Terms of Service
Welcome to jobking.co. Please read this Terms of Service Agreement carefully (hereinafter, “Terms of Service” or “Agreement”).
1. Who we are
We are an online consumer service that introduces consumers such as Yourself to certain of our participating third party partners who have expressed a general willingness to review Your information and determine if they are willing to provide You with the services or products that prompted your visit to our Website, including employment opportunities.
2. User Agreement
Registration. In order to access any Services, you will be asked to submit certain information about Yourself ("Registration Information").
Email Communication. You must provide Your email address when registering to access the Service. We may use Your email address, when necessary, to communicate with You regarding the administration of the Website. Occasionally, You may receive newsletters and updates with information that we deem to be of interest to You. If You wish to opt-out from receiving additional email offers, advertisements and promotions relating to the Website, please email email@example.com or click the unsubscribe link at the bottom of any emails You receive from Job King.
Please allow 10 days for Job King to remove you from any of its mailing lists. Thereafter, You should not receive any further email offers, advertisements and promotions from this Website. However you may still receive promotional communications from our TPPs with whom we have shared Your information. To stop receiving further communications from these TPPs, You will need to contact them directly in order to opt-out. Please note that after we process Your request to opt-out from receiving additional email offers, advertisements and promotions from this Website, we will no longer make Your information available to our TPPs relating to this Website.
Waiver of the Do Not Call Registry. In order to provide You the Service, You are expressly giving Your permission to provide any information collected on this Website to our TPPs. As such, You are expressly giving Your permission to such TPPs to contact You by mail, email, text messaging or telephone. By registering and using this Website, You agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that Your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call) list, You have authorized us to contact You via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser through the Website or other advertisement media made available by us (e.g., email marketing), You agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and You may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR. If, at any time, You do not wish to be bound by these conditions or You are unsatisfied with the Website, its content or other legal notices, You agree that Your sole and exclusive remedy is to discontinue using this Website.
Your Representations. You further represent, warrant and agree that:
(ii) Your Registration Information and any other information submitted by You to the Website is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited);
(iii) We will share the information You enter on our website with our TPPs;
(iv) Abuse of this Website may result in Your being denied access to such Website, as determined by Job King in our sole discretion;
(v) You understand and agree that we control only the landing page and intake forms on this Website. After You have registered, a participating service provider will be contacting You directly to provide You with information regarding their employment opportunities. We are not responsible for any TPPs who contact You and any subsequent agreement You may enter into with such TPPs is at Your own risk;
(vi) Your use of the Service is subject to all applicable federal, state and local laws and regulations; and
(vii) You give us permission to send You periodic updates of services, products, offers, and opportunities which may be of interest to You through email, mail, or telemarketing.
Restrictions. You will not (i) license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Service; or (ii) modify or make derivative works based upon the Website or Service; or (iii) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Website or Services, or authorize any third party to do any of the foregoing; or (iv) access or make use of the Service and Website by scripts or automated services; or (v) impersonate any person or use a name that You are not authorized to use; or (vi) compromise violate or impair system or network security or operation.
Job King’s Role. Job King’s role is limited because Job King is not directly involved in any hiring decisions. Without limitation, Job King does not guarantee that it will pre-screen employment opportunities or any other services or products promoted on the Website. Nor does Job King guarantee the identity of any TPP. Job King does not prescreen the content and/or information provided by any TPP. Job King does not directly control the quality of any aspect of the jobs, services, or products listed, including the accuracy of any content related to any listing. Job King does not guarantee that any TPP will execute, complete, or otherwise fulfill any job opportunity or any other kind of service, product, transaction, or contract. Unless stated otherwise in this Agreement, You are responsible for conducting Your own due diligence pertaining to any employment opportunities or any other services or products promoted on the Website.
No Guarantees. You understand and agree that no guarantees are made on the availability of employment opportunities or any other services or products promoted on the Website provided by TPPs, both of which vary depending on a number of factors. The TPP with whom You make a transaction is solely responsible for its services to You. You further acknowledge and agree that we are not acting as Your agent or broker and are not recommending any particular employment opportunity, service, product, or TPP to You. Any compensation we may receive is paid by the TPP for advertising services we provide to them.
No Warranties. You understand that the requirements for a particular employment opportunity, service, or product promoted on the Website are made by the individual TPP, and we do not endorse, warrant, or guarantee any employment opportunity, service, or product promoted on the Website by TPPs.
