Last Updated: 1 December 2021
Jobandtalent understands as "Applicants" all those users, who are natural persons, who are searching for a job and who use the Jobandtalent services and Products and access the platforms owned by Jobandtalent.
In this respect, the purpose of Jobandtalent is to provide the Applicant with access to job offers published by Companies registered in the platform through its local website and its Mobile App. The purpose of Jobandtalent is also to recommend job offers to the applicants that match their professional profile and/or the professional preferences chosen by the applicant. These recommendations will be made through the specific recommendation section and through e-mail communications or mobile notifications.
In addition to this, the purpose of Jobandtalent is to hire selected applicants through temporary work agencies and to provide them with all the work-related services linked to their hiring process.
- Intellectual Property Ownership; Your Rights to Use the Products and Content.
- Ownership. The Products and all of the Products’ content (collectively, “Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Jobandtalent, our licensors, and/or certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Products is the property of Jobandtalent, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Jobandtalent owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Products.
- Display, view, use, and play the Content on a computer, mobile, or other internet-enabled or permitted device (“Device”) and/or print one (1) copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
- Subject to any applicable Additional Terms, if the Products include a “Send to Friend,” social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes Content, or to post our Content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do NOT do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
- If the Products includes a “Download” link next to a piece of Content (including an image, an icon, a wallpaper, a music track, a video, a trailer, or an RSS feed), you may only download a single copy of such Content to a single Device;
- Download, install and use one (1) copy of any software, including apps, that we make available on or through the Products (“Software”) on your Device in machine-executable object code form only and make one (1) additional copy for back-up purposes; provided, however, that you understand and agree that:
- by allowing you to download the Software, Jobandtalent does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Jobandtalent and/or its third-party Software licensor) will retain full and complete title to such Software);
- you may not assign, rent, lease, or lend the Software to any person or entity, and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and
- you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
- If made available to you, obtain a registered personal account (and/or related username and password) on the Products and interact with the Products in connection therewith;
- Link to the Products from a website or other online service, so long as:
- the links only incorporate text, and do not use any Jobandtalent names, logos, or images;
- the links and the content on your website do not suggest any affiliation with Jobandtalent or cause any other confusion; and
- the links and the content on your website do not portray Jobandtalent or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Jobandtalent. Jobandtalent reserves the right to suspend or prohibit linking to the Products for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party;
- Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Products; and
- Rights of Others. In using the Products, you must respect the Intellectual Property and rights of others and Jobandtalent. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Products, see Section 4 below.
- Job Candidacy Information and Employment Search Services
- Scope of jobtalent Job Candidacy Information and Employment Search Services:
- Jobandtalent Products, Content, and all related services (hereinafter the “Services”) are directed towards the provision of job candidacy information and employment search services. The services which Jobandtalent offers to you primarily include the following:
- Signing up for a free job applicant account in the Jobandtalent platform through the service-activation process in order to contact companies.
- Services and tools for the job search management through the Jobandtalent platform.
- Customized home page in the private menu.
- Jobandtalent can proactively suggest the job applicant as a possible applicant for job offers if the user's profile matches the profile sought by the companies.
- Job recommendation service: automatic and free offers sent to the platform. Jobandtalent offers the possibility of being notified of the job offers which best suit the job applicant's profile through e-mail communications in a quick and private way and free of charge.
- Services of promotional e-mail communications related to the employee recruitment and training sector.
- Being possibly hired by our temporary work agencies in those countries where we provide this service for the user companies.
- Possible signing of the contract and Service of work-related documentation through our app: contract, extensions, pay slips issued with the frequency stipulated in it, etc.
- Other services which Jobandtalent may create and which, according to it, may be interesting for job applicants using the Services, such as advice, training, professional contact network, forums, access to news, etc.
Jobandtalent does not require any payment for job applications and does not charge any fees for obtaining work with them. If you have any information regarding anyone being charged for securing work with Jobandtalent or being asked for money or gifts to be kept employed, please notify us immediately by email: [email protected].
- Professional References
The professional references are collected through restricted fields, and there is a score system to assess the professional qualities of the applicants. Ex-employers may also include a voluntary comment about the professional performance of the applicants. Jobandtalent assesses the information collected by the restricted fields of scores, and especially by the voluntary comment fields, in order to ensure that the quality principle of the data is observed and that this information is not excessive or exaggerated for their purpose. In addition to this, this control allows Jobandtalent to check that the information from the applicants which is specially protected is not collected.
