Terms & Conditions
Thank you for visiting the Job Matches Online website located at https://www.jobmatchesonline.com/" (the “Site”). The Site is an Internet property of Job Matches Online (“Job Matches Online,” “we,” “our” or “us”). The following Job Matches Online Terms of Use (“Terms of Use”) are inclusive of the Job Matches Online Privacy Policy (“Privacy Policy”), and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he: (a) accesses and/or uses the Site; (b) accesses and/or views any of the: (i) links to third-party websites and/or resources (collectively, “Third-Party Links”); and/or (ii) text, video and/or other information pertaining to job listings, as well as employment-related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); (c) utilizes the searchable database (“Database”) in order to view job listings (“Listings”) as made available by Job Matches Online's third-party employment and third-party marketing partners (“Third-Party Employers”) (collectively, the “Listing Services” and “Marketing Partners”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site (“Contact Methods”) as a means to contact directly, or request to be contacted by, Job Matches Online and/or Third-Party Employers and/or Third-Party Marketing Partners in connection with certain Listings (collectively, the “Contact Services”). For purposes of this Privacy Policy, the Site, Content, Database, Listings, Listing Services, Contact Methods and Contact Services shall be referred to, collectively, as the “Site Offerings.”
By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST Job Matches Online, AS WELL AS ITS PARENT, SUBSIDIARIES, SHAREHOLDERS, RELATED PARTIES, THIRD-PARTY EMPLOYERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
PLEASE BE ADVISED THAT Job Matches Online IS NOT ENGAGED IN RENDERING EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE OFFERINGS SHOULD BE CONSTRUED AS SUCH. Job Matches Online DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE CONTENT, INFORMATION OR LISTINGS MADE AVAILABLE BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY EMPLOYERS, NOR DOES Job Matches Online REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR CONSTITUENT LISTINGS ARE ACCURATE, COMPLETE OR APPROPRIATE. Job Matches Online ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH CONTENT, INFORMATION AND/OR LISTINGS. CHECK WITH YOUR PROFESSIONAL ADVISORS BEFORE ACTING ON ANY CONTENT, LISTINGS AND/OR OTHER INFORMATION PROVIDED BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY EMPLOYERS. INCOME AND EMPLOYMENT RESULTS ASSOCIATED WITH THE USE OF THE SITE OFFERINGS ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE, WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF EMPLOYMENT, INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE SITE OFFERINGS.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Job Matches Online with respect to Users' use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Job Matches Online may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User's continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.
Job Matches Online may terminate a User's access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Job Matches Online believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Job Matches Online does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Job Matches Online does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Job Matches Online has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Listing Services. The Listing Services provide Users with the opportunity to: (a) conduct searches for various Third-Party Employers and/or Third-Party Marketing Partners by location and job type; (b) view the Listings that match the Third-Party Employer and/or Third-Party Marketing Partner search results; (c) receive e-mail alerts from Job Matches Online and/or applicable Third-Party Employers and/or Third-Party Marketing Partners containing Listings that either match their search results or other opportunities that may be of interest to users; and (d) obtain contact information for such Third-Party Employers and/or Third-Party Marketing Partners in order to contact them regarding their Listings. The Listings contain descriptions of employment opportunities that are provided directly by the applicable Third-Party Employers and/or Third-Party Marketing Partners. Job Matches Online does not represent or warrant that the descriptions of the employment opportunities in the Listings are accurate or complete. As a result, Job Matches Online has no control over: (i) the quality, safety or legality of the Listings and Site Offerings; (ii) the truth or accuracy of the Listings; and/or (iii) the ability of the applicable Third-Party Employers and/or Third-Party Marketing Partner to consummate any employment relationship. Do not assume that the any employment opportunity is valid and legal simply because it is posted as a Listing on the Site. We are not responsible for ensuring that the applicable Third-Party Employer actually and/or Third-Party Marketing Partner consummate any employment relationship. Please be further advised that: (A) Job Matches Online does not itself provide the Listings and/or employment opportunities by and through the Site Offerings; and (B) the Listings and the associated terms and conditions of any employment offering featured in the Listings (“Employment Offering” and/or “Site Offering”) will be determined by the subject Third-Party Employers and/or Third-Party Marketing Partner. Some of the Third-Party Employers and/or Third-Party Marketing Partner that are accessible by and through the Listing Services pay a fee for inclusion in the Database or otherwise compensate Job Matches Online for successful employment matches and/or site offerings in connection with same.
