Terms of Use | JobzMall

Introduction

Welcome to JobzMall! This Terms of Service Agreement (“Terms”) governs your use of the JobzMall platform offered by JobzMall, Inc., doing business as JobzMall (“we”, “us”, or “JobzMall”), including our website (jobzmall.com), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site” or “Services”). “You” refers to you as a user of the Site.

JobzMall is committed to fostering a fair, respectful, and transparent environment for job seekers, employers, and all users of the Services. While these Terms set forth important rules for safety and reliability, JobzMall endeavors to administer the Platform in a reasonable and good-faith manner consistent with industry norms and user expectations. Nothing in these Terms is intended to restrict JobzMall’s ability to maintain the integrity and security of the Services.

By using our Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. Please read them carefully. Our Services are diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

This User Agreement constitutes a binding agreement between you and JobzMall, Inc., operating the Website for the country in which you live or in which business is headquartered. You agree to accept these Terms each time that you use or access any JobzMall website or the JobzMall Services.

The Privacy Policy referenced in these Terms covers only data that we collect through the JobzMall Services, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the JobzMall Services link, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy.

The JobzMall Services include any Web sites under JobzMall's control, whether partial or otherwise, as well as any and all applications and services offered by JobzMall, including an online service to post and search for employment opportunities, as well as any application accessed through the Facebook Platform and/or any mobile or other application or interface that allows you to access any JobzMall Services. The JobzMall Services may also include online communities and communication tools designed to facilitate valuable professional and personal networking (“JobzMall Networking”) among users of the JobzMall Services (the “Users”). The JobzMall Services also include features designed to allow Users to create individual profiles (a “Profile”), which may include personal information, and to make these Profiles, or aspects thereof, public. In addition, JobzMall may collect information about you from publicly available websites and may use this information to create a Profile or append it to an existing Profile.

JobzMall may revise these Terms at any time by posting an updated version to this Web page or by emailing the email address associated with your account, and the most current version will always be at this Web page. The revised Terms will become effective immediately after we post or send you notice of such changes. If you use the Services after that date, your use will constitute acceptance of the revised Terms. If any change to these Terms is not acceptable to you, your only remedy is to stop using the Services and send a cancellation request to our support team.

Users who violate these Terms may have their access and use of the JobzMall Services suspended or terminated, at JobzMall's sole discretion.

You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site. By accessing and using the JobzMall Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are accepting these Terms and using the Services on behalf of an institution, company, organization, government, or other legal entity (individually or collectively, an “Institution”), then (a) “you” includes you and that Institution, and (b) you represent and warrant that you are an authorized representative of the Institution with the authority to bind the Institution to these Terms, and that you agree to these Terms on the Institution's behalf. You may use the JobzMall Services only in compliance with these Terms, any other agreement entered into by your Institution relating to the JobzMall Services, and all applicable local, state, national, and international laws, rules and regulations.

Privacy Reminder

Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify JobzMall of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

Please click here to view JobzMall's Privacy Policy.

Age and Eligibility You certify that you are a person at least 13 years of age. Services may only be used or accessed through an electronic device controlled by you at all times. A valid JobzMall account may only be created and maintained if you provide valid information in the signup process, and you regularly update such information to assure its accuracy. You shall be responsible for maintaining the confidentiality of login information associated with your account. Each user must have unique login credentials that must not be shared by multiple users. You are responsible for all activities that occur under your account.
Temporary Use License During the period for which you are authorized to use the Services, and subject to your compliance with the terms of this Agreement, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license, to use the Services for your internal business or personal purposes according to the service capacity of your account. Any rights not expressly granted herein are reserved and no license or right to use any trademark of JobzMall or any third-party is granted to you in connection with the Services.
Use of JobzMall Content JobzMall authorizes you, subject to these Terms, to access and use the JobzMall Services and the JobzMall Content (as defined below) solely for your personal, non-commercial use. The contents of the JobzMall Services, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other JobzMall content (collectively, the “JobzMall Content”), are protected under copyright, trademark and other laws. All JobzMall Content is the property of JobzMall or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the JobzMall Services is the exclusive property of JobzMall and is protected by copyright, trademark, and other laws. Unauthorized use of the JobzMall Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original JobzMall Content on any authorized copy you make of the JobzMall Content. Any code that JobzMall creates to generate or display any JobzMall Content or any webpages or other components making up the JobzMall Services are also protected by JobzMall's copyright, and you may not copy or adapt such code. You agree not to sell or modify the JobzMall Content or reproduce, display, publicly perform, distribute, or otherwise use the JobzMall Content in any way for any public or commercial purpose, in connection with the products or services that are not those of the JobzMall Services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JobzMall or its licensors, that dilutes the strength of JobzMall's or its licensor's property, or that otherwise infringes JobzMall's or its licensor's intellectual property rights. You further agree to in no other way misuse JobzMall Content. The use of the JobzMall Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that JobzMall creates to generate or display any JobzMall Content or the pages making up any JobzMall Services is also protected by JobzMall's copyright and you may not copy or adapt such code.
Use of the JobzMall Services The job posting, resume database (“JobzMall Profile Database”) and other features of the JobzMall Services may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, JobzMall Networking may be used by individuals for permitted professional and personal networking purposes. Your use of the JobzMall Services is also subject to any other contracts you or your Institution may have with JobzMall, including but not limited to any membership or subscription. In the case of any conflict between these Terms and any contract you or your Institution have with JobzMall, the terms of that contract will prevail. The term “post” as used herein shall mean information that you submit, publish or otherwise make available to JobzMall via the JobzMall Services. You will not, directly or indirectly: (i) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Services available to any third party; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (where reverse engineering is permitted by applicable law to obtain such information as is necessary to achieve interoperability with JobzMall's services, you must first request such information from JobzMall); (iii) modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by JobzMall or authorized within the Services) or otherwise attempt to gain unauthorized access to the Services or its related systems or networks; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third-party; (v) remove, alter or obscure in any way any proprietary rights notices (including copyright notices) of JobzMall or its suppliers on or within the Services or documentation; (vi) violate any applicable laws or regulations (including without limitation in violation of any data, privacy or export control laws) or infringe the rights of any third-party in connection with the use or access of the Services. You shall comply with any codes of conduct, policies or other notices, JobzMall provides you or publishes in connection with the Services, and you shall promptly notify JobzMall if you learn of a security breach or issue related to the Services. Without limiting the foregoing, you acknowledge that JobzMall may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data, code or other content will be retained by the Services, the maximum storage space that will be allotted on JobzMall's servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the Services. You further acknowledge that JobzMall reserves the right to change these general practices and limits at any time, in its sole discretion. All JobzMall Users agree to not: (a) transmit, post, distribute, store or destroy material, including without limitation JobzMall Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of JobzMall's privacy policy; (b) take any action that, in JobzMall's sole discretion, imposes an unreasonable or disproportionately large load on any JobzMall Service's infrastructure; (c) use any device to navigate or search any JobzMall Services other than the tools available on the Services, generally available third party web browsers, or other tools approved by JobzMall; (d) use with any JobzMall Service any data mining, robots or similar data gathering or extraction methods; (e) violate or attempt to violate the security of any JobzMall Services, including attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; (f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (g) reverse engineer or decompile any parts of any JobzMall Services; (h) aggregate, copy or duplicate in any manner any of the JobzMall Content or information available from any JobzMall Services, including expired job postings, other than as permitted by these Terms; (i) frame or link to any JobzMall Content or information available from any JobzMall Services, unless permitted by these Terms; (j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses, or pirating media; (k) post any resume or Profile or apply for any job on behalf of another party; (l) defer any contact from an employer to any agent, agency, or other third party; (m) set more than one copy of the same resume to public at any one time; (n) share with a third party any login credentials to any JobzMall Services; (o) access data not intended for you, or log into a server or account which you are not authorized to access; (p) post or submit to any JobzMall Services any incomplete, false or inaccurate biographical information, or information which is not your own; (q) post content that contains restricted or password-only access pages, or hidden pages or images; (r) solicit passwords or personally identifiable information from other Users; (s) delete or alter any material posted by any other person or entity; (t) harass, incite harassment, or advocate harassment of any group, company, or individual; (u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you; (v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any JobzMall Services, overloading, “flooding” , “spamming” , “mailbombing” or “crashing”; (w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or (x) use the JobzMall Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that, according to JobzMall's sole discretion, is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind. Violations of system or network security may result in civil and/or criminal liability. JobzMall will investigate occurrences, which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Although JobzMall has no obligation to monitor your use of the Services, JobzMall may do so by using tools that detect patterns of abuse of Services, and investigating thereafter. Based on the outcome of these investigations, JobzMall may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

