TERMS OF SERVICE
Last Updated: May 22, 2019
A.the Service is licensed, not sold to you, and that you may use the Service only as set forth in the Terms
- The Service is provided ‘as is’ without warranties of any kind and Good Natured Jobs liability to you is limited;
- Disputes arising here under will be resolved by binding arbitration.
- This service is only designed for citizens of the United States. If you are a member of the European Union please do not use this service.
By accepting the Terms, as provided in greater detail in Section 23 of the Terms, you and Good Natured Jobs are each waiving the right to a trial by jury or to participate in a class action; and will pursue mediation as a first step in resolution.
SECTION 1: OVERVIEW OF OUR SERVICE
- Overview. The Good Natured Jobs Service is an online platform and service which allows, among other things, the posting, searching and viewing of both employment opportunities and resumes for organizations and businesses related to the outdoor industry. Through the Service, individuals may create an online profile that includes a resume, biography, photo and other information about the user (each a ‘Profile’). Businesses may create and post online job listing that include information about potential employment opportunities that may be of interest to other users of the Service (each, a ‘Job Listing’). The Service allows its users to search Profiles and Job Listing and connect with other users based on their interests and employment opportunities.
- Your Responsibilities. You are solely responsible for any Profile or Job Listing that you upload, post or transmit (collectively, ‘Post’) to the Service. You are must ensure that all information included in any Profile, Job Listing or other materials Posted to the Service are accurate and truthful. Good Natured Jobs is not responsible for and shall not be liable in connection with any information or content Posted by a user to the Service, including in a Profile or Job Listing. We do not review or police Profiles, Job Listings, or any other materials Posted by users to the Service, but we reserve the right to remove any such materials from the Service and terminate access to the Service for any user, at any time and for any reason.
- Employers. Employers are solely responsible for their postings on Service. Good Natured Jobs is not to be considered to be an employer with respect to your use of the Service and Good Natured Jobs shall not be responsible for any employment decisions, for whatever reason, made by any entity posting Job Listing on the Service. You may not use the Service in any way that does not comply with applicable. For more information about the content Job Listings and related prohibit activities, see Section 7 below.
- Service Security. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at Good Natured Jobs’ sole discretion. Good Natured Jobs reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
- Changes to the Terms. The Service is owned and operated by Good Natured Jobs. Good Natured Jobs reserves the right to revise the Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms within the App and on the Website. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of the Terms has been posted by Good Natured Jobs constitutes your binding acceptance of such revised Terms. Notwithstanding the preceding sentences of this Section 2.f, no revisions to the Terms will apply to any dispute between you and Good Natured Jobs that arose prior to the effective date of such revision.
- Eligibility. If you are using or opening an account on the Service on behalf of a company or organization (each a ‘Subscribing Entity’), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the Terms and (ii) agree to be bound by the Terms on behalf of such Subscribing Entity.
- Children. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY Good Natured Jobs In order to use the Service, you must either be 18 years of age or possess parental or guardian consent, and you must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and to abide by and comply with the Terms. If you are under 18 years of age, by using the Service you certify that your parent or guardian has consented to your use of the Service and to the Terms on your behalf, and you acknowledge and agree that your use of the Service is at their discretion. Until you are 18 years old, your parent or guardian may ask us to modify, deny access to, or terminate your account and we may do so at their request or at any time, for any reason, without notice and liability to you.
Evolving Nature of Service. We are a small company and the Service is continually evolving. We may make changes to the Service at any time. If you don’t like the Service, think we can do things better or in any way disagree with the Terms, then we hope you will let us know and give us constructive feedback. Please feel free to email us at any time at [email protected] Terms is to discontinue your use of the Service.
SECTION 2: PAYMENT CONSIDERATION
- Fees and Subscriptions. Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. The fees to be charged for each features of subscription will be set forth on the Service. The fees are due and payable pursuant to the payment plan you select on the Service. Subscriptions will renew automatically according to your subscription term (i.e., an annual subscription will renew annually, monthly subscription will renew monthly). We may increase the fees, or begin charging fees for features that re currently free, upon notice to you, but no increase will apply to any subscription for which payment has already been received. You may cancel your subscriptions through the functionality provided in your Account area on the Service
- Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. If you pay any applicable fees with a credit card, Good Natured Jobs may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase
- Taxes. Customers are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Good Natured Jobs income. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
- Free Sections. Section features and sections of the Service are currently offered for free. You understand and agree that these Terms are entered into in consideration of your use of the Service and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
- Carrier Fees. The use of the Service via mobile of phone may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the â€œCarrierâ€) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
SECTION 3: SCOPE OF LICENSE TO USERS
- License Grant to You. The Service is licensed, not sold, to you for use only under the terms of the Terms. Subject to your complete and ongoing compliance with the terms and conditions of the Terms, Good Natured Jobs hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service, in both instances solely for your own use or for the Subscribing Entity on whose behalf you are authorized to act.
