Jobscan Terms of Service
Effective Date: Jan 4, 2019
These Terms of Service (“Terms”) apply to Jobscan.co and all of its proprietary websites, including those that link to these Terms as well as our other related mobile websites, mobile Jobscan applications (“mobile apps”), services, tools, and other applications that link to these Terms (collectively referred to as “Jobscan” or “Jobscan site”). Jobscan, as a corporation and entity is collectively referred to as “Jobscan” and is a representation of the company as a whole, including all subsidiaries. Thank you for visiting and learning more about Jobscan.
It is important to us that you, and our other visitors, have a special experience while using Jobscan and that when you use Jobscan you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of Jobscan. Please read these Terms carefully before using Jobscan, because they affect your legal rights and obligations.
Jobscan offers a product that evaluates a user’s resume and/or online professional profile and provides guidance on how to optimize the content and layout to better increase your chances of passing through applicant tracking system filters and searches as well as increase your online visibility and enhance your overall job search.
Jobscan may in the future provide job alerts or may use third parties and automated search engines to provide job alerts, matching employment opportunities found on third party job searching sites with your resume or Jobscan Profile, job search requests submitted by you, and/or other usage data relating to your use of Jobscan Applications. Jobscan tries to match the information available to ensure employment opportunities presented to you in job alerts match the type of career opportunities desired by you but Jobscan makes no guarantee that you will receive career opportunities or job alert leads you desire. Job Alerts are not a provided Jobscan feature at this time and will be made an opt-in feature when available.
This is a general audience website for adults. Jobscan is not intended for children under 16 years of age. By using Jobscan you warrant that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Jobscan does not authorize shared accounts. Group rates or domain accounts are controlled by the member who created the account, and whose payment method has been charged (the “Account Owner”) based on discussion and contractual agreement with Jobscan. The Account Owner may not invite or authorize other third parties to share in their subscription unless previously outlined in a contractual agreement with Jobscan. Users joining in any attempted shared account will be required to create their own separate and independent profile in order to have a distinct and personalized experience with our products and services.
PAYMENTS AND SUBSCRIPTIONS
30. If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree that Jobscan’s third party vendors may store your payment information. You also agree to pay the applicable fees for products/services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the products you order will be described on the offer page on Jobscan. When you sign up for automatic or recurring billing, you will be notified of the billing terms on Jobscan site and how to stop recurring billing. By signing up for Jobscan products or services with recurring billing, you will be deemed to agree to those billing terms as described specifically on Jobscan site. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may be subject to foreign currency exchange fees assessed by your bank or card issuer. Jobscan has the discretion to alter prices for products/services at any time. Jobscan is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. Jobscan does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your service by going to your Account Page. Jobscan does not guarantee refunds. You acknowledge that any products or services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service. Note that employers’ payment terms and subscriptions are governed by Jobscan’s Cancellation and Refund Policy.
THE INFORMATION YOU GIVE US MUST BE CORRECT
To access Jobscan membership or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of Jobscan that all the details you provide be correct, current, and complete. If the Jobscan believes the details are not correct, current, or complete, we have the right to refuse you access to Jobscan membership or any of its resources, and to terminate or suspend your account.
YOUR USE OF MATERIALS; LICENSE
Your right to make use of the Jobscan site and any materials appearing or incorporated by Jobscan on the Jobscan site, including data files, program files, software, codes and other materials that are made available to download from Jobscan (collectively, “Material”), is subject to your compliance with these Terms. Modification or use of the Material or any other content on Jobscan for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
Jobscan hereby grants you a personal, revocable, nonexclusive, nontransferable license to use the Jobscan site, conditioned on your continued compliance with these Terms. Pursuant to such license, you may copy, access, download and display Material and all other content displayed on Jobscan for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on Jobscan may not otherwise be modified, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Jobscan. Any authorization to copy or download Material granted by Jobscan in any part of this site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Jobscan into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. As a further condition of use of the Jobscan site, you warrant to Jobscan that you will not use Jobscan site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Questions about our Terms may be sent to [email protected] or as otherwise set forth in the Terms.