JobzMall aims to support a safe and reliable experience and appreciates Users’ cooperation in maintaining the accuracy and integrity of the information shared on the Platform. JobzMall may, at its discretion, review or address reported issues to help resolve concerns, although the Services are not obligated to monitor all activity.
Additional Terms Applicable to Potential Employers. Employers are solely responsible for their postings on JobzMall Services. JobzMall is not to be considered to be an employer with respect to your use of any JobzMall Services, and JobzMall shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any JobzMall Services. You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from JobzMall, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from JobzMall's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through JobzMall's web servers. In order to protect our JobzMall Users from commercial advertising or solicitation, JobzMall reserves the right to restrict the number of e-mails which an employer may send to Users to a number which JobzMall, in its sole discretion, deems appropriate. You shall use the JobzMall Services in accordance with all applicable privacy and data protection laws. Job postings A Job posting may not contain: (a) any hyperlinks, other than those specifically authorized by JobzMall; (b) misleading, unreadable, or “hidden” keywords, repeated keywords, or keywords that are irrelevant to the job opportunity being presented, as determined according to JobzMall's sole discretion; (c) except when expressly permitted by JobzMall, the names, logos or trademarks of organizations unaffiliated with your Institution; (d) the names of colleges, cities, states, towns or countries that are unrelated to the posting; (e) more than one job or job description, more than one location, or more than one job category, unless the position/employment opportunity so allows; (f) inaccurate, false, or misleading information; and (g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18. You may not use your JobzMall job posting, JobzMall Networking, or Profile to: (a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; (b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract; (c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; (d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit. (e) post jobs or other advertisements for competitors of JobzMall or post jobs or other content that contains links to any site competitive with JobzMall; (f) sell, promote or advertise products or services; (g) post any franchise, pyramid scheme, “club membership” , distributorship, multi-level marketing opportunity, or sales representative agency arrangement; (h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents; (i) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling; (j) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer's use of IRS forms W-2 or 1099; (k) post jobs on any JobzMall Services for modeling, acting, talent or entertainment agencies or talent scouting positions; (l) advertise sexual services or seek employees for jobs of a sexual nature; (m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy; (n) endorse a particular political party, political agenda, political position or issue; (o) promote a particular religion; (p) post jobs located in countries subject to economic sanctions of the United States Government; and (q) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (viii) age. JobzMall reserves the right to remove any job posting or content from any JobzMall Services, which in the reasonable exercise of JobzMall's discretion, does not comply with the above terms, or if any content is posted that JobzMall believes is not in the best interest of JobzMall. If at any time during your use of the JobzMall Services, you made a misrepresentation of fact to JobzMall or otherwise misled JobzMall in regards to the nature of your business activities, JobzMall will have grounds to terminate your use of the JobzMall Services. Use of the JobzMall Profile Database by Employers You shall use the JobzMall Profile Database in accordance with this Agreement and any contract you have with JobzMall. You shall also use the JobzMall Profile Database in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from JobzMall Profile Database to any third party, unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes. You shall take appropriate physical, technical, and administrative measures to protect any data you have obtained from JobzMall Profile Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Profile Database seat-based license login credentials with any other party, nor share Profile Database pay-per-view license login credentials with any party. The JobzMall Profile Database shall not be used: (a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders; (b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or (c) to source candidates or to contact job seekers or resume holders in regards to career fairs or any other business or employment opportunities prohibited by this section. In order to ensure a safe and effective experience for all of our customers, JobzMall reserves the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended in JobzMall's sole discretion from time to time.
Additional terms applicable to Job Seekers
- 6.1. Registration and Account Creation When you register for any JobzMall Services, you will be asked to create an account and provide JobzMall with certain information, including a valid email address. Any Profile you submit must be accurate and describe you, an individual person. Profiles may require standard fields to be completed. You agree not to include in these public fields any telephone numbers, street addresses, email addresses, or other direct contact details, other than your last name and URLs, except where explicitly requested by a specific form field.
- 6.2. User Video Content & Biometric Data Compliance
  - (a) Passive Storage Only. JobzMall provides tools that allow you to record, upload, and store audiovisual content, such as Profile Videos, Video Cover Letters, and asynchronous interview responses ("User Video Content"). You acknowledge that with respect to User Video Content, JobzMall acts solely as a passive service provider for the hosting, storage, transcoding, and transmission of files.
  - (b) NO BIOMETRIC ANALYSIS. JobzMall requires its third-party service providers to disable any biometric or facial recognition functionality and to use User Video Content solely for storage, transcoding, and delivery. JobzMall does not use facial recognition technology, facial geometry scans, voiceprints, or any AI analysis that identifies individuals based on physiological characteristics.
  - (c) Permitted AI Processing. You agree that JobzMall may use non-biometric artificial intelligence solely for the purpose of (i) speech-to-text transcription, (ii) keyword extraction from audio transcripts, and (iii) video compression/quality optimization. These processes rely on text and file data, not physical biometric templates.
  - (d) No Disclosure or Sale. In compliance with applicable law (including 740 ILCS 14/15(d)), JobzMall does not disclose, sell, trade, lease, or otherwise disseminate any biometric identifier or biometric information.
  - (e) Data Security. JobzMall uses reasonable standards of care within its industry and at least the same level of protection it uses for its own confidential data to protect any User Video Content or biometric-related data from unauthorized disclosure or acquisition.
  - (f) Employer Access & Chain of Custody. Once you provide User Video Content to an Employer, that Employer becomes an independent data controller with respect to such content. Employers are expressly prohibited from using User Video Content for biometric analysis, facial recognition, emotion detection, or any other activity regulated by BIPA or similar laws. JobzMall has no control over, and assumes no liability for, any Employer’s handling, retention, analysis, or sharing of such content. Employers assume all legal responsibility for compliance with applicable biometric privacy laws.
  - (g) Content Responsibility & Third-Party Rights. You are solely responsible for the content of your videos. You represent and warrant that no background objects (e.g., confidential documents, copyrighted art) or third parties (e.g., other people’s voices or faces) appear in the video without their explicit permission. You agree to indemnify JobzMall against any claims arising from the unauthorized recording of third parties in your User Video Content.
- 6.3. Resume and Profile Accuracy You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by you on the JobzMall Services. JobzMall reserves the right to offer third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter. Such offers may be made by JobzMall or by third parties. Please see our Privacy Policy for further details regarding your information.
- 6.4. SMS and Text Message Communications JobzMall may offer you the opportunity to receive text message interview reminders or other career-related notifications from JobzMall or Employers.
  - Consent: By providing your phone number to JobzMall, you expressly consent to receive text messages from us and from Employers you interact with, including messages sent by automated telephone dialing systems. You certify that you are the owner of the phone number provided.
  - Nature of Messages: Messages may include interview reminders, application status updates, and security verifications (2FA).
  - Opt-Out: To unsubscribe at any time from such text messaging services, reply STOP by text message to the telephone number or short code provided or contact the Help Center. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS.
  - Carrier Liability: JobzMall is not responsible for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. Standard message and data rates may apply.
- 6.5. Third-Party Calls JobzMall may insert functionality into messages relating to your application allowing you to place calls directly to third parties (e.g., Employers). Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by JobzMall. Your standard calling rates with your phone provider will apply.