- License Limitations. You may not rent, lease, lend, sell, redistribute or sublicense the Service in any way. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and loss of access to the Service.
- Applicability to Updates. The terms of the Terms will govern any updates provided to you by Good Natured Jobs that replace and/or supplement the App, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
SECTION 4: REGISTRATION & ELIGIBILITY
- Registration. While you may always browse the public-facing pages of the Website for free to access most features of the Service, you must register for an user account on the Service (an “Account”). In order to register and create an Account , you will have to provide your first name and email address, and create a password. You are responsible for maintaining the security of your Account, and are fully responsible for all activities that occur through the use of your credentials by you or anyone authorized by you. You agree to notify [email protected] if you suspect or know of any unauthorized use of your log in credentials or any other breach of security with respect to your Account. Good Natured Jobs will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Good Natured Jobs of such unauthorized use or loss of your credentials.
- Public Availability of Username and Profile Picture. You understand that your username and Profile will be publicly available through the Service and that search engines may index your name and Profile. You should think carefully before using the Service and selecting a username and creating a Profile if you are concerned about your privacy or anonymity.
- Accuracy of Information; Rejection of Registered Names In using the Service, you agree to provide true, accurate, current, and complete information as requested in any registration forms required by Good Natured Jobs. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of the Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address provided by you are returned as undeliverable, then Good Natured Jobs reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.
SECTION 5: CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU
- User Content. This Section 6 governs any material that users Post to or through the Service or to us through email, text message, or via any other means permitted by Good Natured Jobs, including, by way of example and not limitation, Profiles, Job Listing, photographs, audiovisual works, artwork, literary works, comments, concepts, ideas, inventions, messages, feedback, suggestions, and any other work subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws (collectively, ‘User Content’). You are solely responsible for securing the rights to any and all User Content you Post to or through the Service, including obtaining the permission to use the image and likeness of any identifiable person included in a photograph Posted by you.
- License Grants to Good Natured Jobs
- By uploading and/or submitting User Content to the Service, and in consideration of the opportunity to have your User Content exposed to and consumed by other Users and the promotional value received therefrom, you hereby grant to Good Natured Jobs (and Good Natured Jobs’ assignees, designees, successors, licensees, and sub-licensees) an unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid up license throughout the world and during the term of the Terms to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User Content you upload to or through the Service through any media and formats now known or hereafter developed, for the purposes of: (i) transmitting, publicly displaying or distributing your User Content to other Users (subject to 6.b.iii below); and (ii) advertising, marketing, and promoting Good Natured Jobs, the Service, and the availability of your User Content on and through the Service.
- License for Name, Image, Voice, and Likeness. You further grant Good Natured Jobs a royalty-free license to Use your name, image, voice, and likeness (and that of any person identifiable in any User Content Posted by you to the Service) made available by or on your behalf through the Service in conjunction with advertising, marketing, or promoting you, your User Content, Good Natured Jobs or the Service. The foregoing license in the immediately preceding sentence shall survive the termination of your Account with respect to any of your User Content submitted or uploaded to the Service prior to such termination.
- Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service. For example, if you share your resume with a potential employer, they may print and store a digital or paper copy of your resume for their use in considering you for employment, and you are hereby granting any potential employers the right and license to do so.
- Limited Waiver of Rights. By uploading User Content to or through the Service you waive any rights to prior inspection or approval of any Use of your User Content in marketing or promotional materials related to such User Content created by Good Natured Jobs or for any Use by any Brand through the Widget. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Service, during the term of the Terms. You expressly release Good Natured Jobs and all of Good Natured Jobs’ agents, partners, subsidiaries, affiliates, licensees (including Brands), successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in the Terms.