No Liability. You understand and agree that Job King shall not be liable for any damages or costs of any type that arise out of or in connection with Your use of the Services. You agree that Job King shall not be responsible and shall have no liability for any injury, economic or otherwise, arising out of any employment opportunities or any other opportunities, including promotions, products, and/or services offered on the Website or by email by any TPP.
Other Products and Services. You also give us permission to send You periodic updates of employment opportunities, services, or products which may be of interest to You.
Subject to Your compliance with the terms and conditions of this Agreement, Job King grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website located at the following URL:jobking.co and use the Service. The Service, including any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of Job King. All rights not expressly granted herein are reserved by Job King. Without limitation, this Agreement grants You no rights in or to the intellectual property of Job King or any other party, except as expressly set forth herein. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate in the event that You breach, actually or potentially, in the sole judgment of Job King, any provision of this Agreement.
6. Rejection, Termination, and Cancellation
Job King may reject Your registration with or without cause at our sole discretion. Registration at this Website does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
7. Marketing Materials
Without limitation, by registering for the Service on the Website and/or by providing Your name, email, address, and/or phone number through the Website, You hereby consent to receive, and openly and knowingly solicit, electronic communications, including email, voice telephone call, and SMS communications, from our TPPs regarding their services, including offers, promotions, and other related matters. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication. You will be responsible for directly contacting such parties to request cessation of further marketing contacts.
8. Linked Websites
You may be able to link to third parties’ Websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by Job King in any way and Job King is not responsible for the content, availability, advertising, employment opportunities or any other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Job King’s endorsement of or association with the Linked Websites. In no event shall Job King be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, Your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website’s administrator or webmaster. Job King reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
9. Intellectual Property Rights
The Website contains intellectual property owned by Job King. Job King is the sole owner of the Website and all materials on or available through the Website, including and without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and all other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in these Terms of Service, You may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, You may print a copy of individual screens appearing as part of the Website content solely for Your personal, non-commercial use or records, provided that any Job King marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, You may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website Content unless You first obtain prior written consent from Job King. Any unauthorized attempt to modify any Website Content, to defeat or circumvent Job King’s security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
10. Data Collection
You may be required to provide Your personal information to access or use certain parts of our Website or features of the Website. If You do not provide the requested personal information, you may not be able to access or use the features of the Website where such information is requested. We may ask You for personal information that we or certain of our TPPs consider necessary for performing a preliminary evaluation of Your qualifications to receive applicable products and/or services. We may also use Your personal information to obtain additional information about You such as Your credit score and/or Your credit report to improve our matching service for You. In addition, we may collect certain information regarding the number and type of products and/or services You have responded to and completed.
11. User Content
"User Content" is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that You submit, upload, and/or post to, or transmit, display, perform, or distribute by means of, the Service, whether in connection with Your use of the Service or otherwise. Job King does not claim ownership of any User Content. You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your User Content. BY SUBMITTING, UPLOADING, OR POSTING USER CONTENT IN ANY FORM WITH, THROUGH, OR TO THE SERVICE YOU THEREBY GRANT Job King AND ITS AFFILIATES A ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, UNRESTRICTED, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, ASSIGNABLE LICENSE TO COPY OR OTHERWISE REPRODUCE, MODIFY, ADAPT, TRANSLATE, DISTRIBUTE, ENHANCE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, REFORMAT, AND/OR OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE SERVICE, OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY Job King AND ANY OF ITS AFFILIATES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You: (a) own all rights, title and interest in and to any and all User Content You submit, or are otherwise authorized to grant the rights provided Job King and any of its affiliates under this section, OR (b) have written consent, release, and/or permission of each and every identifiable individual person in any User Content You submit to use the name and likeness of each and every such identifiable person in the User Content. You agree that You will not submit any User Content that does not fully comply with Job King’s prohibitions against Objectionable Content, as detailed in Section 12.
Job King reserves the right, in its sole discretion, to reject any User Content for any reason. "Objectionable Content" specified in Section 12 and "Prohibited Uses" in Section 13 are not exhaustive lists of content that Job King reserves the right to remove or deny.