- 6.6. Data Retention and Account TerminationYou understand and acknowledge that you have no ownership rights in your account or the Platform. If you cancel your JobzMall account or your account is terminated, all your account information, including resumes, Profiles, cover letters, saved jobs, and questionnaires, will be marked for deletion in JobzMall's databases and will be removed from any public area of the JobzMall Services. Information may continue to be available for a limited period in backup archives or due to delays in propagating deletion through web servers.
  - Third-Party Retention: You acknowledge that if you have previously applied to a job or shared your profile with an Employer, that Employer may have retained a copy of your data in their own systems. JobzMall cannot delete data held locally by third parties.
  - Inactivity: JobzMall reserves the right, in its sole discretion, to delete your account and all of your information after a significant duration of inactivity, subject to our data retention policies.
- 6.7. Reference Requests and Third-Party Outreach The Services may allow you to request professional references or invite third parties to provide feedback on your behalf ("Reference Requests"). If you choose to use this feature:
  - Representation of Consent: You represent and warrant that you have a personal or professional relationship with the third party (the "Referrer") and that you have obtained their prior explicit consent to share their contact information with JobzMall for the purpose of receiving an email invitation. You acknowledge that you are the "sender" of these emails for purposes of applicable spam laws, and JobzMall acts merely as a technical delivery agent.
  - No Spam: You agree not to use Reference Requests to send spam, harass individuals, or send messages to people who do not know you.
  - Indemnification: You agree to defend and indemnify JobzMall against any claims, penalties, or liabilities arising from your provision of a third party’s contact information without their consent or your misuse of the Reference Requests feature.
  - Referrer Account Creation: You understand that when a Referrer responds to your request, they will be required to accept these Terms of Service and our Privacy Policy, at which point an account may be created for them to manage their provided reference.
  - Reference Content Disclaimer: Any reference, feedback, or statement provided by a Referrer constitutes User Content. JobzMall does not verify, endorse, or guarantee the accuracy, completeness, or truthfulness of any reference and is not responsible for any false, misleading, or defamatory statements made by Referrers.
  - Employment Reliance: References are provided for informational purposes only. Employers and other users rely on references at their own discretion and risk. JobzMall is not responsible for hiring, employment, or other decisions made based on Reference Requests or reference content.
User Content and Submissions. You are solely responsible for all software, code, data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Services ("Your Content" or "User Content"). You are responsible for maintaining the confidentiality of usernames and passwords associated with your account and for all activities that occur under your account. JobzMall reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you grant JobzMall a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, reproduce, distribute, display, publish, store and perform Your Content as necessary to provide the Services and for security to protect the Services and third parties from fraud, malware, malicious files or content, viruses and the like. You further agree that JobzMall may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to Your Content), or for no reason at all; provided, that if you are a user of our Services in the European Economic Area (i) we will remove or disable Your Content or impose restrictions on your use of the Services in accordance with applicable laws including if it is illegal content, infringes the rights of third parties, or breaches this Agreement; (ii) if we remove, block or restrict your use of the Services or Your Content, you, and any third party that may have informed us about your use of the Services or Your Content, may contact us and we will review and consider your message with a view to promptly resolving any complaint and, if appropriate, we will explain any options you have to request another review. JobzMall claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through JobzMall, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through JobzMall, you grant JobzMall a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through JobzMall. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant JobzMall a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting JobzMall and its services. JobzMall will discontinue this licensed use within a commercially reasonable period after such User Content is removed from JobzMall. JobzMall reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. You also represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any JobzMall Services, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any JobzMall Services retains any and all rights that may exist in such User Content. JobzMall may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any JobzMall Services. JobzMall reserves the right to expel Users and prevent their further access to or use of the JobzMall Services for violating the Terms or applicable laws, rules or regulations. JobzMall may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for JobzMall, damage JobzMall's brand or public image, or cause JobzMall to lose Users or (in whole or in part) the services of its ISPs or other suppliers. JobzMall does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users, nor does JobzMall endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The following is a partial list of User Content that is prohibited on the JobzMall Services. The list below is for illustration only, and is not a complete list of all prohibited User Content. Content that: (a) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; (b) harasses, incites harassment or advocates harassment of any group or individual; (c) involves the transmission of “junk mail” , “chain letters, ” or unsolicited mass mailing, “spamming” or “phishing”; (d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; (f) contains restricted or password only access pages, or hidden pages or images; (g) displays or links to pornographic, indecent or sexually explicit material of any kind; (h) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or (i) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and/or (j) solicits passwords or personal identifying information from other Users. You may not include, in any User Content submitted to JobzMall Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. You also acknowledge that the User Content you submit may be used to create Profiles (“Derived Profiles”) which may also be made available through the JobzMall Services. JobzMall does not make any representations regarding the accuracy or validity of such Derived Profiles or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content. Please be advised that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. Do not submit creative ideas, inventions, suggestions, or materials. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), you hereby grant JobzMall a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for JobzMall to use and exploit in any manner and for any purpose. None of the Submission shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submission. JobzMall shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person. Employers may offer you the opportunity to participate in virtual and remote communications using JobzMall products, including but not limited to, JobzMall Interview, JobzMall Hiring Platform, phone interviews, virtual meetings, and video interviews (“JobzMall Rooms”). You understand that JobzMall is not a telecommunications service provider and that JobzMall is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. JobzMall does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. JobzMall is not liable for any claims arising out of your use of Virtual Interviews and you release JobzMall from any such claims. You understand that JobzMall does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews. NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by an Employer on Virtual Interview. If you do not agree to be recorded, you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that JobzMall and third party providers can store, access and analyze the recording. Also, you agree that an Employer activating the recording function, and subsequently accessing, storing, using, or analyzing the recording is outside of JobzMall’s control. YOU FURTHER AGREE THAT JobzMall IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE JobzMall FROM ANY SUCH CLAIMS. YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT JobzMall IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. JobzMall ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT JobzMall DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
