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.
USE OF THE SERVICES
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.
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
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.
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 firstname.lastname@example.org 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.