- Obligations of the Job Applicant Using the Services
Jobandtalent makes the use of most of its Services conditional to the prior filling of the corresponding job applicant sign-up form in the platform. When signing up, you shall select an identifier (ID or login) and a password, and you undertake to keep it and use it with due diligence.
All passwords issued through the Jobandtalent Products are personal and non-transferrable, and the transfer of same passwords to third parties, even if it is temporary, are not allowed. In this respect, the job applicant shall take all the necessary measures in order to guard their password, preventing it from being used by third parties. Thus, the job applicant is solely responsible for the use of their password and otherwise Jobandtalent shall be held harmless. If the Applicant knows or suspects their password is used by third parties, they shall promptly notify Jobandtalent in writing.
When processing the sign-up information, the Applicant guarantees that he/she is over the minimum legal working age limit for the country where he/she is looking for a job, that he/she holds all necessary work permits and other authorizations and that he/she is authorized to enter into an employment relationship.
Regarding the SMS services or mobile notifications, the Applicant guarantees that he/she is the holder, subscriber or user of the declared mobile phones and he/she is responsible for communicating any change to Jobandtalent or, if possible, to make changes himself/herself in his/her profile area.
In any case, the Applicant shall be solely responsible for the false or inaccurate statements made and for the damages caused to Jobandtalent or to third-parties due to the information they provide.
- Content You Submit; Interactive Community Rules.
- your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark UGC as “confidential,” “proprietary,” or the like – and will not be returned; and
- In your communications with Jobandtalent, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Jobandtalent retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Jobandtalent’s receipt of your Unsolicited Ideas and Materials is not an admission by Jobandtalent of their novelty, priority, or originality, and it does not impair Jobandtalent’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.
- You may not post on or transmit through the Products any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule, or regulation of the laws applicable to you or applicable in the country in which the material is posted. We reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting or other UGC (including private messages) from you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community at any time, for any or no reason, without prior notice or explanation and without liability.
- You may not post UGC that: (A) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming"; (B) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (C) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (D) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; (E) includes a photograph or video of another person that you have posted without that person's consent; (F) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Products; (G) involves the use of viruses, bots, worms, or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise may permit the unauthorized use of or access to a computer or a computer network; (H) covers or obscures the banner advertisements on your personal profile page; (I) involves any automated use of the Products, such as using scripts to add friends or send comments or messages; (J) interferes with, disrupts or creates an undue burden on the Products or the networks or services connected to the Interactive Community; (K) impersonates or attempts to impersonate another Interactive Community user, person, or entity; (L) uses the account, username, or password of another Interactive Community user at any time or discloses your password to any third party or permits any third party to access your account; (M) sells or otherwise transfers your profile; or (N) uses any information obtained from the Products or Interactive Community in order to harass, abuse or harm another person or entity, or attempts to do the same.
- We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community for any reason.
- If you become aware of misuse of the Interactive Community, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law, please contact us. Notwithstanding the foregoing and to the maximum extent permitted by applicable law, we assume no responsibility for ongoing monitoring of the Interactive Community or for removal or editing of any UGC, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or UGC within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community. The Interactive Community is not designed for use by individuals under the age of eighteen (18) years ("Minors"). No one under the age of eighteen (18) is permitted to register or create user profiles. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.
- Interactive Community users may upload to or otherwise submit to us for distribution on the Interactive Community and the Products: (A) UGC that is not subject to any copyright or other proprietary rights restrictions; or (B) UGC that the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. Any copyrighted or other proprietary UGC distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". We are entitled to presume that all UGC conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary UGC is illegal and could subject the user to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community users assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from an unauthorized submission or submission of UGC. We assume no liability for any damage resulting from any infringement of copyright or proprietary rights, or from any other harm arising from any UGC.
- Using the Products; Products and Content Use Restrictions.
