INTRODUCTION
You agree that Freestyle Media owns the JobAbstracts.com website and provides a service to help individual job seekers. You also agree the site is not to be used by individuals, companies, or others for the purpose of collecting, storing or retransmitting data from the collector’s web sites.
Job Abstracts is a division of Freestyle Media. Whenever, Job Abstracts (JobAbstracts.com, we, us, our), OR COMPANY, is mentioned herein, it refers to the policies of Freestyle Media as well.
PLEASE REVIEW SECTION, TITLED THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW, THESE TERMS WILL REQUIRE YOU TO RESOLVE DISPUTES WITH COMPANY, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
We reserve the right, in our sole discretion, to modify or amend this Agreement at any time by posting a revised version on the Site or by otherwise providing notice to you in accordance with applicable law. The revised Agreement will be effective when posted on the Site unless otherwise specified. Your continued use or access of the Site or Services constitutes acceptance of the updated Agreement. If you do not agree to any of the terms of the revised Agreement, you must not use or access the Site or Services.
All searches are deemed to be for individual and personal usage. Freestyle Media reserves the right to restrict usage, and/or to deny service to any entity that attempts to use the service for purposes other than for personal, individual job searching.
Collection of data from Job Abstracts’s website for the purpose of retransmission or selling of the data is a strict violation of our usage policy.
USAGE AGREEMENT
When you connect to any of Freestyle Media’s web sites, e.g., JobAbstracts.com, and any of its related pages, you are acknowledging that you have read and agree to all the TERMS AND CONDITIONS and our PRIVACY POLICIES. You also are acknowledging restrictions placed on use by children and those requiring supervised use.
Herein, you agree to allow us to collect both personally identifiable and non-identifiable information about you. When you provide us with personally identifiable information, you agree to allow us to use that information to enhance your job search efforts as set forth in our Privacy Policies.
IMPORTANT INFORMATION -- CHILDREN UNDER AGE 16 RESTRICTIONS
The use of JobAbstracts.com website is not intended for children under the age of 16. In all jurisdictions, you must meet the minimum age requirement of 16 to use this site. Some jurisdictions may place further constraints on legal use of the site. Moreover, the laws in your locality may require that you be older in order for us to lawfully provide the services from this site. In the event that local laws require a user to be older, those laws shall prevail, and the older age is thus required. By using JobAbstracts.com website, you agree to provide us with accurate information concerning your age, if and when, we request it.
UNSUPERVISED USE
If local laws place restrictions on unsupervised use, you agree to comply with those laws. This includes, but is not limited to, requirements that you be of the age of majority to use the site without the supervision of your parent or legal guardian. In addition, you agree to not use the site supervised or unsupervised, if local laws restrict you from doing so.
COPPA
More importantly, Freestyle Media complies with the Children's Online Privacy Protection Act (COPPA). COPPA requires that web site operators never knowingly collect personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. You are not permitted to use JobAbstracts.com if you are under the age of 13, or help someone under the age of 13 to use the site. We do not knowingly collect or use personally identifiable information from children under the age of 13. If we discover personal data from a child under the age of 13, we will delete that data.
You also agree not to assist children under the age of 13 in accessing JobAbstracts.com or to attempt to contact children under 13 through any of JobAbstracts.com’s features.
LINKS TO THIRD PARTIES
Your interactions or business dealings with third parties resulting from your use of the Website or participation in the Service—including, without limitation, dealings with third-party advertisers, providers, or their associated terms, conditions, warranties, or representations—are solely between you and such third parties. The COMPANY shall not be liable or responsible for any loss, damage, or other consequences of any nature arising from such dealings or from the presence of any third party on the Website.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the COMPANY, its parents, subsidiaries, affiliates, partners, licensors, advertisers, agents, successors, assigns, and their respective officers, directors, employees, and shareholders from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your use of (or inability to use) the Website, the Service, or any Website Content; any information you receive through the Website; or your violation of these Terms.
NO WARRANTY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’s SITE ARE OPERATED AND THE SERVICES ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE OPERATED AND THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON THE SITE OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY ON THE SITE OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
COMPANY DOES NOT WARRANT THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; (II), LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICES, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE. IN NO EVENT WILL COMPANY’s AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY SERVICES (WHETHER IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS "MANDATORY ARBITRATION AND CLASS ACTION WAIVER" SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations. This shall be a precondition to either party initiating arbitration. The majority of concerns can be resolved in this manner.
If the parties do not reach an agreed upon solution with a period of thirty (30) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties' relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of AAA's Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction, subject to review in accordance with applicable statutes governing arbitration awards. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, THE ARBITRATOR MAY REQUIRE COMPANY TO PAY THE PORTION OF THAT FEE THAT EXCEEDS THE COST OF FILING SUIT. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND COMPANY WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. YOU ARE RESPONSIBLE FOR YOUR OWN ATTORNEYS' FEES UNLESS THE ARBITRATION RULES AND/OR APPLICABLE LAW PROVIDE OTHERWISE. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, COMPANY WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CASES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN CIVIL COURT.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt out and not be bound by the arbitration provision provided above. If you do not wish to be bound by this arbitration clause, you must notify the COMPANY in writing within 30 days after registering to use the COMPANY website, or your rejection of arbitration will not be effective. You must send your request to: info@jobabstracts.com. Your request must include a subject line of "Arbitration" and message details of your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the COMPANY's Website Terms and Conditions. Please be aware that if you exercise your right to opt-out, the COMPANY also will not be bound by the arbitration provision.
To the extent that the arbitration provisions set forth above do not apply. Both parties agree that any litigation between them shall be filed exclusively in the State of California in state or federal court located in Los Angeles County. Except for small claims court actions which may be brought in the county where you reside.
Both parties expressly consent to exclusive jurisdiction in Los Angeles County, California for any litigation other than small claims court actions.
COPYRIGHT COMPLAINTS
Job Abstracts, a Division of Freestyle Media, complies with the provisions of the Digital Millennium Copyright Act (DMCA). If there is any concerns regarding the use of copyrighted material on any page on this website, please contact the agent designated to respond to reports alleging copyright infringement by using our Contact Us form on this website or emailing dmca@jobabstracts.com with the subject DMCA.
The DMCA specifies that all infringement claims must include the following:
- Be in writing (this includes both hardcopy or digital)
- Be signed (whether in writing of via electronic signature) by the copyright owner or agent
- Identify the original copyrighted work (or works if there ar multiple) you claim has been infringed
- Identify the material that is infringing your copyrighted work
- Include contact information so the designated agent can reach you, if necessary
- Include a statement your complaint is in "good faith"
- Include a statement the information in the notification is accurate
- Include a statement that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
In accordance with the DMCA and other applicable law, we have a policy of terminating, if appropriate, Users, third party posters and employers who are deemed to be repeat infringers.
SEVERABILITY AND WAIVER
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
No failure or delay by the COMPANY in exercising any right, power, or remedy under this Agreement—or in enforcing any provision—will constitute a waiver of that right, power, remedy, or provision. A waiver is only effective if it is made in writing and signed by the COMPANY.
STATUTE OF LIMITATIONS
You agree that, regardless of any contrary statute or law, any claim or cause of action arising out of or related to your use of the Service or this Agreement must be filed within one (1) year after the claim or cause of action arose. Otherwise, it is permanently barred.
THE ENTIRE AGREEMENT
This Agreement is the entire agreement between you and the COMPANY governing your use of the Website and Service and supersedes any prior agreements. You may also be subject to additional terms that apply when you use or purchase other COMPANY services, affiliated services, third-party content, or third-party software.