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