- Creating an Account. You must set up your own account (or by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Products. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason at our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
- Products Use Restrictions. You agree that you will not:
- use the Products for any political or commercial purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products);
- use any meta tags or any other “hidden text” utilizing any Intellectual Property;
- engage in any activities through or in connection with the Products that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Jobandtalent;
- decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Products by any means whatsoever or modify any Products source or object code or any Software or other products, services, or processes accessible through any portion of the Products;
- engage in any activity that interferes with a user’s access to the Products or the proper operation of the Products, or otherwise causes harm to the Products, Jobandtalent, or other users of the Products;
- interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) of the Products or any feature that restricts or enforces limitations on use of or access to the Products, the Content, or the UGC;
- harvest or otherwise collect or store any information (including personally identifiable information about other users of the Products, including email addresses, without the express consent of such users);
- attempt to gain unauthorized access to the Products, other computer systems or networks connected to the Products, through password mining or any other means; or
- Content Use Restrictions. You also agree that, in using the Products, you will:
- not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Products by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- not frame or utilize framing techniques to enclose any the Content (including any images, text, or page layout);
- keep intact all trademark, copyright, and other Intellectual Property and other notices contained in the Content;
- not use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
- not make any modifications to the Content (other than to the extent of your specifically permitted use of the Jobandtalent Licensed Elements, if applicable);
- not insert any code or product to manipulate the Content in any way that adversely affects any user experience or the Products.
- Availability of Products and Content. Jobandtalent, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Products and/or Content (and any elements and features of them), in whole or in part, for any reason, in Jobandtalent’s sole discretion, and without advance notice or liability.
- Age of Users. Unless otherwise specifically noted in the features made available to you, the Products, Content, and any products and services appearing or marketed on the Products are intended for and directed towards the purchase and use by adults (those aged eighteen (18) years or above).
- Internet Connectivity Charges. Internet connectivity is required to access the Products. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
- Library Policy for Jobandtalent Products. Jobandtalent Products, including Jobandtalent’s mobile application (the “Mobile App”), may use third-party libraries necessary to allow you to enjoy all the functionalities of the Products. In order to monitor and improve performance of the Products, including the Mobile App, we may use various third-party libraries to track user browsing habits for Product performance review, maintenance, and improvement.
- Such third-party libraries may include, but are not exclusively limited to, the following third-party tracking platforms:
- Google Analytics
- Google Firebase
- AWS Amplify
- Salesforce Marketing Cloud SDK
- Notice and Take Down Procedure for Claims of Infringement.
- U.S. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Indeed infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site;
- the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Indeed a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to:
Jobandtalent Copyright Notice, 2222 Ponce de Leon, Miami, FL 33134 USA (dpo @ Jobandtalent.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
- Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via [email protected].
- Termination or Suspension.
- Disclaimers; Exclusions and Limitations of Liability.
- DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBANDTALENT AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “JOBANDTALENT PARTIES”) PROVIDE THE SITE, CONTENT, JOBANDTALENT LICENSED ELEMENTS, OR OTHER JOBANDTALENT PRODUCTS OR SERVICES ON AN "AS IS," "AS AVAILABLE," AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JOBANDTALENT PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SITE, CONTENT, LICENSED ELEMENTS, UGC, OR OTHER JOBANDTALENT PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBANDTALENT PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY JOBANDTALENT PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY JOBANDTALENT PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) JOBANDTALENT PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY JOBANDTALENT PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST JOBANDTALENT PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
- EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBANDTALENT PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SITE, CONTENT, LICENSED ELEMENTS, UGC, OR OTHER JOBANDTALENT PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT, OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY JOBANDTALENT PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including loss of profits, in connection with, or otherwise directly or indirectly related to the Products (including the Content and the UGC), including:
- your use of or inability to use the Products, or the performance of the Products;
- any action taken in connection with an investigation by JOBANDTALENT Parties or law enforcement authorities regarding your access to or use of the Products;
- any action taken in connection with copyright or other Intellectual Property owners or other rights owners;
- any errors or omissions in the Products’s technical operation or security or any compromise or loss of your UGC or other data or information; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the JOBANDTALENT Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Products).
- ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND JOBANDTALENT HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Jobandtalent agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
- Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Jobandtalent (the “Arbitrator”);
- Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of one hundred (100) miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Jobandtalent; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 USD in aggregate, by telephone or by written submission.
- Governing Law. The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- No Class Relief. The Arbitration can resolve only your and/or Jobandtalent’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Jobandtalent shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
- Modification of Arbitration Clause With Notice. Jobandtalent may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Jobandtalent has given notice of such modifications and only on a prospective basis for claims arising from Jobandtalent Transactions and Relationships occurring after the effective date of such notification.
- Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Jobandtalent in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
- General Provisions.
- Operation of Products; Availability of Products and Services; International Issues. Jobandtalent controls and operates the Products from the U.S., and makes no representation that the Products are appropriate or available for use beyond the U.S. If you use the Products from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.
- Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
- Entire Agreement. Except for any Additional Terms that apply to your use of the Products as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Products, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.