Payment and Subscription. You may register as a job seeker at no cost. As a job seeker, you may use some, but not all, of the features and services available within the JobzMall Services. As an employer, to access or use additional features and services, including the ability to communicate with other Users that are subscribers, you must become a paying subscriber. The subscription policies that are disclosed to you when you subscribe become a part of these Terms, and supersede these Terms to the extent that they may conflict in any way. Absent special offers, such as free trial periods which may be offered from time to time to prospective subscribers and which may require you to opt out during the trial period if you do not wish to become a subscriber, you acknowledge and agree that if you are not a subscriber, you may not be able to use all the features and services available through the JobzMall Services. JobzMall bills you through an online account (Your “Billing Account”) for use as a paying subscriber. You agree to pay JobzMall all charges at the prices you agreed to for your subscription using your Billing Account, and you authorize JobzMall to charge your chosen payment provider (your “Payment Method”) for your subscription. You agree to make payment using that selected Payment Method. You also authorize JobzMall to charge you for any sales or similar taxes that may be imposed on your subscription payments. JobzMall may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with Your Payment Method, JobzMall may in its discretion terminate your account immediately. If JobzMall successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a pro-rated refund of any portion of the subscription fee paid for the then-current subscription period, except as expressly stated otherwise in this Agreement. If you cancel your subscription, JobzMall may require a reasonable amount of time to process the action. By subscribing, you authorize JobzMall to charge your Payment Method now and again at the beginning of any subsequent subscription period. Upon the renewal of your subscription, if JobzMall does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that JobzMall may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify JobzMall if your Payment Method is canceled (including if you lose access to your credit or debit card or other chosen method of payment), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Website. If you fail to provide JobzMall any of the foregoing information, you agree that you are responsible for fees accrued under Your Billing Account. In addition, you authorize JobzMall to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. All payments shall be made in the currency of, and within the borders of the United States. You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when JobzMall has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to JobzMall. If all or any part of any payment owed to JobzMall under this Agreement is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to JobzMall of the amounts otherwise payable under this Agreement. You will reimburse JobzMall any pre-approved and agreed upon costs. JobzMall may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next payment period. JobzMall will provide written notice to you for any changes to the fees that affect the Services purchased by you. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. JobzMall may terminate or suspend your subscription at any time without notice if JobzMall believes that you have breached these Terms. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. JobzMall is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement JobzMall respects the intellectual property rights of others, and will respond to notices of alleged copyright and trademark infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) your contact information, including your address, telephone number, and an email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. JobzMall reserves the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. To reach our designated copyright agent for notices of alleged copyright infringement, contact us at [email protected] or by regular mail at 2030 Main Street, Irvine, CA 92614.
Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others. JobzMall respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners' rights. As a condition to your use of the JobzMall Services, you agree not to use any JobzMall Service in a manner that infringes the intellectual property rights of others in any way. JobzMall reserves the right to terminate the accounts of any Users, and block access to the JobzMall Services for any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. JobzMall reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts at any time, in our sole discretion, of Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact JobzMall.
JobzMall's Liability. The JobzMall Services act as, among other things, venues for (i) potential employers to post employment opportunities and search for and evaluate job candidates and (ii) job candidates to post resumes and Profiles and search for and evaluate job opportunities. JobzMall does not screen or censor the listings, including Profiles offered. JobzMall is not involved in, and does not control, the actual transaction between employers and job candidates. As a result, JobzMall 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 job candidates or the ability of job candidates to fill job openings, and JobzMall makes no representations about any jobs, resumes or User Content on the JobzMall Services. While JobzMall reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the JobzMall Services from time to time, JobzMall does not assume any obligation to do so, and to the extent permitted by law, disclaims any liability for failing to take any such action. JobzMall Networking provides a venue for individuals to network for professional and personal purposes and JobzMall does not screen or censor the Profiles or User Content on the JobzMall Services. JobzMall is not involved in the actual communications between Users. As a result, JobzMall has no control over the accuracy, reliability, completeness, or timeliness of any Profile or User Content appearing or submitted on the JobzMall Services and makes no representations about any Profile or User Content on the JobzMall Services. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the JobzMall Services. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the JobzMall Services. Because User authentication on the internet is difficult, JobzMall cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or otherwise control the behavior of participants on any JobzMall Services, in the event that you have a dispute with one or more Users, You release JobzMall (and our agents, officers, employees, and affiliates) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law. The JobzMall Services and the JobzMall Content may contain inaccuracies or typographical errors. JobzMall makes no representations about the accuracy, reliability, completeness, or timeliness of any JobzMall Services or the JobzMall Content. The use of all JobzMall Services and the JobzMall Content is at your own risk. Changes are periodically made to JobzMall Services and may be made at any time. JobzMall cannot guarantee and does not promise any specific results from use of any JobzMall Services. No advice or information, whether oral or written, obtained by a User from JobzMall or through or from any JobzMall Service shall create any warranty not expressly stated herein. 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. ” JobzMall encourages you to keep a back-up copy of any of your User Content. To the extent permitted by law, in no event shall JobzMall be liable for the deletion, loss, or unauthorized modification of any User Content. JobzMall does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any JobzMall Service, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider. If you believe that something on any JobzMall Services violates these Terms, please contact our designated agent as set forth in Section 9 above. If notified of any content or other materials which allegedly do not conform to these Terms, JobzMall may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. JobzMall has no liability or responsibility to Users for performance or nonperformance of such activities.
Disclaimer of Warranty THE SERVICES ARE PROVIDED &quo;AS IS&quo; ,&quo;WITH ALL FAULTS&quo;, AND &quo;AS AVAILABLE&quo; AND JOBZMALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOBZMALL DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT ANY JOBZMALL WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY JOBZMALL SERVICES OR THE JOBZMALL CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT OR DATA OR ANY OTHER COSTS, JobzMall IS NOT RESPONSIBLE FOR THOSE COSTS. JOBZMALL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOBZMALL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE JOBZMALL CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. JOBZMALL's WARRANTIES, INDEMNITIES AND SLA TERMS DO NOT APPLY TO PREVIEWS AND SUPPORT SERVICES ARE NOT PROVIDED FOR PREVIEWS. JOBZMALL MAY CHANGE, DISCONTINUE OR TERMINATE YOUR USE OF PREVIEWS AT ANY TIME WITHOUT NOTICE. "PREVIEWS" MEANS SERVICES, RELEASES, FEATURES, OR FUNCTIONALITY PROVIDED FOR PREVIEW, PRE-RELEASE, EVALUATION, DEMONSTRATION, BETA, OR SIMILAR USES AND PURPOSES.
Disclaimer of Consequential Damages. TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL JOBZMALL, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY JOBZMALL SERVICES 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 OR ACCESS ANY JOBZMALL SERVICES AND THE JOBZMALL CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JobzMall IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent permitted by law, JobzMall seeks to operate the Services in a manner that is fair, accessible, and transparent for all Users. However, because JobzMall does not control employer actions, candidate actions, external websites, or third-party systems, certain limitations of liability are necessary to provide the Services at scale and to preserve the safety, integrity, and sustainability of the Platform.
Limitation of Liability. EXCEPT FOR YOUR BREACH OF SECTIONS RELATING TO USAGE RESTRICTIONS, CONFIDENTIALITY, AND PAYMENTS, OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO JOBZMALL FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, JOBZMALL's LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Links to Other Sites. The JobzMall Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by JobzMall of the contents on such third-party websites. JobzMall is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party Web sites, you do so at your own risk. JobzMall or third parties may distribute Non-JobzMall Services. “Non-JobzMall Services” means products, services, tools, or software functionality that interoperates with a Service, that is provided by you, other JobzMall users, or any third party, including but not limited to, integrations or connectable accounts available through any marketplace, third-party providers, community templates, and content, products or software that are otherwise obtained or provided by a person or entity other than JobzMall. Your use or purchase of any Non-JobzMall Services, and any data exchanged in connection with Non-JobzMall Services, is solely between you and the applicable third-party provider, and governed by the terms of service, end user license agreement, privacy notice, and/or any other terms or policies between you and that third party as disclosed or made available within the Services. JobzMall does not make any representations, warranties, or guarantees regarding Non-JobzMall Services, their providers, their availability, or their conformity to your security or compliance requirements. JobzMall’s support terms do not apply to Non-JobzMall Services. JobzMall is not responsible for any disclosure, modification, or deletion of Your Content resulting from access by any Non-JobzMall Services, or other, direct or indirect, losses, special or consequential damages, or claims arising out of or in connection with Non-JobzMall Services. While the Services may contain features designed to interoperate with Non-JobzMall Services, JobzMall cannot guarantee the continued availability of such features of the Services and may cease providing them without entitling you to any refund, credit or other compensation, if, for example, a Non-JobzMall Services provider ceases to make the Non-JobzMall Services available for interoperation with the Services under circumstances acceptable to JobzMall.
