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.
1) USAGE AGREEMENT
1-1) 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.
1-2) 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.
1-3) You represent and warrant that all information you submit is true, accurate, and complete. You may not provide any false, misleading, inaccurate, speculative, or fraudulent information.
1-4) You understand and agree that we control only the webpages and input forms on the jobabstracts.com domain. After you register, a 3rd Party service provider (or aggregator) could contact you directly via email to provide information about their products or services. We are not responsible for any service provider, aggregator, or other third party that contacts you, nor for any subsequent agreement, transaction, or relationship you may enter into with them. Any such dealings are solely between you and the applicable third party and are at your own risk.
1-5) If you provide us with a valid cell phone number and opt into our SMS job alerts, it will be used exclusively by us to contact you to ensure that you can receive SMS text messages and then send you job alerts based on your job search interests. Please Note: we will not transfer your phone number to any third party, and you are cautioned not to provide a phone number to any other party without understanding their terms and conditions and how it will be used as their policies could differ from ours.
1-6) Your use of the our Website and Services is subject to all applicable federal, state, local, and other governmental laws and regulations. The Company reserves the right, in its sole discretion, to comply with any legal requirements, law enforcement requests, or demands from governmental or regulatory authorities, including by disclosing User Information to the extent such compliance requires or permits.
2) IMPORTANT INFORMATION -- CHILDREN UNDER AGE 16 RESTRICTIONS
2-1) 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.
3) UNSUPERVISED USE
3-1) 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.
3-2) 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.
3-3) 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.
4) INTELLECTUAL PROPERTY
4-1) The Website and all content available on or through it (collectively, the “Website Content”) contain intellectual property owned by the Company and/or third parties. As between you and the Company, the Company exclusively owns the Website and all Website Content, including (without limitation) all applicable U.S. and international copyrights, patents, trademarks, trade secrets, and other intellectual property rights. Except as expressly permitted elsewhere in these Terms, you may not download, save, reproduce, or otherwise copy any portion of the Website Content for any purpose. However, you may print individual screens from the Website Content solely for your personal, non-commercial use or record-keeping, provided that all Company marks, logos, legends, and other proprietary notices remain intact and are not removed from any printed or stored copies.
4-2) Unless expressly allowed in these Terms, you may not modify, copy, publish, display, transmit, adapt, or otherwise exploit any part of the Website content without first obtaining the Company's prior written consent (and, where required, consent from any other intellectual property rights holders). Unauthorized attempts to alter content, bypass security features, or use the Website for unintended purposes are strictly prohibited.
5) LINKS TO THIRD PARTIES
5-1) 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.
6) INDEMNIFICATION
6-1) 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.
7) NO WARRANTY
7-1) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY, ITS EMPLOYEES, AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, CONDITION, OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (i) any content on the Website or provided through the Services is accurate, complete, current, reliable, error-free, or legally compliant; (ii) the Services will meet your requirements or expectations; (iii) the Services will be available at any particular time or location, uninterrupted, timely, secure, or error-free; (iv) any defects or errors in the Services will be corrected; or (v) the Services or any content downloaded from them are free of viruses, malware, or other harmful components. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS RESULTING FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
7-2) THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT, SERVICE, OR CONTENT ADVERTISED, OFFERED, OR PROVIDED BY ANY USER, THIRD-PARTY PROVIDER, OR OTHER ENTITY ON OR THROUGH THE WEBSITE, THE SERVICES, OR ANY LINKED THIRD-PARTY WEBSITE OR SERVICE. THE COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, SUPERVISE, OR PARTICIPATE IN ANY WAY IN, ANY TRANSACTION OR AGREEMENT BETWEEN YOU AND ANY SUCH THIRD-PARTY PROVIDERS, ADVERTISERS, OR USERS.
7-3) THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES WILL SATISFY, MEET, OR ENSURE COMPLIANCE WITH ANY APPLICABLE LEGAL OBLIGATIONS, LAWS, RULES, OR REGULATIONS.
8) LIMITATION OF LIABILITY
8-1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE — FOR ANY: (i) direct, indirect, incidental, special, consequential, punitive, or exemplary damages or losses of any kind; or (ii) loss of profits, revenue, goodwill, use, data, business opportunities, or other intangible losses, arising from or relating to your use of, or inability to use, the Website or Services. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, UNAUTHORIZED ACCESS TO, OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION STORED THEREIN.
8-2) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, WHETHER SUCH DAMAGES ARE FORESEEABLE OR NOT. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY — WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, OR OTHERWISE — FOR ALL CLAIMS, LOSSES, OR DAMAGES RELATED TO THIS AGREEMENT OR THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00).
8-3) THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY OR BASIS OF THE CLAIM — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR ANY OTHER THEORY — AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
9) 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.
9-1) 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.