12. Objectionable Content
13. Prohibited Uses
Job King imposes certain restrictions on Your use of the Service. You agree that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Job King or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) modify or change the placement and location of any advertisement posted through the Service; (e) harvest or otherwise collect information about Job King users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on third party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Service by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (j) use the Service to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Service; or (l) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Job King or any of its affiliates in providing the Service. Any violation of this section may subject You to civil and/or criminal liability.
14. Your Interaction with other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER Job King USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT Job King HAS NOT, AND DOES NOT, IN ANY WAY GUARANTEE THAT IT WILL: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER OR USERS IN PERSON. Job King DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL Job King BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN CONNECTION WITH SUCH USER'S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
15. Disclaimer of Warranties
Except as expressly set forth herein, Job King is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the employment opportunities, services, or products provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Job King. Job King assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Job King is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Website or Website Content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION TO THE FOREGOING, Job King, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, THE WEBSITE CONTENT, AND ALL EMPLOYMENT OPPORTUNITIES POSTED ON THE WEBSITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Job King DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
16. Limitation of Liability
IN NO EVENT WILL Job King, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT, SUCH AS DATA BREACHES, HACKS, OR LEAKS OF THE WEBSITE.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY Job King IN CONNECTION WITH YOUR MEMBERSHIP SHALL BE TO DISCONTINUE YOUR MEMBERSHIP.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Job King AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
17. Waiver of Liability
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
18. Monitoring the Website
You agree that Job King may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Job King’s rights or the rights of the users, sponsors, providers, employers, licensors, or merchants.
You agree to defend, indemnify and hold Job King, its parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders (collectively, the “Indemnitees”) harmless from any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim," and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Job King, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and Job King, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Service; (iv) Your provision to Job King or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnitees.
20. Assumption of Risk and Release
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE Job King AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
21. Dealings with Third Parties
Your correspondence or business dealings with any TPP as a result of Your use of the Website and participation in the Service, including, but not limited to, business dealings with the TPPs, their terms, conditions, warranties, and representations associated with such dealings, are solely between You and such TPP. You agree that Job King shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such TPP on the Website.
Job King does not: (i) guarantee the accuracy, completeness, or usefulness of any information provided by any TPP that is accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any TPP by means of the Website. Under no circumstances will Job King be responsible for any loss or damage resulting from Your reliance on information or other content posted through the Website transmitted to or by any TPP.
22. Dispute Resolution
Binding Arbitration. This Agreement will be interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Miami, Florida. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Eleventh Judicial Circuit Court of Florida or the United States District Court for the Southern District of Florida. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Eleventh Judicial Circuit Court of Florida, or the United States District Court for the Southern District of Florida: (i) any dispute, controversy, or claim relating to or contesting the validity of Job King’s proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief.
Restrictions Against Joinder of Claims. You and Job King agree that any arbitration shall be limited to each Claim individually. YOU AND Job King HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR Job King’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event that this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude You or Job King from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Job King from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used throughout, "Court of Competent Jurisdiction" means only the Eleventh Judicial Circuit Court of Florida or the United States District Court for the Southern District of Florida.
Waiver of Jury Trial and Class Actions. BY ENTERING INTO THIS AGREEMENT, YOU AND Job King ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND Job King AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
23. Waiver and Severability of Terms
The failure Job King to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a Court of Competent Jurisdiction to be invalid, the parties nevertheless agree that such Court of Competent Jurisdiction should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
24. Entire Agreement
This Agreement constitutes the entire agreement between You and Job King and governs Your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when You use or purchase other Job King services, affiliated services, third party content or third party software.
25. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
All notices by You under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Job King’s address set forth on the Website, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Job King may deliver a notice to You by posting of a general notice on the Website, which will be effective 48 hours after posting to the Website.
By Job King. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Job King RESERVES THE RIGHT TO, IN Job King’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
Automatic Termination Upon Breach By You. This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Job King.
Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Service. Upon termination, Job King may, but has no obligation to, and in Job King’s sole discretion, rescind any services and/or delete from Job King’s systems all Your Information and any other files or information that You made available to Job King or that otherwise relate to Your use of the Service. Upon termination, You shall cease any use of the Service. Subsequent to termination, Job King reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
Legal Action. If Job King, in Job King’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Job King will be entitled to recover from You as part of such legal action, and You agree to pay, Job King’s reasonable costs and attorneys' fees incurred as a result of such legal action. The Job King’s Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.