No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Terms. You also agree to not make any unauthorized commercial use of any JobzMall Services.
Indemnity. You agree to defend, indemnify, and hold harmless JobzMall, Inc., its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any JobzMall Services, (ii) your use of any JobzMall Content, or (iii) your breach of any terms of this Agreement. JobzMall shall promptly notify you of any and all threats, claims and proceedings related thereto and give you reasonable assistance and the opportunity to assume sole control over defense and settlement; you will not be responsible for any settlement you do not approve, such approval not to be unreasonably withheld or delayed.
Security and Compliance 18.1 General You shall configure Your Content, including any of your profiles or postings, such that the transmission, storage, or use in any way will not expose personal data or personal information without proper consent from individuals as determined by applicable law. You shall configure the Services in accordance with the Documentation and properly implement encryption as set forth in the Documentation. JobzMall implements regular backups of Your Content and you shall also maintain its own backups of Your Content. JobzMall will have no liability to you for any unauthorized access or use of any of Your Content or any corruption, deletion, destruction or loss of any Your Content to the extent that is attributable, in whole or in part, to your misconfigurations or an insecurity in your website or project, malware or malicious content in your website, Your Content or project. If any actual or suspected security incident, vulnerabilities, violations of this Section 18, or issue related to the Services are identified, you shall immediately report it to [email protected]. 18.2 PCI Compliance JobzMall is not a payment processor. To the extent that Your Content or Your Data (as defined below) is subject to the Payment Card Industry Data Security Standards (PCI DSS), you acknowledge that you are responsible for maintaining and monitoring compliance with PCI DSS requirements as prescribed by the PCI Security Standards Council as may be amended from time to time. You agree to comply with JobzMall's Documentation on appropriate implementation of the Services for processing payments. 18.3 HIPAA Compliance You shall not use the Services to host any Protected Health Information or information that is subject to the Health Insurance Portability and Accountability Act (HIPAA), unless you first obtain JobzMall's prior written approval.
Data Protection 19.1 International Transfers of Data To the extent that Your Content or Your Data (as defined below) is subject to any applicable data protection or privacy law, and is processed and/or stored by JobzMall on your behalf in connection with the Services, you agree to the terms of JobzMall's Data Processing Addendum ("DPA"), which is incorporated by reference. 19.2 Use of Your Data You shall own and retain all right, title and interest in and to Your Data. JobzMall may use and disclose Your Data solely to the extent necessary to provide the Services to you and for security to protect the Services and third parties from fraud, illegal activities, abuse, malware, malicious files or content, viruses and the like and for no other purpose. Otherwise, JobzMall will not sell, disclose, or share any Your Data (or any part or product thereof) with anyone else. JobzMall will implement and maintain reasonable information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to or use or disclosure of the Services or any Your Data. 19.3 Aggregate Data JobzMall shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (excluding Your Data and data derived therefrom), and JobzMall will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other JobzMall offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
Support Subject to the terms hereof, JobzMall may, but is not required to, provide you with commercially reasonable remote technical support services during JobzMall's normal business hours ("Support Services") in accordance with JobzMall's current Support Terms and Conditions, which are incorporated by reference.
Electronic Communications By using the Services, you consent to receiving electronic communications from JobzMall. These electronic communications may include notices about applicable Services fees and charges related to the Services and transactional or other information concerning or related to the Services. They may also include notices that require responses and or action to avoid service interruptions. These electronic communications are part of your relationship with JobzMall and you receive them as part of your use of the Services. Your account email address must be kept current and maintain a responsive user at all times. You agree that any notices, agreements, disclosures or other communications that JobzMall sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Representation and Warranties 22.1. Representations You represent and warrant that (i) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in posting and other activities (and allow JobzMall to perform its obligations) in connection with the Services without obtaining any further releases or consents; (ii) Your Content and other activities in connection with the Services, and JobzMall's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy, or publicity, or other personal or proprietary right and Your Content is not defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iii) you will use the Services only in compliance with JobzMall's standard published policies and documentation then in effect and all applicable laws and regulations. 22.2. Mutual Warranty Each party represents and warrants to the other that it has full right and power to enter into and perform under this Agreement, without any third-party consents or conflicts with any other agreement.
Confidentiality; Proprietary Rights 23.1. Confidentiality Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical, product or financial information or data relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of JobzMall includes non-public information regarding features, functionality and performance of the Services. Your Proprietary Information includes non-public personal data provided by you to JobzMall to enable the provision of the Services and that you upload to the Services (collectively, "Your Data"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was rightfully in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without confidentiality restrictions by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party as evidenced by its internal files. If a Receiving Party is required by law or a governmental agency to disclose the Disclosing Party's Proprietary Information, the Receiving Party must provide reasonable notice to the Disclosing Party of such required disclosure so as to permit the Disclosing Party a reasonable period of time to seek a protective order or limit the amount of Proprietary Information to be disclosed. 23.2. Company Ownership JobzMall shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing. 23.3. Feedback To the extent you or any of your users provide any suggestions to JobzMall regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by JobzMall ("Feedback"), you hereby grant JobzMall a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for JobzMall to use and exploit in any manner and for any purpose. 23.4. Customer Name During the term of this Agreement, you grant JobzMall a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in JobzMall's marketing materials and website(s) and to indicate that you are a JobzMall customer. JobzMall will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit.
General. JobzMall makes no claims or representations that the JobzMall Content may be lawfully viewed or accessed outside of the United States. Access to the JobzMall Content may not be legal by certain persons or in certain countries. If you access any JobzMall Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any software downloaded from any JobzMall Services is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list. These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Except as otherwise provided in Section 26 (Dispute Resolution and Arbitration), any claims not subject to arbitration shall lie exclusively with the state or federal courts within Orange County, California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, JobzMall's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect JobzMall's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the JobzMall Services, a particular “Legal Notice, ” or software license or material on particular pages on the JobzMall Services, the terms of this Agreement constitute the entire agreement between you and JobzMall with respect to the use of the JobzMall Services. No changes to these Terms shall be made except by a revised posting on this page. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any delays in or failure of performance of JobzMall shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of JobzMall including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots.
Additional Terms. Certain areas of the JobzMall Services are subject to additional terms. By using such areas, or any part thereof, you agree to be bound by the additional terms applicable to such areas.