4. No Automatic Queries. You may not send automated queries of any sort to the Site, Listing Services or other Site Offerings without express written permission in advance from Job Matches Online. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to the Site, Listing Services or other Site Offerings;
- "meta-searching" the Site, Listing Services or other Site Offerings; and/or
- performing "offline" searches of the Site, Listing Services or other Site Offerings.
5. Registration; Demographic Data. Where a User attempts to utilize the Contact Services and/or Listing Services, that User may be required to submit, and Job Matches Online may collect, some or all of the following information: (a) the User's e-mail address; (b) the User's zip code; (c) the applicable job type that the User is interested in; and (d) any other information requested on the applicable form (collectively, the “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in a current and accurate fashion. Job Matches Online's use of the Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here
Upon entering Registration Data in connection with the Listing Services and clicking on the applicable submission button on the Site, Job Matches Online may pass Registration Data along to one (1) or more Third-Party Employers and/or Third-Party Marketing Partners
6. Text Messages. Where you provide "prior express consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you consent to receive SMS messages, delivered via automated technology, from Job Matches Online and/or its designated Third-Party Employers and/or Third-Party Marketing Partners. You may receive a maximum of fifteen (15) such SMS messages per calendar month per employer and/or marketing partner. Standard message and data rates may apply to any SMS/text messages. Text "STOP" to opt-out from future messages. No other words or combination of words will achieve a successful opt out result. You may text "HELP," or email us at: info@jobmatchesonline.com for help. We shall not be liable for delayed or undelivered messages.
Active keywords include: "HELP," "STOP," "END," "QUIT," "CANCEL" AND "UNSUBSCRIBE."
Participating Carriers: The following mobile carries are not liable for delayed or undelivered messages:
AT&T, Alltel, T Mobile, Verizon Wireless, U.S. Cellular, Sprint, Boost, Metro PCS, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, Centennial, Cox Communications, ECIT - Cellular One of East Central Illinois, EKN - Appalachian Wireless, GCI Communications, Immix - PC Management, Inland Cellular, IVC - Illinois Valley Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET and West Central Wireless.
Listings; Non-Endorsement; Passive Conduit.
(a) Job Matches Online operates the Site and Site Offerings as a passive conduit. Job Matches Online does not sponsor, recommend or endorse any Third-Party Employers, Listings, Site Offerings, and/or employment opportunities offered by the Third-Party Employers and/or Third-Party Marketing Partners (collectively, “Employment Offerings” and/or “Site Offerings”) that are accessible by and through the Database and/or Listing Services. The Site facilitates communication between Third-Party Employers and/or Third-Party Marketing Partners and potential employees and/or job applicants.
(b) Job Matches Online has no control over the quality of the Third-Party Employers, Marketing Partners, Listings and/or Employment Offerings.
(c) The Listings contain descriptions that are provided directly by the applicable Third-Party Employers and/or Third-Party Marketing Partners. Job Matches Online does not represent or warrant that such descriptions are accurate or complete. As a result, Job Matches Online has no control over the truth or accuracy of the Listings. Job Matches Online is not responsible for ensuring that the applicable Third-Party Employer and/or Third-Party Marketing Partner and/or User actually enter into an employer/employee or any other form of relationship. Job Matches Online does not guarantee that Users will successfully find employment through the Site Offerings. The determination of the need for employment and the choice of employers are extremely important decisions and should not be based solely on Listings, advertisements or rates offered by any Third-Party Employer and/or Third-Party Marketing Partner. Job Matches Online is not responsible for, and in no way endorses, any description or any Third-Party Employer and/or Third-Party Marketing Partner or Listing that is accessible through the Site Offerings. Job Matches Online does not review the credentials or standing of any Third-Party Employers and/or Third-Party Marketing Partners. Therefore, Job Matches Online makes no representation regarding the status, standing or viability of any Third-Party Employer and/or Third-Party Marketing Partner. When considering an Employment Offering, Users should make an independent investigation of, confirm and verify all claims made by, any Third-Party Employer and/or Third-Party Marketing Partner. Users are encouraged to use caution when reviewing any information submitted in connection with a Listing. You understand and agree that Job Matches Online shall not be liable to you or any third party for any Employment Offering offered by any Third-Party Employer and/or Third-Party Marketing Partner.