USE OF FORUMS
THE MATERIALS, INFORMATION, AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES, OR OTHER FORUMS ON JOBSCAN (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE JOBSCAN GROUP OR CONTENT PROVIDERS. JOBSCAN DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF JOBSCAN. JOBSCAN MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN JOBSCAN’S SOLE DISCRETION BUT IS UNDER NO OBLIGATION TO DO SO. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT BELOW.
From time to time, areas on Jobscan may expressly request submissions of ideas or improvements through promotions, surveys, or otherwise (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on Jobscan to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to Jobscan unless expressly stated in new terms laid out by the company.
OUR USE OF YOUR CONTENT
In order to use Jobscan, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to Jobscan on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
RESPONSIBLE USE OF JOBSCAN
Jobscan’s Free and Premium subscriptions are services that may be used only by individuals seeking employment and/or career information. Individuals are not permitted to share accounts or utilize these services on behalf of others. Jobscan does permit employment professionals (e.g., career coaches, recruiters, resume writers, etc.) to use Jobscan’s services on behalf of more than one individual with the purchase of a Jobscan Coach subscription. Please act responsibly when using Jobscan. You may only use Jobscan and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through Jobscan. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to Jobscan is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through Jobscan are the sole responsibility of the sender, not Jobscan, and that you are responsible for all material you upload, publicly post, or otherwise transmit to or through Jobscan.
We at Jobscan require that you do not post resumes, cover letters, send emails, submit to, or publish through forums available on Jobscan, or otherwise make available on the site, any content, or act in a way, which in our opinion:
- Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
- Disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any actor appearing in the content;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- Violates any law or may be considered to violate any law;
- You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- Advocates or promotes illegal activity;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Solicits funds, advertisers or sponsors;
- Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via Jobscan;
- Copies any other pages or images on Jobscan except with appropriate authority;
- Includes MP3 format files;
- Amounts to a ‘pyramid’ or similar scheme;
- Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
- Disobeys any policy or regulations established from time to time regarding use of Jobscan or any networks connected to this site; or
- Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Jobscan anywhere on Jobscan (e.g., on any web space made available for your use).
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of Jobscan by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on Jobscan.
Jobscan reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Jobscan may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Jobscan may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Jobscan believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Jobscan will fully cooperate with any law enforcement authorities or court order requesting or directing Jobscan to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE, AND HOLD HARMLESS ALL MEMBERS OF THE JOBSCAN GROUP FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE JOBSCAN GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE JOBSCAN GROUP OR LAW ENFORCEMENT AUTHORITIES.
You agree to indemnify and hold harmless Jobscan and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from (a) your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, (b) from your placement or transmission of any content onto Jobscan’s servers, (c) from any and all use of your account, and (d) any dispute between you and any other member of the Jobscan site or other third party.
- retain ownership of your User Content, and
- grant to Jobscan, and to any employer to which your User Content is provided, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by Jobscan and/or by any person authorized by Jobscan, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
- waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
- appoint Jobscan as your agent with full power to enter into any document and/or do any act Jobscan may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
- warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party; and
- confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Jobscan shall not be liable for any use or disclosure of such User Content.
By submitting, posting or displaying User Content on or through Jobscan, you grant Jobscan a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through the Jobscan sites. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Jobscan a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Jobscan and its services. Jobscan will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Jobscan. Jobscan reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
Jobscan and materials incorporated by Jobscan on this site, including data files, program files, software, codes and other materials that are made available to download from Jobscan (“Material”) belong to Jobscan and are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated by Jobscan on this site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Jobscan or others (“Trademarks”). Jobscan respects the intellectual property rights of others and asks users of Jobscan to do the same. The use or misuse of the Copyrights or Trademarks, except as permitted herein, is prohibited and nothing stated or implied on Jobscan confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of Jobscan or any third party. Except as provided herein, Jobscan does not grant any express or implied rights to you.
CLAIMS OF INFRINGEMENT
If you believe that any content appearing on Jobscan infringes your copyright rights, we at Jobscan want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
4616 25th Ave NE #388
Seattle, WA 98105
Email: [email protected]
Jobscan seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) of the Digital Millennium Copyright Act or elsewhere.