JobzMall believes that efficient, fair, and individualized resolution of disputes benefits all parties. The following Arbitration Agreement is designed to provide a streamlined and equitable process for resolving issues should they arise.

26.1. Applicability of Arbitration Agreement

This Section 26 is referred to as the “Arbitration Agreement. ” This Section applies to all Users located in the United States. Please read it carefully as it affects your legal rights. As a Job Seeker, you may opt out of this Arbitration Agreement by following the process described below in subsection 26.12 (“30-Day Opt-Out Period”).

Subject to the terms of this Arbitration Agreement, you and JobzMall agree that any disagreement, controversy, claim, or legal proceeding or petition of any kind (whether based in contract, tort, statute, regulation, equity, or any other legal or equitable theory) arising out of or relating in any way to the JobzMall Services, the Site, your interactions with it, any communications you send or receive, any programs or services used, provided, sold, or distributed through the Site, these Terms or prior versions of these Terms, or any aspect of your relationship with JobzMall (each, a “Dispute”), between you and JobzMall or between you and any other User, will be resolved by binding arbitration, rather than in court, except that: (1) you or JobzMall may assert claims in small claims court if such claims qualify and remain in small claims court; (2) you or JobzMall may assert claims in court or other forums for infringement or other misuse of intellectual property rights or validity of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, or copyrights) but excluding all patent validity, infringement, or licensing Disputes (patent Disputes remain subject to mandatory arbitration); and (3) you may assert claims that by law cannot be subject to a pre-dispute arbitration agreement, including under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, unless you voluntarily elect to submit such claims to arbitration. For purposes of this Arbitration Agreement, “Dispute” includes Disputes that involve facts occurring before the existence of this Arbitration Agreement, unless you notified JobzMall of that Dispute before accepting the Terms that contain this Arbitration Agreement, as well as Disputes that may arise after the termination of your account or relationship with JobzMall.

As set out in the prior paragraph, this Arbitration Agreement requires you to arbitrate not only Disputes between you and JobzMall but also Disputes between you and any other User. Additionally, this Arbitration Agreement is expressly intended to bind any third-party beneficiary of this Arbitration Agreement to the greatest extent possible under applicable law.

26.2. Informal Dispute Resolution

You agree to first attempt in good faith to resolve any Dispute with JobzMall before initiating arbitration. JobzMall is committed to working with you to reach a prompt and mutually beneficial resolution without need for arbitration. You and JobzMall agree to participate in good faith informal efforts to resolve Disputes before initiating any arbitration (“Informal Dispute Resolution”).

To initiate Informal Dispute Resolution, you or JobzMall must give notice in writing to the other (“Notice”). The Notice must include: (1) the name, mailing address, phone number, and email address of the initiating party, including the email address(es) associated with all of your JobzMall account(s); (2) the name, mailing address, phone number, and email address of the initiating party’s counsel, if any; and (3) a description of the Dispute, including relevant facts and the specific relief sought. The Notice must also be signed by the party initiating the Dispute (i.e., either you personally or a JobzMall representative). Your Notice to JobzMall must be sent by email to [email protected] or by certified mail or Federal Express (signature required) to the following address: JobzMall, Inc., Attn: Legal Team, [12432 N Lopez Pl Tustin, CA 92782 Orange County, CA]. JobzMall will send Notice to your email address or mailing address on file. It is your responsibility to ensure your contact information is correct and up to date.

The Informal Dispute Resolution process lasts 45 days after receipt of a Notice and is a mandatory precondition to commencing arbitration. Arbitration cannot be commenced until the end of the Informal Dispute Resolution period. During this 45-day period, you and JobzMall agree to engage in good faith efforts to resolve the Dispute. You and JobzMall agree that either you or JobzMall may ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”) and, if requested, the other agrees to participate in the Informal Dispute Resolution Conference. If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate. The Informal Dispute Resolution Conference shall be individualized, i.e., between you (the individual party identified by name in the Notice) and JobzMall, even if the same law firm, group of law firms, or organizations represents multiple parties in similar Disputes, unless JobzMall and all parties agree otherwise. The statute of limitations and any filing deadlines shall be tolled while you and JobzMall engage in Informal Dispute Resolution.

