EmploymentOffer.org™ Terms and Conditions
Last updated: July 24th, 2019
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party websites and/or resources (collectively, “(“Third-Party Links”)”); and/or (ii) text, video and/or other information pertaining to employment matters and job listings, as well as related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); (c) utilizes the searchable database (“Database”) in order to view job listings (“Listings”) as made available by Company’s third party employment advertising partners (“Third-Party Employers”) (collectively, the “Listing Services”); (d) utilizes the various contact forms and/or contact information made available on the Site (“Contact Methods”) as a means to contact directly, or request to be contacted by, Company and/or Company’s third-party job listing partners (“Third-Party Listers”) in connection with her/his/its interest in posting a Listing on the Site and/or the websites of Company’s Third-Party Listers (collectively, “Employer Contact Services”); and/or (e) utilizes the various Contact Methods available on the Site as a means to contact directly, or request to be contacted by, Company and/or Third-Party Employers in connection with certain Listings (collectively, the “Employee Contact Services,” and together with the Employer Contact Services, the “Contact Services”). For purposes of the Agreement, the Site, Content, Database, Listings, Listing Services, Contact Methods and Contact Services shall be referred to, collectively, as the “Site Offerings.”
By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety.PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
PLEASE BE ADVISED THAT COMPANY IS NOT ENGAGED IN RENDERING EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE OFFERINGS SHOULD BE CONSTRUED AS SUCH. COMPANY DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE CONTENT, INFORMATION OR LISTINGS MADE AVAILABLE BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY EMPLOYERS, NOR DOES COMPANY REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR CONSTITUENT LISTINGS ARE ACCURATE, COMPLETE OR APPROPRIATE. COMPANY ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH CONTENT, INFORMATION AND/OR LISTINGS. CHECK WITH YOUR PROFESSIONAL ADVISORS BEFORE ACTING ON ANY CONTENT, LISTINGS AND/OR OTHER INFORMATION PROVIDED BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY EMPLOYERS. INCOME AND EMPLOYMENT RESULTS ASSOCIATED WITH THE USE OF THE SITE OFFERINGS ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE, WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF EMPLOYMENT, INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE SITE OFFERINGS.
1. Scope; Modification of Agreement.
The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Termination of Access to the Site Offerings.
The Site Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residency); and (c) are either acting in their individual capacity or, where utilizing the Employer Contact Services, are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”). Where a User registers on behalf of the Entity, that Entity shall be bound by all provisions applicable to Users set forth in the Agreement as if that Entity were a User, including the indemnification provisions, representations and warranties, limitations of liability and disclaimers.
The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residency), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to utilize the Employer Contact Services on behalf of an Entity who are not duly authorized representatives of that Entity. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings. If you do not satisfy all of the Eligibility Requirements, you may not access the Site Offerings.
Company may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Company believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Listing Services; Employer Contact Services; Third-Party Employers; Third-Party Listers.
The Listing Services provide Users with the opportunity to: (a) conduct searches for various Third-Party Employers by city and job type; (b) view the Listings that match the Third-Party Employer search results; and (c) obtain contact information for such Third-Party Employers in order to contact them regarding their Listings. Please be advised that: (i) Company does not itself provide the Listings and/or employment opportunities by and through the Site Offerings; and (ii) the Listings and the associated terms and conditions of any employment offering featured in the Listings (“Employment Offering”) will be determined by the subject Third-Party Employers. Some of the Third-Party Employers that are accessible by and through the Listing Services pay a fee for inclusion in the Database or otherwise compensate Company for successful employment matches in connection with same.
The Employer Contact Services provide Users that represent Entities with the opportunity to be contacted by Company and/or Third-Party Listers regarding posting job listings on the Site and/or the websites of Third-Party Listers, as applicable (“Listing Offerings”). Other than where Company agrees to post a User’s job listing on the Site, the ultimate terms and conditions of any Listing Offerings made available via the Employer Contact Services shall be determined by the applicable Third-Party Lister. The Third-Party Listers that are accessible by and through the Employer Contact Services pay a fee to Company in connection with their Listings on the Site.
Where a User attempts to utilize the Contact Services and/or Listing Services, that User may be required to submit, and Company may collect, some or all of the following information: (A) the User’s full name; (B) the User’s e-mail address; (C) the User’s telephone number; (D) the User’s zip code; (E) the applicable Entity name, where the User is attempting to utilize the Employer Contact Services; (F) the applicable job category, where the User is attempting to utilize the Listing Services; (G) the User’s highest level of education attained, where the User is attempting to utilize the Listing Services; (H) the year that the User graduated high school, where the User is attempting to utilize the Listing Services; (I) whether or not the User is interested in continuing her/his education, where the User is attempting to utilize the Listing Services; and (J) any other information requested on the applicable form (collectively, the “User Data”).
YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD-PARTY EMPLOYER AND/OR THIRD-PARTY LISTER.
