even after such payment method has expired, to avoid interruptions in your Premium Services and to facilitate easy payment for new services. All information that you provide us and/or Processor in connection with a purchase or other monetary transaction must be accurate, complete, and current. You represent and warrant that such information is true and that you are authorized to use the applicable payment instrument.
Taxes. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions, including without limitation withholding taxes, royalties, know-how payments, privilege, excise, sales, use, value-added and property taxes (collectively, “Taxes”), except for those taxes based on our income. You will not withhold any Taxes from any amounts due. Taxes are calculated based on the billing information you provide us and/or Processor at the time of purchase. You will be responsible for all reasonable expenses (including attorney's fees) we or Processor incur in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. If at any time we are required by a taxing authority to pay any Taxes not previously collected from you, you will promptly pay such Taxes (including applicable penalties and interest, if any) upon written notice from us (which may be by email).
Changes to Premium Services Fees. We may add new Premium Services for additional fees and charges, or amend fees and charges for existing Premium Services, at any time in our sole discretion. Any changes to the fees for Premium Services will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
6. Your Ownership Rights
What You Own. You own the content, comments, pieces, ideas or other information in any form, including without limitation visual or audio data, that you submit or post through the Sites or the Services (“User Content”). You also own the suggestions, comments for enhancement or functionality, or other feedback you provide regarding the Sites or Services (“User Feedback”).
What You License To Us.
- By posting or otherwise transmitting User Content to us, you hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid up, royalty-free, worldwide license (with the right to sublicense directly or indirectly through multiple tiers) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), distribute, modify, prepare derivative works of, or incorporate into other works such User Content for any purpose—commercial, advertising, or otherwise—on or in connection with Jobcase, the Jobcase Network, the Services, or the promotion thereof.
- You hereby grant to us a non-exclusive, worldwide, royalty-free, fully paid up, perpetual and irrevocable license to copy, use, anonymize, aggregate, process and create derivative works of (a) data collected from your use of the Services, and data related to the functionality of the Sites and the Services and (b) data by combining or incorporating such data with or into other similar data and information available, derived or obtained from other Members, licensees, users, or other sources for improving our existing Services, developing new Services, generating, using, distributing and displaying statistics for marketing purposes (e.g., indicating the number of Members using certain Services) and other internal purposes.
- By submitting User Feedback you hereby grant us a royalty-free, fully paid up, worldwide, transferable, sublicensable (directly or indirectly through multiple tiers), irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and modify and create derivative works of the User Feedback in whole or in part; and (b) use the User Feedback in whole or in part, including without limitation, the right to make, have made, sell, have sold, offer for sale, have offered for sale, import, have imported and/or otherwise commercialize products or services that incorporate or are configured to use the User Feedback, in whole or in part. We have full discretion to determine whether and how to use or share your User Feedback.
- If you provide any testimonials about our Members, goods or services or place advertisements, such testimonials and/or advertisements constitute User Content, and we may post those testimonials and examples of advertisements you place in connection with our promotion of the Services to third parties. Testimonials and advertisements may include your name, likeness and other personal information that you have provided, and you grant us the unrestricted right to use, publicly display, and publish the same in any informational or promotional materials for any lawful purpose and in any manner, media, or formats now or hereafter known.
Restrictions and Limitations.
- You agree to only provide User Content and User Feedback if they do not violate the law or anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree to only provide accurate and truthful profile information. We may be required by law to remove certain information or content in certain countries. We also reserve the right to remove, alter and/or edit any User Content or User Feedback, or refuse to accept, post, display or transmit any User Content or User Feedback in our sole discretion.
- Under no circumstances will we be liable in any way for any content or materials of any third parties (including you or any other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
- Without limiting the foregoing, we and our designees will have the right (but not the obligation) to remove any content that violates this Agreement or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content and User Feedback, including any reliance on the accuracy, completeness, or usefulness of such content.
7. Jobcase Intellectual Property
What We Own.
- We and our licensors own all rights, title and interest in and to the Sites and the Services, and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights.
- The “Jobcase” name and logo, and our affiliates' and subsidiaries' names and logos, are our trademarks and no right or license is granted to you to use the Jobcase trademarks. Other company, product, and service names located on the Sites may be trademarks or service marks owned by third parties. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Sites without our prior written consent for each such use. No such trademarks may be used to disparage us or the applicable third party, our or a third party&aapos;s products or services, or in any manner (in our sole reasonable judgment) that may damage any goodwill in such trademarks. All goodwill generated from the use of any Jobcase trademark will inure to our benefit.