26.3. Agreement to Arbitrate

If a Dispute is not resolved informally as described above, you and JobzMall agree that any and all Disputes will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (or Commercial Arbitration Rules if applicable), as supplemented, where applicable, by the AAA Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement. The Federal Arbitration Act (“FAA”) and federal arbitration law shall govern the interpretation and enforcement of this Section. If the AAA is unavailable to administer the arbitration, you and JobzMall will engage in good faith to mutually agree on a different arbitration provider. If you and JobzMall cannot agree, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted to appoint a neutral arbitrator who shall act under this Arbitration Agreement with the same force and effect as if such arbitrator had been specifically named herein.

Arbitrator Authority: The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, revocability, scope, or validity of this Arbitration Agreement or any part of this Arbitration Agreement, except that only a court of competent jurisdiction (and not an arbitrator) shall have the exclusive authority to resolve any disputes regarding subsection 26.4 (“Class Action Waiver”) or subsection 26.11 (“Mass Arbitration Procedures”), including any argument that all or part of those subsections are unenforceable, illegal, void or voidable, or that those subsections have been breached. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator will be either a retired judge or an attorney in good standing from the AAA’s roster of arbitrators.

Venue and Procedures: Unless otherwise agreed in writing by you and JobzMall, the arbitration shall be held in Orange County, California, or (if you so elect) conducted telephonically or via other remote electronic means, as deemed appropriate by the arbitrator. Unless the Mass Arbitration procedures discussed below in subsection 26.11 (“Mass Arbitration Procedures”) are triggered, the arbitration, including any in-person arbitration hearing, will be conducted in Orange County, California.

Costs and Fees: The parties shall bear their own attorneys’ fees and costs in arbitration unless otherwise required by applicable law or unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Nothing in this Arbitration Agreement prevents or excuses you or JobzMall from exhausting administrative remedies by filing any charges or complaints required by any governmental agency (including the Equal Employment Opportunity Commission or similar state or local agency) before bringing a Dispute in arbitration.

26.4. Class Action Waiver

You and JobzMall agree that any Dispute resolution proceedings—whether in arbitration or in court—will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. YOU AND JOBZMALL MAY BRING DISPUTES ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS, AND HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, OR RESOLVED IN ANY FORUM ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this subsection is intended to, nor shall it, affect the terms and conditions under subsection 26.11 (“Mass Arbitration Procedures”) below. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection 26.4 (“Class Action Waiver”) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and JobzMall agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Orange County, California. You and JobzMall agree that any claims or requests for relief that are severed from an arbitration shall be stayed by the court in which the severed claims or requests for relief are filed, until all claims that remain in arbitration are finally resolved. This subsection does not prevent you or JobzMall from agreeing to settlement and settling claims on a class-wide or mass settlement basis.

26.5. Waiver of Jury Trial

YOU AND JOBZMALL HEREBY WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and JobzMall are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above in subsection 26.1 (“Applicability of Arbitration Agreement”). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. You and JobzMall acknowledge and agree that, by entering into these Terms, you and JobzMall are each waiving the right to a trial by jury or to participate in a class action. If for any reason a Dispute proceeds in court rather than arbitration, you and JobzMall each waive any right to a jury trial.

26.6. Exceptions to Arbitration

Notwithstanding the above, the following claims are not subject to the mandatory arbitration provisions of this Section 26: (1) either you or JobzMall may assert claims in small claims court if such claims qualify and remain in small claims court; (2) JobzMall (and only JobzMall) may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its confidential information or intellectual property rights (including to prevent or stop the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights); and (3) you may assert claims that by law cannot be subject to a pre-dispute arbitration agreement, including under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, unless you voluntarily elect to submit such claims to arbitration.

26.7. Confidentiality

You and JobzMall agree that all materials, documents, and information exchanged during arbitration shall be kept confidential and shall not be shared with anyone except the attorneys, accountants, business advisors, or insurance providers or representatives of the parties to the Dispute, provided that each such recipient agrees to maintain the confidentiality of all such materials, documents, and information.

26.8. Offer of Judgment

You and JobzMall agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

26.9. Arbitration Rules and Procedures

If Informal Dispute Resolution does not resolve satisfactorily within 45 days after receipt of a Notice, you and JobzMall agree that any party to the Dispute may initiate arbitration. To initiate arbitration, you or JobzMall must file your demand for arbitration (“Demand”) with the AAA by following the procedures required by the AAA under the applicable rules.

– If the Dispute arises from or relates to you as a Job Seeker, or is otherwise a consumer dispute, the AAA’s Consumer Arbitration Rules and Fees in effect at the time of the arbitration will apply, as supplemented, where applicable, by the AAA Mass Arbitration Supplementary Rules.

– If the Dispute arises from or relates to you as any type of User other than a Job Seeker, or is otherwise a commercial dispute, the AAA’s Commercial Arbitration Rules and Fees in effect at the time of the arbitration will apply, as supplemented, where applicable, by the AAA Mass Arbitration Supplementary Rules.

If there is a conflict between this Arbitration Agreement and the AAA Rules, this Arbitration Agreement governs to the extent permitted by the applicable AAA Rules. Any Demand you send to JobzMall must be sent by certified mail or Federal Express (signature required) to the following address: JobzMall, Inc., Attn: Legal Team, [12432 N Lopez Pl Tustin, CA 92782 Orange County, CA]. JobzMall will send the Demand to your email address or mailing address on file. It is your responsibility to ensure your contact information is correct and up to date.

If the party requesting arbitration is represented by counsel, the Demand must also include counsel’s name, mailing address, phone number, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. If, after notice and a reasonable opportunity to respond, the arbitrator determines that any standard set forth in Federal Rule of Civil Procedure 11(b) has been violated, the arbitrator may impose an appropriate sanction on any attorney, law firm, or party that violated the standard or is responsible for the violation, including an award of attorneys’ fees and costs.

26.10. Governing Law and Statute of Limitations

These Terms and any Dispute will be governed by the laws of the State of California, without regard to conflict-of-law principles. The parties expressly agree that the Federal Arbitration Act applies to this Arbitration Agreement. You and JobzMall agree that all applicable statutes of limitation will apply to arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction, adjusted for the tolling provided for above in subsection 26.2 (“Informal Dispute Resolution”) and, if applicable, subsection 26.11 (“Mass Arbitration Procedures”), or it will be forever time barred.

26.11. Mass Arbitration Procedures

If 25 or more substantially similar Demands are filed against or on behalf of the same party or related parties within a 90-day period, and representation of the parties is consistent or coordinated across the cases (“Mass Arbitration”), the following additional procedures shall apply. If the parties disagree as to whether a series of Demands constitutes a Mass Arbitration, the AAA shall decide. You and JobzMall agree that Demands are “substantially similar” if they arise out of or relate to the same event(s) or factual scenario and raise the same or similar legal issue(s). You and JobzMall agree to cooperate in good faith with the AAA to implement the Mass Arbitration procedures and to minimize time and costs. Nothing in this subsection authorizes class, collective, representative, or mass arbitration; all arbitrations remain individual.