- Representations and Warranties With Respect to Content You Upload. Except for materials provided to you by Good Natured Jobs through the Service, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of all of your User Content that you submit to the Service, or you have all rights, licenses, consents, and releases that are necessary to grant to Good Natured Jobs the rights in your User Content as contemplated under the Terms, and (ii) neither the User Content you submit to the Service nor your creation of, accessing, posting, submission or transmission of your User Content or Good Natured Jobs’ Use of your User Content (or any portion thereof) as permitted in the Terms will (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on non consensual recording, or otherwise), or (C) require Good Natured Jobs to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
- Prohibition on Uploading Objectionable Content. You agree not to submit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred (collectively, “Objectionable Content”), as determined by Good Natured Jobs in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
SECTION 6: JOB POSTING, PROFILES & RELATED PROHIBITED CONTENT/ACTIVITIES
- Job Listings, Profiles and your User Content may not contain: (i) inaccurate, false, or misleading information; (ii) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18; (ii) misleading, unreadable, or ‘hidden’ keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Good Natured Jobs’s reasonable discretion; and (iii) the names, logos or trademarks of unaffiliated companies
- You may not use the Service, Job Postings, or Profiles to:
- Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- Post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- Post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- With respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
- Post jobs or other advertisements for competitors of Good Natured Jobs or post jobs or other content that contains links to any site competitive with Good Natured Jobs
- Sell, promote or advertise products or services;
- Post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- Post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- Post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- Promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
- Post jobs for modeling, acting, talent or entertainment agencies or talent scouting positions;
- Advertise sexual services or seek employees for jobs of a sexual nature;
- Post jobs located in countries subject to economic sanctions of the United States Government; and
- Except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
The activities and conduct outlined in this Section 7 are not exhaustive and are qualified by other terms and provisions of the Terms.
SECTION 7: COMMUNITY MESSAGES
- General. Good Natured Jobs may provide facilities through which users of the Service may communicate with one another, such as via forums, or by commenting on another Profile or elsewhere on the Service (collectively, the “Community”). Your participation in the Community is a privilege, not a right, and Good Natured Jobs may terminate Community privileges of any user at any time and for any reason, without any liability to such user. While we invite you to express your thoughts and opinions in the Community and our supporters of free expression, we don’t want obnoxious comments in the Community and you must respect your fellow Users. This means don’t be a jerk. Harmful, obscene, or offensive communications are not welcome in the Community and Good Natured Jobs reserves the right to monitor, edit, pre-screen, and remove any Postings to the Community, although nothing herein requires Good Natured Jobs to monitor, edit or remove any Postings. If you find Objectionable Content in the Community, then please notify us by sending an email to [email protected].
- Community Postings. You should exercise discretion, good sense, and sound judgment when participating in the Community. Think and read twice before you Post anything to the Community. Once something is Posted in the Community or to the Service (e.g., Profile or Job Listing) it may live in perpetuity online, and materials Posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are solely responsible for the content of any User Content you Post to the Community or the Service. You must not Post any material to the Community or the Service that you consider to be confidential or proprietary. You agree that any Postings you make in the Community or to the Service are deemed public communications and that no confidentiality will be afforded such Postings. Your Community Postings are subject to the license grant to User Content in Section 6 above.
- Removal of Community Postings. We may provide functionality to delete User Content from the Community or Service, provided, however, that the removal of User Content from the Community or Service will not ensure the deletion of your User Content from computer servers owned or operated by or on behalf of Good Natured Jobs or the removal of your Postings from the files of any third parties who may have copied or further distributed your Postings. As such, your Postings may continue to be made publicly accessible indefinitely by such third parties, and Good Natured Jobs will have no liability for the continued availability of such Postings.
- No Endorsement. Good Natured Jobs does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any comments or Looks Posted to the Community. The opinions expressed in any Community are to be attributed solely to the person or entity that Posted such message. Any reliance you place on material or information set forth in the Community will be at your own risk.
- Messages. The Service may allow you to send messages (“Messages”) to other Registered Users of the Service. Sending Messages is a privilege, not a right, and Good Natured Jobs may terminate such privileges of any Registered User at any time and for any reason, without any liability to such User. Harmful, obscene, or offensive communications are not welcome in any Messages. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to [email protected]. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to communicate with another User offline or meet them in person. You agree that Good Natured Jobs may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as Good Natured Jobs may deem appropriate in its sole discretion.