4. Listings; Non-Endorsement; Passive Conduit.
Company operates the Site and Site Offerings as a passive conduit. Company does not sponsor, recommend or endorse any Third-Party Listers, Third-Party Employers, Listings, Listing Offerings and/or Employment Offerings that are accessible by and through the Database and/or Listing Services. The Site facilitates communication between Third-Party Employers and potential employees, as well as potential employers and Third-Party Listers.
Company has no control over the quality of the Third-Party Employers, Third-Party Listers, Listings, Listing Offerings and/or Employment Offerings.
The Listings contain descriptions that are provided directly by the applicable Third-Party Employers. Company does not represent or warrant that such descriptions are accurate or complete. As a result, Company has no control over the truth or accuracy of the Listings. Company is not responsible for ensuring that the applicable Third-Party Employer and/or User actually enter into an employer/employee or any other form of relationship. Company does not guarantee that Users will successfully find employment through the Site Offerings. The determination of the need for employment and the choice of employers are extremely important decisions and should not be based solely on Listings, advertisements or rates offered by any Third-Party Employer. Company is not responsible for, and in no way endorses, any description or Listing by any Third-Party Employer that is accessible through the Site Offerings. Company does not review the credentials or standing of any Third-Party Employers. Therefore, Company makes no representation regarding the status, standing or viability of any Third-Party Employer. When considering an Employment Offering, Users should make an independent investigation of, confirm and verify all claims made by, any Third-Party Employer. Users are encouraged to use caution when reviewing any information submitted in connection with a Listing. You understand and agree that Company shall not be liable to you or any third party for any Employment Offering offered by any Third-Party Employer.
Company is not responsible for ensuring that the applicable Third-Party Lister and/or User actually enter into a contractual relationship in connection with any prospective Listing Offerings. Company does not guarantee that Users will successfully find Listing Offerings through the Site Offerings.
5. Content; Third-Party Links.
The Site contains Content which includes, but is not limited to, text, video and other information pertaining to employment matters and Listings, as well as regularly updated Third-Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
Company does not involve itself in the agreements between Users and Third-Party Employers and/or Third-Party Listers, or in the actual provision of Employment Offerings and/or Listing Offerings, as applicable, in connection with the relationships created thereby. Users are solely responsible for their interactions with Third-Party Employers and Third-Party Listers. Because Company is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Employers, Third-Party Listers or other Users, you hereby release Company from any and all claims, demands and/or damages (actual and consequential) 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.
9. Representations and Warranties.
Each User/Entity hereby represents and warrants to Company as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User/Entity which is fully enforceable against such User/Entity in accordance with its terms; (b) User/Entity understands and agrees that User/Entity has independently evaluated the desirability of utilizing the Site Offerings and that User/Entity represents that she/he/it has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User/Entity will not conflict with or violate: (i) any order, judgment or decree applicable to User/Entity; or (ii) any agreement or other instrument applicable to User/Entity; and (d) its performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules or regulations.
Each User (including Entities, where applicable) agrees to indemnify, defend and hold Company, its members, officers, directors, employees, agents, affiliates and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User/Entity and any other User, Third-Party Employer, Third-Party Lister, Entity or third-party; (b) that User/Entity’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User/Entity’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 8 are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. License Grant.
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 9. Company reserves any rights not explicitly granted in the Agreement.
10. Proprietary Rights.
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “EmploymentOffer.org” name and logo, and all associated graphics, icons and service names, are trademarks of EmploymentOffer.org. All other trademarks appearing by and through the Site Offerings are the property of their respective owners. The use of any trademark without the applicable trademark owner`s express written consent is strictly prohibited.
11. Legal Warning.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
12. Disclaimer of Warranties.
THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY LISTERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY LISTERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO QUALIFY FOR AND/OR RECEIVE EMPLOYMENT OFFERINGS FROM ANY OF OUR THIRD-PARTY EMPLOYERS; (E) WILL ENABLE ANY USER TO LIST A PROSPECTIVE EMPLOYMENT OPPORTUNITY ON THE SITE AND/OR THE WEBSITE OF ANY THIRD-PARTY LISTER; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability.
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY LISTERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, THIRD-PARTY EMPLOYERS, THIRD-PARTY LISTERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) THE FAILURE REALIZE ANY EMPLOYMENT, PROFESSIONAL, CAREER-RELATED AND/OR ECONOMIC BENEFIT; (F) THE FAILURE TO POST A LISTING ON THE SITE AND/OR THE WEBSITE OF A THIRD-PARTY LISTER; AND (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY LISTERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Third-Party Websites.
The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, the Third-Party Employer websites, other websites made available in connection with the Listings and/or Third-Party Links. Company does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third-parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
15. Editing, Deleting and Modification.
Company reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
16. Use of User Information.
17. Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
19. Contact Us.
If you have any questions about the Agreement, Site Offerings or the practices of Company, you may email us as at: [email protected]; call us at (855) 775-8543; or send us mail to: MG Solutions LLC, 151 Calle De San Francisco, Suite #200, PMB 5238, San Juan, PR 00901-1607.