Bellwether Arbitrations. Counsel for each side shall select five Demands for a total of ten individual Bellwether Arbitrations (“Bellwether Arbitrations”).
Stay of Non-Bellwether Arbitrations. All other Demands (“Non-Bellwether Arbitrations”) shall be stayed pending completion of the Bellwether Arbitrations and the Global Mediation below. During the stay, no arbitration costs or fees shall be due for Non-Bellwether Arbitrations.
Global Mediation. After the Bellwether Arbitrations conclude, the parties shall engage in a Global Mediation of all unresolved Demands in the Mass Arbitration (“Global Mediation”).
Safety Valve. If the Bellwether Arbitrations are not completed within 180 days after appointment of the first Bellwether arbitrator, or if the arbitrator determines that the Bellwether process is not progressing in good faith, the stay on all Non-Bellwether Arbitrations shall automatically lift.
Small Claims Election. When the stay lifts—or at any time a Dispute otherwise qualifies for Small Claims Court—either You or JobzMall may elect to have the individual Dispute resolved exclusively in Small Claims Court. Upon such election, the arbitration provider shall administratively close the arbitration as to that Dispute. The election applies only to that specific individual Dispute. For purposes of this Small Claims Election, the Arbitrator shall have authority to determine the actual amount in controversy. If the Arbitrator determines that claimed damages are inflated or asserted in bad faith to avoid Small Claims jurisdiction, the Arbitrator may disregard such inflated amounts to determine eligibility.
Good-Faith Requirement & Sanctions. Any opposition to a Small Claims Election must have a good-faith basis in law and fact. If a court or arbitrator finds that a party or its counsel opposed the election in bad faith or for delay, the decision-maker may—consistent with applicable law—award reasonable fees and costs incurred in enforcing the election.
Batch Arbitrations. If the Mass Arbitration remains unresolved 45 days after completion of the Global Mediation, and no Small Claims Election has been made as to particular Disputes, the AAA shall:
1. administer remaining Demands in batches of up to 100;
2. appoint one arbitrator per batch; and
3. conduct each batch with one procedural calendar, one merits hearing (if any), and one non-precedential final award addressing each claimant individually. All batches shall be administered concurrently to the greatest extent possible. Consolidation is procedural only and does not alter the requirement for individualized determinations.
Tolling. For any Demand subject to these procedures, all applicable statutes of limitations are tolled from the filing date of the Demand until the earlier of:
1. a Small Claims Election, or
2. 45 days after completion of Global Mediation, or
3. any valid opt-out of arbitration under Section 26.12.
Streamlined Discovery. A party may rely on written discovery responses or deposition testimony from one arbitration in any other substantially similar arbitration.

26.12. 30-Day Opt-Out Period

As a Job Seeker, you may opt out of this Arbitration Agreement for your Job Seeker account(s) by sending a written opt-out notice (“Opt-Out Notice”) to JobzMall. To be effective, you must send your Opt-Out Notice within 30 days after first accepting Terms that contain this Arbitration Agreement and you must use one of the following two methods: (1) complete the Opt-Out Notice form by providing all information required on the form and email it to [email protected] with the subject line “Arbitration Opt-Out”; or (2) send an email to [email protected] that includes, in the following order, (a) a statement that “I am writing to provide notice that I’m opting out of the Arbitration Agreement in JobzMall’s Terms of Service” , (b) your full name, (c) your mailing address, (d) your phone number, (e) all email address(es) associated with the Job Seeker account(s) for which you are opting out, and (f) the date of your Opt-Out Notice. You must send your Opt-Out Notice from an email address associated with a Job Seeker account that belongs to you and for which you are opting out. You may only opt out of your own personal Job Seeker account(s) and cannot do so for any other individual.

If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may already have with JobzMall, which will remain in effect, and has no effect on any arbitration agreements with JobzMall you may enter in the future.

26.13. Severability

Except as provided above in subsection 26.4 (“Class Action Waiver”), if any part or parts of this Arbitration Agreement are found under the law by either an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Arbitration Agreement shall continue in full force and effect.

26.14. Modification

If JobzMall makes any future material modification to this Arbitration Agreement, JobzMall will notify you at least 14 days in advance and such modification will not apply to Disputes that have arisen before the date the modification goes into effect or that are known to you or JobzMall before that date.

26.15. Survival

This Arbitration Agreement survives any termination of your account or relationship with JobzMall.

JobzMall endeavors to act reasonably and, where practical, provide notice when taking action affecting a User’s account. However, certain circumstances may require immediate action to protect the Services, Users, or JobzMall’s legal rights, and nothing in this section limits JobzMall’s ability to act in such circumstances.

27. Term and Termination. These Terms will remain in full force and effect while you are a User of any JobzMall Services. JobzMall reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the JobzMall Services and immediate termination of your registration with or ability to access the JobzMall Services and/or any other services provided to you by JobzMall, upon any breach by you of these Terms or if JobzMall is unable to verify or authenticate any information you submit. Even after you are no longer a User of the JobzMall Services, certain provisions of these Terms will remain in effect, including (but not limited to) Sections 2, 3, 7, 9 through 14, 17, 18, 19, 23, 26, and any other clauses that by their nature should survive termination. JobzMall may terminate your account and this Agreement at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies JobzMall may have, JobzMall may also terminate this Agreement upon ten (10) days' notice (or two (2) days in the case of nonpayment), if you breach any of the terms or conditions of this Agreement. JobzMall may terminate your account and this Agreement immediately if you exceed any JobzMall limits concerning use of the Services, including without limitation, the maximum period of time that data, code or other content will be retained by the Services, the maximum storage space that will be allotted on JobzMall's servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the Services. You acknowledge that JobzMall reserves the right to terminate accounts that are inactive for an extended period of time and the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). All of Your Content on the Services (if any) may be permanently deleted by JobzMall upon any termination of your account. If JobzMall terminates your account without cause and you have signed up for a subscription, JobzMall will refund the pro-rated, unearned portion of any amount that you have prepaid to JobzMall for such Services. Upon the termination of this Agreement for any reason: (i) the licenses granted under this Agreement in respect of the Services shall immediately terminate and you and your users shall cease use of the Services; (ii) JobzMall will cease providing any Support Services; (iii) you shall pay to JobzMall the full amount of any outstanding fees due hereunder; and (iv) within fourteen (14) calendar days of such termination, each party shall destroy or return all Proprietary Information of the other party in its possession or control, and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information solely for purposes of ensuring compliance with this Agreement.

Contact Information

If you have additional questions about this notice or how to exercise your rights, please contact us at [email protected] or write us:

JobzMall, Inc.
2030 Main Street, Suite 1300
Irvine, CA 92614

Note: we may need to change these rules from time to time in order to support our goal of promoting a healthy public conversation. The most current version is always available at https://www.jobzmall.com/legal/policies. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Service.