8. Links to Third-Party Websites
The Sites and the Services may provide, or third parties may provide, links or other access to third-party sites and resources that are not under our control, and we are not responsible for and we do not endorse such sites and resources. If you access a third-party site from the Sites or the Services, then you do so at your own risk. We provide such access or links only as a convenience, and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those third-party sites. Your use of any third-party websites and the services provided by them is governed solely by such site's policies.
You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Sites or Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
9. Links to Our Site
You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by us or any group or individual affiliated with us. You may not use on your site any Trademarks appearing on the Sites in establishing the link, without our prior written consent for each use. You may not frame or otherwise incorporate into another site the content or other materials on the Sites without prior written consent.
10. Social Networking Services
We are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
11. Rules Governing Use of the Site and Services
The Services currently enable you, among other things, to create a user profile, import a resume, search for employers and job listings, apply for open positions through job listings, interact with other Jobcase users (and Members), including businesses, and upload User Content (as defined below) to the Sites. The overall appearance, layout, design, and features of the Site are at our discretion and are subject to change at any time without notice to you. Certain activity or content on the Sites, such as job listings, may also be across our network of websites owned, operated, or powered by Jobcase. The “Jobcase Network” encompasses all online sites, including but not limited to this Site, affiliated with or powered, in whole or in part, by our technology and/or for which we are the owner or operator.
You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement and the Jobcase Code of Conduct, which is incorporated herein by reference. We reserve the right to discontinue any aspect of the Sites or the Services at any time and without notice, and also to report to law enforcement any actual or suspected illegal activities on our Sites or Services. All rights not expressly granted to you under this Agreement are reserved by us and our licensors.
12. Complaints Regarding Copyright Infringement
- We respect the intellectual property rights of others and desire to offer a platform without content that violates those rights. We require that information posted by Members or users be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, we provide a process for the submission of complaints concerning content posted by our Members and users. Our policy and procedures relating to complaints of copyright infringement are described below. Any complaints about content posted on the Sites by users that do not relate to alleged copyright infringement should be directed to [email protected].
- Whether or not we disable access to or remove content, we may make a good faith attempt to forward the written notification, including the complainant's contact information, to the Member or user who posted the content and/or take other reasonable steps to notify the Member or user that we have received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
- Any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
You Can Provide Notice of Copyright Infringement.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright or trademark rights have been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description specifying the location on our website of the material that you claim is infringing;
- your telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please submit your notice to our Copyright Agent at: dm[email protected]. Or contact us by mail at:
Attn: Copyright Agent
Cambridge, MA 02139
Attn: Copyright Agent
Cambridge, MA 02139
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that the removal or disablement of the material was a mistake or that the material was misidentified;
- Your full name, email address, and telephone number, and a statement that you consent to the jurisdiction of the Federal district court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the District of Massachusetts, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to our Copyright Agent via email to [email protected] or mail to the address specified above.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. Representations, Warranties and Covenants
You represent, warrant and covenant for our benefit that:
- you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of an organization, to bind the organization to the terms of this Agreement;
- you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and any applicable Additional Agreements;
- all User Content you provide to us and your access and use of the Sites and the Services is lawful and current; and
- your you own or control sufficient right, title and interest in and to User Content and that distribution of it, directly and indirectly, throughout the Jobcase Network does not and will not infringe or conflict with the rights of any third party.
You will indemnify, defend, and hold harmless us and our affiliates, and each of our respective employees, agents, officers, and directors (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorney's fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation by a third party against any Indemnified Party arising from or related to:
- your accessing the Sites or your use of the Services, including any User Content disseminated or transmitted by you;
- your breach of any term of this Agreement and/or applicable law; or
- your negligence or intentional misconduct in connection with this Agreement or your use of the Site or Services.
We will provide you with notice of any such claim or allegation, and we will have the right to participate in the defense of any such claim at our expense. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnified Party from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnified Party.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
THE PARTIES ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITES AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT REPRESENT OR WARRANT THAT:
- (A) THE USE OF THE SITES OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
- (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR
- (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY US WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF THE SITE OR THE SERVICES.