USERNAME AND PASSWORDS
Any usernames and passwords used for Jobscan are for individual use only. You shall be responsible for the security of your username and password (if any). Jobscan shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Jobscan considers insecure, Jobscan will be entitled to require this to be changed and/or terminate your account.
VIOLATION OF SECURITY SYSTEMS
You are prohibited from using any services or facilities provided in connection with Jobscan to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Jobscan reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
RESERVATION OF RIGHTS
Jobscan reserves the right to modify or discontinue, temporarily or permanently, all or any part of Jobscan site and/or any software, facilities and services on Jobscan site, with or without notice, and/or to establish general guidelines and limitations on their use.
Jobscan site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. These other sites are not under the control of Jobscan, and you acknowledge that (whether or not such sites are affiliated in any way with Jobscan), Jobscan is not responsible for the accuracy of job postings, employer descriptions, candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Jobscan or any association with its operators. Jobscan does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
In addition, any area of Jobscan site that is accessed through any proprietary online service (such as LinkedIn single sign on) is also subject to the rules, policies and guidelines of such proprietary online service.
ASSUMPTION OF RISK
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Jobscan has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Jobscan site over the Internet cannot be guaranteed. Accordingly, Jobscan and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Jobscan site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Jobscan site.
LIMITATIONS ON LIABILITY
PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We do our best to describe every product or service offered on Jobscan as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Jobscan shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
Jobscan makes no representation that Materials or other content on Jobscan site are appropriate or available for use outside of the United States. If you choose to access Jobscan site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.
DISCLAIMER OF WARRANTIES.
YOUR USE OF JOBSCAN IS AT YOUR OWN RISK. JOBSCAN AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOBSCAN AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE JOBSCAN (“JOBSCAN GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE JOBSCAN GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE JOBSCAN GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON JOBSCAN OR ANY WEBSITES LINKED TO JOBSCAN IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE JOBSCAN GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN JOBSCAN OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE JOBSCAN GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF JOBSCAN OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING JOBSCAN FROM ANY JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES (INCLUDING THE EUROPEAN UNION), NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
THE JOBSCAN GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, JOBSCAN OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES, OR OTHER CONTENT ON JOBSCAN OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, AND EVEN IF ANY MEMBER OF THE JOBSCAN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE JOBSCAN GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT POSSIBLE BY LAW, JOBSCAN GROUP’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY JOBSCAN SITE OR YOUR USE OF THE JOBSCAN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
CHOICE OF LAW, VENUE AND ARBITRATION
With the exception of paragraph (a) below (“US Residents”) which will be construed in accordance with the Federal Arbitration Act (“FAA”), to the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as they are applied to agreements entered into and to be performed entirely within the State of Washington.
- US Residents: Binding Arbitration of All Disputes; No Class Relief. To the fullest extent permissible by law, with the exception of disputes pertaining to Jobscan’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and Jobscan arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Washington state or federal court with substantial experience in the internet industry and shall follow Washington substantive law in adjudicating the dispute, except that this paragraph (a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Jobscan agree that we intend that this paragraph (a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Jobscan. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Jobscan shall pay the costs and fees of JAMS and the arbitrator. Jobscan agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
- Non-Us Residents. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to Jobscan or Terms of Service, then you and Jobscan agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this clause (b) Your notice to us must be sent to us at [email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, Jobscan and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Jobscan to resolve the dispute on terms either you or Jobscan, in each of our sole discretion, are uncomfortable. Nothing in this paragraph will prevent a party from pursuing their claims in court or another complaint process.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of Jobscan site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
UPDATES TO TERMS
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this page. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on Jobscan. You should visit this page regularly to review the current terms. Your continued use of Jobscan will be deemed as irrevocable acceptance of any revisions adopted in accordance with these Terms.
HOW TO CONTACT US
Please forward any comments or complaints about Jobscan to [email protected]. Please forward any questions regarding privacy and other legal matters to [email protected] or write to Jobscan Founders 4616 25th Ave NE Suite 388 Seattle, WA 98105.