- Events. The Community may allow Users to organize and attend events or gatherings with other Users who have similar interests (“Events”). If you choose to attend an Event, you do so at your own risk. You understand that Good Natured Jobs does not conduct criminal background checks on its Users, nor does it inquire into the background of all of its Users. Good Natured Jobs makes no representations or warranties as to the conduct of Users. IN NO EVENT SHALL Good Natured Jobs AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF AN EVENT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET IN PERSON AT AN EVENT OR OTHERWISE.
SECTION 8: THIRD PARTY MATERIALS; Good Natured Jobs CONTENT
- You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other Users (collectively, ‘Third Party Materials’), and data, information, applications, materials and other content from Good Natured Jobs (collectively, ‘Good Natured Jobs Content’ and, together with Third Party Materials, but excluding your User Content, ‘Service Content’), that may be offensive, indecent, or objectionable, and which may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the Service at your sole risk and that Good Natured Jobs shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
- You agree and understand that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information or materials except for permitted use of the Service. No portion of the Service may be reproduced by you in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever (e.g., hack the Service), including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Good Natured Jobs is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal or other harmful messages or transmissions that you may receive as a result of using the Service.
- In addition, Third Party Materials and Service Content that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. Good Natured Jobs makes no representation that the Service, any Third Party Materials, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws. Good Natured Jobs and its licensors reserve the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will Good Natured Jobs be liable for the removal or disabling of access to all or any portion of the Service at any time. Good Natured Jobs may also impose limits on the use of or access to all or any portion of the Service at any time, in any case and without notice or liability. You are solely responsible for maintaining back-up copies of any Content you upload to the Service. Although we may attempt to notify Users prior to the disabling of access to all or any portion of the Service, we are not obligated to provide such notice and you should not rely upon the continued availability of the Service for any User Content.
SECTION 9: THIRD PARTY WEBSITES, APPLICATIONS AND SERVICES
- The Application may provide you with access to third party websites (including the person websites of Users of the Service), databases, networks, servers, information, software, programs, systems, directories, applications, social networks (such as Facebook and Twitter) or products or services (collectively, “Third Party Services”).
- No Control Over Third Party Services. Good Natured Jobs does not have or maintain any control over Third Party Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any Third Party Services, Good Natured Jobs does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third Party Services.
- Disclaimer of Liability for Third Party Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services. Good Natured Jobs disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against Good Natured Jobs with respect to the content or operation of any Third Party Services.
SECTION 10: Your Use of the Service and Service Content. Your right to use the Service is expressly conditioned on the following:
- You may access the Service solely as intended through the provided functionality of the Service and as permitted under the Terms.
- Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Good Natured Jobs’ prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Good Natured Jobs’ express written consent:
- Altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
- Using any trademarks, service marks, design marks, logos, photographs or other content belonging to Good Natured Jobs or obtained from the Service.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the Terms, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Good Natured Jobs.
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Good Natured Jobs makes available the means for embedding any part of the Service or Service Content.
- You agree not to access, tamper with, or use non-public areas of the Service, Good Natured Jobs (and its hosting Good Natured Jobs’) computer systems and infrastructure, or the technical delivery systems of Good Natured Jobs providers.
- You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Good Natured Jobs employees and other Users.
- You agree not to provide any false personal information to Good Natured Jobs or any other User, or create a false identify or impersonate another person or entity in any way.
- You agree not to create a new account with Good Natured Jobs, without Good Natured Jobs express written consent, if Good Natured Jobs has previously disabled an account of yours.
- You agree not to solicit, or attempt to solicit, personal information from other Users.
- You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users.
- You agree not to use the Service, without Good Natured Jobs express written consent, to communicate or facilitate any commercial advertisement or solicitation.
- You agree not to gain unauthorized access to the Service, to other Users accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations or the Terms.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
- A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
SECTION 11: CONSENT TO USE OF DATA
- Ownership: The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of Good Natured Jobs and its licensors. Except for the limited licenses expressly granted to you under the Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted to you under the Terms, either expressly, or by implication, estoppel or otherwise.