CERTAIN JURISDICTIONS LIMIT THE ABILITY OF COMPANIES TO MAKE DISCLAIMERS. THE ABOVE DISCLAIMERS AREINTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER SUCH LAWS. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER SUCH LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
16. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, INCREASED OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SITE, THE SERVICES, THE INFORMATION THEREON, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (A) THE USE OR INABILITY TO USE THE SITE OR THE SERVICES; (B) LOST OR DAMAGED DATA; OR (C) LOST PROFITS OR LOST REVENUE; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR WE HAVE BEEN NOTIFIED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE FOREGOING SHALL NOT APPLY TO CERTAIN STATES' RESIDENTS TO THE EXTENT ANY DAMAGES ARE CAUSED BY OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES, UNLESS YOU ENGAGE IN BINDING ARBITRATION AS SET FORTH BELOW.
YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF ANY PREMIUM SERVICES PROVIDED BY US WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID FOR SUCH PREMIUM SERVICES DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES, OR (B) $100. THIS RECOVERY FOR DAMAGES IS CUMULATIVE AND NOT PER INCIDENT.
All legal notices sent by you to us under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to our address in the “Contact Us” section below. Such notice will be effective upon the earlier of: (i) our receipt of the notice, or (ii) three business days after you placed the notice in the mail. We may deliver a notice to you by posting general notice on the Sites, which will be effective when posted.
18. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
a. Informal dispute resolution procedure
A dispute might arise between you and Jobcase (the “Parties”). If that happens, Jobcase is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and Jobcase, both Parties acknowledge and agree that they will first make a good faith effort to resolve it before initiating any formal dispute resolution proceeding in arbitration or otherwise by notifying the other Party and providing a written description of the dispute. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: [email protected]. For any dispute that Jobcase initiates, we will send our written description of the dispute to the email address associated with your account. The written description must be on an individual basis and provide at least the following information: your name, a description of the nature or basis of the claim or dispute, and the specific relief sought. Upon receipt of such notice, the Parties will promptly negotiate in good faith through one or more informal dispute resolution meetings. The informal dispute resolution meetings shall be individualized such that a separate meeting must be held each time either Party intends to raise a dispute. If either Party is represented by counsel, that Party's counsel may participate in any informal dispute resolution meeting, but the Party also must appear at and participate in the conference. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after delivery of the written notice of the dispute, you and Jobcase agree to follow the formal dispute resolution provisions set forth in this Section 18. Compliance with the informal dispute resolution process in this Section 18(a) is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the Parties engage in this informal dispute resolution process. Failure to engage in this process by a Party could result in the award of fees against such Party in arbitration.
b. Arbitration agreement
You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including their formation, performance, and breach) or payments by or to Jobcase, or that in any way relate to the provision or use of the Services, your relationship with Jobcase, or any other dispute you may have with Jobcase, shall be resolved exclusively through binding arbitration in accordance with this Section 18 (the “Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior agreement between the Parties as well as claims that may arise after the termination of this Agreement. This Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Jobcase expressly agree that the FAA shall exclusively govern the interpretation and enforcement of the arbitration provisions of this Agreement (Section 18). If for whatever reason the rules and procedures of the FAA cannot apply, the laws governing arbitration agreements in the Commonwealth of Massachusetts shall apply.
Except as set forth in this Section 18(b), 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 these Terms and this Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the Parties' decision to resolve disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights; for such purpose, intellectual property rights means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a Party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a Party's right to arbitration under this Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
You and Jobcase agree to submit to the personal jurisdiction of any federal or state court in Suffolk County, Massachusetts, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Except as set forth in Section 18(c) below, if any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the Parties nevertheless agree that the arbitrator or court should endeavor to give effect to the Parties' intentions as reflected in this Section 18, and the other provisions thereof remain in full force and effect.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. EACH PARTY HEREBY ACKNOWLEDGES AND AGREES THAT YOU AND JOBCASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
c. Class action and collective relief waiver
YOU AND JOBCASE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION 18(g), THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). EXCEPT AS SET OUT IN SECTION 18(g), UNLESS BOTH YOU AND JOBCASE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY&aapos;S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANY PERSON OR ENTITY THAT IS NOT A PARTY TO THE PROCEEDING.