9-2) IF THE PARTIES DO NOT REACH A MUTUALLY AGREED RESOLUTION WITHIN THIRTY (30) DAYS AFTER INITIATING INFORMAL DISPUTE RESOLUTION, EITHER PARTY MAY COMMENCE BINDING ARBITRATION. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, BREACH, OR TERMINATION), THE PARTIES’ RELATIONSHIP, OR YOUR USE OF THE WEBSITE SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (EXCLUDING ANY RULES OR PROCEDURES THAT PERMIT CLASS ACTIONS). THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. THE ARBITRATOR MAY AWARD ANY RELIEF THAT WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, SUBJECT TO LIMITED REVIEW UNDER APPLICABLE LAW. THIS ARBITRATION AGREEMENT AND ITS INTERPRETATION AND ENFORCEMENT ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.
9-3) THE AAA’S CONSUMER ARBITRATION RULES (WHICH GOVERN THIS ARBITRATION) ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879. IF THE AAA FILING FEE EXCEEDS THE COST OF FILING THE SAME CLAIM IN COURT, THE ARBITRATOR MAY REQUIRE THE COMPANY TO PAY THE EXCESS AMOUNT. TO REQUEST THIS, SUBMIT YOUR FEE PAYMENT REQUEST TO THE AAA ALONG WITH YOUR ARBITRATION DEMAND FORM; THE COMPANY WILL ARRANGE TO PAY ALL REQUIRED FEES DIRECTLY TO THE AAA. EACH PARTY IS RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES, EXCEPT TO THE EXTENT THE AAA RULES OR APPLICABLE LAW PROVIDE OTHERWISE. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM IS NON-FRIVOLOUS AND YOUR TOTAL CLAIMED AMOUNT DOES NOT EXCEED $75,000, THE COMPANY WILL PAY ALL ACTUAL AAA FILING FEES AND ARBITRATOR COMPENSATION FOR THE ARBITRATION. THE AAA RULES ALSO PERMIT RECOVERY OF ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
9-4) THE PARTIES ACKNOWLEDGE THAT, BY AGREEING TO THIS ARBITRATION PROVISION, THEY ARE WAIVING THEIR CONSTITUTIONAL RIGHT TO A JURY TRIAL AND TO PURSUE CLAIMS IN COURT. THE PARTIES FURTHER ACKNOWLEDGE THAT, IN CERTAIN CIRCUMSTANCES, THE COSTS OF ARBITRATION MAY EXCEED THE COSTS OF LITIGATION IN COURT, AND THAT THE RIGHT TO DISCOVERY IN ARBITRATION MAY BE MORE LIMITED THAN IN A CIVIL COURT PROCEEDING.
9-5) The parties agree that arbitration will be conducted solely on an individual basis and not as a class, collective, consolidated, or representative action. The parties expressly waive any right to bring or participate in a class action, collective action, or any other proceeding in a representative capacity. If any court or arbitrator determines that this class action waiver is unenforceable or invalid for any reason, or that arbitration may proceed on a class, collective, or representative basis, then the entire arbitration provision set forth above shall be deemed null and void, and the parties shall be deemed not to have agreed to arbitrate any disputes.
9-6) Notwithstanding the parties’ agreement to arbitrate all disputes, either party may bring an action in small claims court for any dispute or claim that falls within the jurisdictional limits of that court.
9-7) You may opt out of the arbitration provision above and not be bound by it. To opt out, you must send written notice to the Company within 30 days after registering to use the Company website Send your notice to: info@jobabstracts.com. The subject line must read: "Arbitration Opt-Out". The notice must include your telephone number(s) and a clear statement such as: "I reject the arbitration provision in the Company's Website Terms and Conditions." If you validly opt out, neither you nor the Company will be bound by the arbitration provision. Failure to provide timely and complete notice will make the opt-out ineffective.
9-8) In the event that, or 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 state or federal court located in Los Angeles County, California. Except for small claims court actions which may be brought in the county where you reside.
Futhermore, both parties expressly consent to exclusive jurisdiction in Los Angeles County, California for any litigation other than small claims court actions.
10) COPYRIGHT COMPLAINTS
10-1) 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.
11) SEVERABILITY AND WAIVER
11-1) Each provision of this Agreement constitutes a separately enforceable obligation. If any provision is found to be unenforceable or illegal, it shall be reformed only to the minimum extent required to make it enforceable, while preserving the Agreement's overall effect and intent; the remainder of the Agreement shall continue in full force and effect.
11-2) 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.
12) MISCELLANEOUS
12-1) 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.
12-2) We are not responsible for any data you may enter after leaving our website. Please make sure you understand, read carefully and agree to that website's Terms & Conditions and Privacy Policies as they may differ from ours and are not in our control.
12-3) This Agreement is the entire agreement between you and the COMPANY governing your use of the Website and Service. Continued use supersedes any prior agreements. You may also be subject to additional terms and conditions that apply when you use, access, or purchase other Company services, affiliated services, third-party content, or third-party software.