SECTION 12: FEEDBACK
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending Good Natured Jobs or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively ‘Feedback’), then regardless of what your communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Good Natured Jobs, you agree that: (a) Good Natured Jobs has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (b) Feedback is provided on a non-confidential basis, and Good Natured Jobs is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (c) You irrevocably grant Good Natured Jobs and its successors and assigns perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including, by way of example and not limitation, by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
SECTION 13: TERMINATION
- Term. The Terms, as amended, will be effective commencing with your first use or registration of the Service and will remain in full force and effect throughout your use of the Service, until such time as you terminate your account or your account is terminated by Good Natured Jobs, subject to the Survival provision of the Terms.
- Termination by Good Natured Jobs. Good Natured Jobs may terminate your use of the Service or any features or functionalities of the Service at any time and for any reason, with or without notice, for conduct violating the Terms or upon Good Natured Jobs sole determination. You hereby agree to Good Natured Jobs’ broad right of termination. You agree that if your use of the Service is terminated pursuant to the Terms, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. Upon Good Natured Jobs’ termination of your use of the Service, Good Natured Jobs may delete any of your User Content available on or through the Service and terminate your access to your User Content if those materials remain on the Service, without any liability to you.
- Termination by You. You are free to terminate your use of the Service at any time; you can simply choose to stop visiting or using any aspect of the Service. If you wish to terminate your account on the Service, then you may do so by sending an e-mail to [email protected] or using any other account termination functionality that may be offered through the Service. If you terminate your account, then all of your User Content will be made inaccessible via the Service although copies of your User Content may remain stored on back-up storage media maintained by Good Natured Jobs. If you stop using the Service but your User Content remains on the Service, then the Terms will continue to apply in full force and effect for so long as such User Content is available on or through the Service. If you have terminated your account and wish for your User Content to be permanently deleted, please email us at [email protected].
SECTION 14: INDEMNITY
You agree to indemnify and hold Good Natured Jobs, Inc. and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Service Content, or (b) your violation of the Terms. Good Natured Jobs will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Good Natured Jobs is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding Good Natured Jobs inability to contact you in a timely manner. You agree that Good Natured Jobs shall, at your expense, have sole control over any defense against any claim for which you are obligated to indemnify Good Natured Jobs pursuant to this Section 16; provided, however, that you shall at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.
SECTION 15: NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL SERVICE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Good Natured Jobs HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY SERVICE CONTENT OFFERED BY Good Natured Jobs, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Good Natured Jobs DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER PRODUCTS, GOODS OR SERVICES, INCLUDING APPLICATIONS ON ANY MOBILE DEVICE ON WHICH YOU HAVE INSTALLED THE APP, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Good Natured Jobs OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE TERMS. SHOULD ALL OR ANY PORTION OF THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Good Natured Jobs OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Good Natured Jobs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Good Natured JobsS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
SECTION 17: THIRD PARTY DISPUTES
Good Natured Jobs IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE Good Natured Jobs (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
- Respect of Third Party Rights. Good Natured Jobs respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
- Repeat Infringer Policy. Good Natured Jobs intellectual property policy is to (a) remove or disable access to material that Good Natured Jobs believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any User Content uploaded to the Service by repeat infringers. Good Natured Jobs considers a ‘repeat infringer’ to be any User that has uploaded User Content or Feedback to or through the Service and for whom Good Natured Jobs has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. Good Natured Jobs has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Good Natured Jobs’ own determination.
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Good Natured Jobs with the User alleged to have infringed a right you own or control, and you hereby consent to Good Natured Jobs making such disclosure. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Good Natured Jobs to locate the material;
- Information reasonably sufficient to permit Good Natured Jobs to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information. Good Natured Jobs designated agent for receipt of Notifications of Claimed Infringement (the ‘Designated Agent’) can be contacted at:
Via E-mail:[email protected]
Via U.S. Mail: 727 E STREET SUITE 608, SAN DIEGO, CA 92107
- Counter Notification. If you receive a notification from Good Natured Jobs that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Good Natured Jobs with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Good Natured Jobs Designated Agent through one of the methods identified in Section 20.D and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Good Natured Jobs may be found, and that the subscriber will accept service of process from the person who provided notification under Section 20.C above or an agent of such person.
- A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Good Natured Jobs in response to a Notification of Claimed Infringement, Good Natured Jobs will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Good Natured Jobs will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Good Natured Jobs will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Good Natured Jobs’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Good Natured Jobs’ system or network.