Both Section 18(c) and Section 18(g) are an essential part of this Agreement, and if all or any part of them is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Jobcase may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator determines that either Section 18(c) or Section 18(g) are not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This Section does not prevent you or Jobcase from participating in a class-wide settlement of claims.
d. Arbitration rules
The arbitration will be administered by JAMS and resolved before a single arbitrator. If JAMS is not available to arbitrate, the Parties will promptly select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this Section 18, JAMS will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in each case applying the rules and procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class or representative actions. The JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at (800) 352-5267.
e. Initiating arbitration
Only after the Parties have engaged in a good-faith effort to resolve the dispute in accordance with Section 18(a), and only if those efforts fail, then either Party may initiate binding arbitration as the sole means to resolve such dispute. A Party that desires to initiate arbitration must deliver to JAMS and the other Party a demand for arbitration that satisfies the following requirements: (1) inclusion of the name, telephone number, mailing address, and email address of the Party seeking arbitration (if you are seeking arbitration, you must provide the email address associated with your Jobcase account); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and a good-faith calculation of the amount in controversy (requests for injunctive relief or attorneys' fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the Party's original signature; and (5) the Party's portion of the applicable filing fee. If the Party seeking arbitration is represented by outside counsel, the demand for arbitration must also include the counsel&aapos;s name, firm, telephone number, mailing address, email address, and original signature.
If you are initiating arbitration, hard-copy service of the demand to Jobcase shall be made in accordance with JAMS's rules and procedures to the following address: Jobcase, Inc., 201 Broadway, 6th Floor, Cambridge, MA Attention: General Counsel, and a copy of the same shall also be emailed to [email protected] . If Jobcase is initiating arbitration, it will serve a copy of the demand to the email address associated with your Jobcase account, as well as in hard copy if Jobcase knows your mailing address.
The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. When a Party is represented by outside counsel, counsel's signature on the demand for arbitration or any other paper submitted by or on behalf of counsel to JAMS or the arbitrator constitutes a certification that such paper complies with the standard set forth in Federal Rule of Civil Procedure 11(b). The arbitrator has the right to impose sanctions in accordance with the JAMS rules and procedures for any claims or submissions the arbitrator determines to violate such standard, as well as for a Party's failure to comply with Section 18(a).
f. Arbitration location and procedure
Unless you and Jobcase otherwise agree, if you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Suffolk County, Commonwealth of Massachusetts, United States of America. If the amount in controversy does not exceed $10,000 and neither Party seeks injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Jobcase submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or either Party seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be held via videoconference or telephone conference unless the Parties agree otherwise.
Subject to the applicable JAMS rules and procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the Parties, with the objective of maintaining the expedited, cost-efficient nature of the arbitration. The Parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. If a Party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Jobcase, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the Party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
g. Batch arbitration
To increase the efficiency of administration and resolution of arbitrations, in the event one hundred or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) or groups of such law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with Section 18(d) if JAMS is unavailable) against Jobcase within a reasonably short timeframe, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than one hundred arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Jobcase and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This Section 18(g) shall in no way be interpreted as authorizing class arbitration of any kind. Jobcase does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section 18(g).
h. Arbitrator's decision
The arbitrator will render an award within the time frame specified in the applicable JAMS rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with valid jurisdiction. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Agreement. The arbitrator's award of damages and/or other relief must be consistent with Section 18(c) and Section 16 as to the types and the amounts of damages or other relief for which a Party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with any person or entity that is not a named party to the arbitration.
Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
Pursuant to the applicable JAMS Rules and Consumer Arbitration Minimum Standards, you will be required to pay $250 to initiate an arbitration against Jobcase. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Jobcase to pay the portion of that fee that exceeds the cost of filing suit. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Jobcase will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorneys' fees in certain cases.
The Parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS's Rules when it deems appropriate (including as specified in Section 18(g)), provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The Parties also agree that a good-faith challenge by either Party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 18 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
j. Right to opt-out of arbitration
Jobcase's updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you agreed to a previous version of the Terms and did not validly opt out of arbitration. Jobcase will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms. If you create a Jobcase account for the first time on or after January 1, 2023, you may opt out of arbitration. To opt out, you must notify Jobcase in writing no later than 30 days after first becoming subject to these Terms. Your notice must include your full name, mailing address, the email address associated with your Jobcase account, a clear indication that you want to opt out of this Mutual Arbitration Agreement, and your original signature. The notice cannot be signed by your attorney, agent, or other representative, and you may only opt out on behalf of yourself individually. You must send your opt-out notice by U.S. Postal Service certified mail to Jobcase, Inc., 201 Broadway, 6th Floor, Cambridge, MA Attention: General Counsel. If you opt out of this Section 18, all other parts of this Agreement will continue to apply to you. Opting out of this Section 18 has no effect on any other arbitration agreements that you may have entered into with Jobcase or may enter into in the future with Jobcase. If you do not timely opt out of this Section 18, such inaction shall constitute mutual acceptance of the terms of this Agreement by you and Jobcase.
