Terms of Use

This beta version of Fewchar, a product from JobMethods, Inc. (“JobMethods,” “we,” or “us”), provides a venue through which individual professionals (“Users” or “you”) can locate and engage other professionals for mentorship or to request or provide advice or guidance regarding career opportunities. These Terms of Use (“Terms of Use”), together with our Privacy Policy (“Privacy Policy”), govern your use of the Fewchar website and mobile application (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms of Use and our Privacy Policy (collectively, the “Terms”). If you do not agree to abide by the Terms, you are not authorized to use or access (or continue to use or access) the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND TERMS OF USE. YOU UNDERSTAND THAT YOU ARE USING A BETA VERSION OF THE SERVICES AND THAT WE ARE LIKELY TO MAKE ADDITIONAL CHANGES TO THE SERVICES BEFORE WE MAKE THE SERVICES GENERALLY AVAILABLE FOR USE.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

MODIFICATION OF THE TERMS OF USE

We may periodically modify the Terms of Use. If we make material changes to the Terms of Use we will notify you via the Services (e.g., by posting a notice on our website or mobile application) indicating that the Terms of Use have been changed. BY CONTINUING TO USE THE SERVICES YOU ARE CONSENTING TO THE REVISED TERMS OF USE. If you do not agree with any modifications to the Terms of Use you must cease using the Services.

USE OF THE SERVICES

Subject to compliance with these Terms of Use, we grant Users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Services in accordance with the Terms. When using, accessing, or purchasing particular services or features available as part of the Services, in addition to these Terms of Use you will be subject to any posted JobMethods terms, guidelines, or rules applicable to such services or features that may be posted from time to time. All such terms, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

Users may submit certain content, including information shared on their profiles and during interactions with other Users (collectively, the “Content”). As a condition of your access and use of the Services and your submission or access to any Content, you agree not to use the Services for any purpose that is unlawful, prohibited by the Terms, or not intended by JobMethods.

BETA TERMS

As a participant in our pre-release program, you are obtaining early access to the Services. As a participant, we may ask you from time to time during the pre-release program for your input regarding the Services and the Site and we would appreciate your candid feedback. You hereby grant us an irrevocable license to use in any manner any such feedback you provide, including without limitation to improve the Services.

SUSPENSION AND TERMINATION

We may terminate or suspend your access to or use of the Services for any reason, including suspected violations of the Terms of Use. All provisions of these Terms of use which by their nature should survive termination shall survive the termination of your access to the Services, including provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

“JobMethods,” “Fewchar,” and other Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of JobMethods or our licensor’s in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

Content and other material made available on the Services is protected by copyright and other intellectual property laws. Aside from User-submitted Content, all other materials and other information on the Services, including all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of JobMethods and/or our licensors and are protected by all United States and international copyright laws.

DISCLAIMER OF WARRANTIES

ALL USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED VIA THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL JOBMETHODS OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, EVEN IF JOBMETHODS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, JOBMETHODS SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO THE DISCLOSURE OR DISPLAY OF ANY CONTENT YOU POST OR SUBMIT TO THE SERVICES OR FROM ANY INTERACTIONS WITH OTHER USERS OR ANY OTHER USE OF THE SERVICES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

IN NO EVENT SHALL JOBMETHODS’S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE CONTENT OR SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $50.

INDEMNITY

You agree to indemnify and hold harmless JobMethods, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to us or that you submit, transmit or otherwise make available through the Service; (c) any intentional or willful violation of any rights of another or harm you may have caused to another, or (d) your use or provision of services in connection with the Services. We may elect to control the defense of any such damage or claim.

GOVERNING LAW AND ARBITRATION; NO CLASS ACTIONS

The Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of the State of California regardless of your country of origin or where you access the Services. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for JobMethods’ right to seek injunctive relief as set forth below.

If you do not want to arbitrate disputes with JobMethods and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@fewchar.com within 30 days of the day you first access or use the Services.

If you intend to seek arbitration you must first send written notice to our [Customer Service Center] of your intent to arbitrate (“Notice”). The Notice to JobMethods should be sent by any of the following means: (i) electronic mail to CustomerService@fewchar.com; or (ii) sending the Notice by U.S. Postal Service certified mail to JobMethods, Inc., 98 Mission Tierra Pl, Fremont, CA 94539, USA, Attention: "Customer Service Center - Arbitration Dept.". The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by the Terms. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of the Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or JobMethods may elect to have the dispute resolved through non-appearance-based arbitration.

To the fullest extent permitted by applicable law, YOU AND JOBMETHODS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND JOBMETHODS EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and we agree that all claims arising out of or related to the Terms must be resolved exclusively by a state or federal court located in San Francisco California, and you and we each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that we shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Services or the Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

MISCELLANEOUS

These Terms of Use and other agreements, rules, and policies incorporated by reference to the Terms including the Privacy Policy, constitutes the entire agreement between you and JobMethods. If you breach any term of this Terms of Use or other agreement with us, we may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Failure of JobMethods to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate the Terms and our rights and obligations without consent. Users of these Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and JobMethods as a result of these Terms of Use or use of the Services. By use of the Services, you consent to receive electronic communications from us (via email or via a posting on the Services), and you agree that any such communications satisfy any legal requirement to make such communications in writing.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Use, please contact us at legal@fewchar.com. We will address any issue to the best of our abilities.