(d) Job Matches Online is not responsible for ensuring that the applicable Third-Party Employer and/or Third-Party Marketing Partner and/or User actually enter into a contractual relationship in connection with any prospective Listing Offerings. Job Matches Online does not guarantee that Users will successfully find Listing Offerings through the Site Offerings.
7. Content; Third-Party Links. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to employment matters and Listings, as well as regularly updated Third-Party Links. The Content is compiled, distributed and displayed by Job Matches Online, as well as Third-Party Employers and/or Third-Party Marketing Partners and other third-party content providers (collectively, “Third-Party Content Providers”). Job Matches Online does not control the Content provided by Third-Party Content Providers that is made available by and through the Site Offerings. Such Third-Party Content Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. Job Matches Online does not represent or warrant that the Content and other information posted by and/or through the Site Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that Job Matches Online will not be responsible for, and Job Matches Online undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Content Providers. Users agree that Job Matches Online shall have no obligation and incur no liability to such Users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
8. Interactions. Job Matches Online does not involve itself in the agreements between Users and Third-Party Employers and/or Third-Party Marketing Partners, or in the actual provision of Employment Offerings in connection with the relationships created thereby. Users are solely responsible for their interactions with Third-Party Employers and/or Third-Party Marketing Partners. Third-Party Employers and/or Third-Party Marketing Partners are solely responsible for their interactions with Users. Because Job Matches Online is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Employers and/or Third-Party Marketing Partners or other Users, you hereby release Job Matches Online from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Representations and Warranties. Each User hereby represents and warrants to Job Matches Online as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User which is fully enforceable against User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User represents that she/he/it has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any order, judgment or decree applicable to User; or (ii) any agreement or other instrument applicable to User; and (d) its performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules or regulations.
11. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Job Matches Online may terminate this license at any time for any reason. Unless otherwise expressly authorized by Job Matches Online, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Job Matches Online. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Job Matches Online. Each User further agrees to indemnify and hold Job Matches Online harmless for that User's failure to comply with this Section 11. Job Matches Online reserves any rights not explicitly granted in the Agreement.
12. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The "Job Matches Online" name and logo, and all associated graphics, icons and service names, are trademarks of Digital Performance Brands, Inc. All other trademarks appearing by and through the Site Offerings are the property of their respective owners. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
13. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Job Matches Online will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
14. Disclaimer of Warranties. THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, JOB MATCHES ONLINE MAKES NO WARRANTY THAT THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS: (A) WILL MEET ANY USER'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO QUALIFY FOR AND/OR RECEIVE EMPLOYMENT OFFERINGS FROM ANY OF THE THIRD-PARTY EMPLOYERS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. JOB MATCHES ONLINE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM JOB MATCHES ONLINE OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
15. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT JOB MATCHES ONLINE SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOB MATCHES ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, THIRD-PARTY EMPLOYERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE REALIZE ANY EMPLOYMENT, PROFESSIONAL, CAREER-RELATED AND/OR ECONOMIC BENEFIT; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF THE THIRD-PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES JOB MATCHES ONLINE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF JOB MATCHES ONLINE TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR JOB MATCHES ONLINE MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND JOB MATCHES ONLINE. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF JOB MATCHES ONLINE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Third-Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, the Third-Party Employer websites, other websites made available in connection with the Listings and/or Third-Party Links and/or Third-Party Marketing Partners. Job Matches Online does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Job Matches Online of the applicable website or any association with the website's operators. Because Job Matches Online has no control over such websites and/or resources, each User agrees that Job Matches Online is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User's data privacy by third-parties. Each User further agrees that Job Matches Online shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
17. Editing, Deleting and Modification. Job Matches Online reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
18. Use of User Information. All material submitted by Users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
19. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
20.Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Job Matches Online's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Job Matches Online may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
21. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Job Matches Online, you may email us as at: info@jobmatchesonline.com; or send us U.S. Mail to: .