- False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Good Natured Jobs] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Good Natured Jobs reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act or the procedures set forth in this Section 20 should be sent to the Designated Agent at [email protected] or to the postal address or facsimile number identified above. Any other comments, compliments, complaints or suggestions about Good Natured Jobs, the Service or any other matter should be sent to [email protected]
SECTION 18: DISPUTE RESOLUTION
- Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND Good Natured Jobs AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
- Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Good Natured Jobs, to you via any other method available to Good Natured Jobs, including via email. The Notice to Good Natured Jobs should be addressed to Good Natured Jobs, Inc., 727 E Street, Suite 608, San Diego, CA 92101, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and Good Natured Jobs do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Good Natured Jobs may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Good Natured Jobs, then Good Natured Jobs will promptly reimburse you for your confirmed payment of the filing fee upon Good Natured Jobs’ receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
- Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator with his or her primary place of business in San Diego County, California, shall be appointed pursuant to the Rules, as modified herein. You and Good Natured Jobs agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. YOU AND Good Natured Jobs AGREE THAT YOU AND Good Natured Jobs MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
- Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Good Natured Jobs seeks equitable relief of any kind. You acknowledge that, in the event of a breach of the Terms by Good Natured Jobs or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Good Natured Jobs, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in the Terms.
- Claims. You and Good Natured Jobs agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to the Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Improperly Filed Claims. All claims you bring against Good Natured Jobs must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Good Natured Jobs may recover attorneys’ fees and costs up to $5,000, provided that Good Natured Jobs has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- Modifications. In the event that Good Natured Jobs makes any future change to the Mandatory Arbitration provision (other than a change to Good Natured Jobs’ Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Good Natured Jobs’ Arbitration Notice Address, in which case your account with Good Natured Jobs and your license to use the Service shall terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, shall survive the termination of the Terms.
F.Enforceability. If only Section 21.a.iii or the entirety of this Section 21 is found to be unenforceable, then the entirety of this Section 21 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 22 shall govern any action arising out of or related to the Terms.
SECTION 19: GOVERNING LAW & CHOICE OF FORUM
The laws of the State of California, excluding its conflicts of law rules, govern the Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
SECTION 20: MISCELLANEOUS
- Amendment. Except as expressly provided in the Terms, the Terms may be amended only by a written agreement signed by the party against whom such change is to be enforced.
- Waiver. A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. No failure or delay on the part of Good Natured Jobs in the exercise of any power or right under the Terms shall operate as a waiver thereof. No single or partial exercise of any right or power under the Terms shall operate as a waiver of such right or of any other right or power. The waiver by Good Natured Jobs of a breach of any provision of the Terms shall not operate or be construed as a waiver of any other or subsequent breach of the Terms.
- Severability. Except as expressly provided for in Section 21.f, if any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. You may not assign the Terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Good Natured Jobs. Good Natured Jobs may assign the Terms, including all its rights hereunder, without restriction.
- No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Good Natured Jobs as a result of the Terms or use of the Service. You further acknowledge that by submitting Your Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Good Natured Jobs other than pursuant to the Terms.
- Survival. The provisions of the Terms that are intended to survive the termination of the Terms by their nature will survive the termination of the Terms, including, but not limited to, Sections 2 (General), 6 (Content You Submit; License Grants from You), 7 (Job Posting, Profiles and Related Prohibited Content and Activities), 9 (Third Party Materials; Good Natured Jobs Content), 10 (Third Party Websites, Applications and Services), 11 (Your Use of the Service and Service Content), 12 (Consent to Use of Data), 13 (Ownership), 14 (Feedback), 15 (Termination), 16 (Indemnity), 17 (No Warranty), 18 (Limitation of Liability), 19 (Third Party Disputes), 20 (Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements), 21 (Dispute Resolution), 22 (Governing Law; Choice of Forum), and 23 (Miscellaneous).
- Headings. The heading references in the Terms are for convenience purposes only, do not constitute a part of the Terms, and shall not be deemed to limit or affect any of the provisions thereof.
- Contacting Good Natured Jobs. You can contact Good Natured Jobs by e-mail at [email protected], or by U.S. Post at Good Natured Jobs, 1037 NE 65th, Suite #88222, Seattle, WA 98115