k. Changes to this Section
Jobcase may amend or modify this Section 18 by posting an update to this Agreement on the Site but no such change will apply to any individual claim of which Jobcase already has actual notice. If Jobcase amends or modifies this Section 18 after the date you first accepted this Section 18 (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing Jobcase written notice of such rejection by certified mail to: Jobcase, Inc., 201 Broadway, 6th Floor, Cambridge, MA Attention: General Counsel, and a copy of the same shall also be emailed to [email protected] within the 30 day period following the announcement of such change. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 18. In the event Jobcase receives an effective notice that opts you our of such changes, Jobcase may elect to terminate this Agreement in whole or in part. Jobcase's modifications or revisions to this Agreement do not provide you with an opportunity to opt out of arbitration if you were bound by a previous version of the Agreement that included arbitration provisions and you did not validly opt out of arbitration. If you reject changes pursuant to this Section 18 and were already bound by an existing agreement to arbitrate disputes under a previous version of the Terms, then such prior agreement shall remain in full force and effect.
19. Term and Termination
This Agreement will be effective for as long as you use or access the Sites or the Services. However, the sections below still apply beyond termination or expiration of this Agreement:
- Membership and Registration
- License and Ownership Rights
- Jobcase Intellectual Property
- Links to Third-Party Websites
- Social Networking Services
- Representations and Warranties
- Limitation of Liability
- MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- General Provisions.
We may terminate your Membership without cause, at any time and without notice to you. We may terminate your access to and use of the Site and/or any Services immediately if:
- based on our sole judgment, we determine that you have materially breached this Agreement in any manner, including but not limited to (i) violating the section of this Agreement titled Rules Governing Use of the Sites and Services, or (ii) infringing or violating any of our or any third party's intellectual property rights; or
- We substantially or entirely stop operating the Site or offering the Services.
The termination of your Membership will terminate your access to any Services for which registration is required. Neither we nor any of our affiliates will be liable to you or to any third party for termination of your Membership for any reason.
If your membership has been terminated, then you may only use the Services again if you have express written permission from Jobcase.
20. General Provisions
- In addition to any Additional Agreements, if applicable, this Agreement is the complete and exclusive statement of the agreement between us and you regarding Jobcase and the Sites and Services, and supersedes any other agreement or proposal, oral or written (including information on the Sites), and any other communications between us and you. If you have purchased Premium Services, the Additional Agreement(s) will govern to the extent of any conflict between this Agreement and the Additional Agreement(s).
- This Agreement will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of law principles. With respect to any disputes or claims not subject to arbitration, as set forth above, all disputes arising under this Agreement must be brought in the state or federal courts located in Boston, Massachusetts, and each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding.
- Except as expressly set forth herein, there are no other third-party beneficiaries under this Agreement.
- The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
- If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
- We will be excused from performance for any period during which, and to the extent that, we are prevented from performing any obligation or Service, in whole or in part, as a result of a cause beyond our reasonable control and without our fault or negligence, including, but not limited to, acts of God, acts of war, epidemics, fire, communication line failures, power failures, earthquakes, floods, blizzard, or other natural disasters (but excluding failure caused by a party's financial condition or any internal labor problems (including strikes, lockouts, work stoppages or slowdowns, or the threat thereof)) (a “Force Majeure Event”). Delays in performing obligations due to a Force Majeure Event will automatically extend the deadline for performing such obligations for a period equal to the duration of such Force Majeure Event.
- You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without our prior written consent. Any such assignment, delegation or transfer in violation of the foregoing will be null and void. We may freely assign, delegate or otherwise transfer this Agreement or any of our rights and obligations under this Agreement without your consent and without notice to you.
21. Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Contact Us
Please contact us at [email protected] or (617) 758-2001 to report any violations of this Agreement or to ask any questions regarding this Agreement. You may also contact us at Jobcase, 201 Broadway Street, Suite 7, Cambridge, MA 02139 Attention: User Support.