Jabord Terms of Service

Effective Date: March 01, 2022

Please read these Terms and Conditions (collectively with Jabord Inc.’s Privacy Policy and DMCA Copyright Policy, the "Terms and Conditions") fully and carefully before using www.jabord.com, meetourcompany.com or other online properties that post this policy (the "Sites") and the services, features, content or applications offered by Jabord Inc. through the Sites ("Jabord", "we", "us" or "our") (together with the Sites, the "Services"). These Terms and Conditions set forth the legally binding terms and conditions (the “Agreement’) for your use of the Sites and the Services.

1. Acceptance of Terms and Conditions.

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Sites you agree to these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on the Sites by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.  Please note that candidates do not need to open an individual account to access the Services; nonetheless, you agree to these Terms and Conditions including if you use the Services without having established an account with us.   
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
  3. These Terms and Conditions apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
  4. Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

2. Access to the Services

You represent and warrant that you are an individual of at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. If you are agreeing to these terms on behalf of an entity, you represent and warrant that you are authorized to do so. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. Any use of the Sites other than for the purpose of locating employees or employment opportunities is strictly prohibited and a violation of these Terms and Conditions. We will use reasonable efforts to ensure that the Sites and Services are available twenty-four hours a day, seven days a week. However, there may be occasions when the Sites and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control. You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the sites, the services, your user content (as defined herein) or other content.

3. Registration

To open an account to access the Services (an “Account”) you will be asked to provide a unique login ID and password. (However, you need not open an Account to access the Services.) All information you provide to your Account must be accurate and complete, including your real name and certain information about your work and life experiences, and keep your Account information updated. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of or cancel a username at its discretion. You shall be responsible for maintaining the confidentiality of your Jabord password. You hereby irrevocably authorize us to disclose your personally identifiable information at the request of any state or federal agent or in response to any judicial process (including, without limitation, a subpoena). You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

4. Content

1. Definition

For purposes of these Terms and Conditions, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

2. User Content

Some features of the Services allow you to provide content (“User Content”) to the Services, such as a detailed career profile, profile picture, video profile, video cover letter, work samples, and resume information, which will be made available as part of your profile on our, Applicant Tracking System (“ATS”) and/or our clients ATS to enable you to apply to specific positions. For example, you can upload an existing resume or create a resume on our Services (your “Jabord Resume”)

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Think carefully before uploading any personal information. Do not provide sensitive financial or medical information or a government issued id (E.G., social security number, driver’s license or passport). Do not upload any information that does not belong to you or, if owned by someone else, you don’t have permission to use and distribute. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

3. Notices and Restrictions

The Services may contain Content specifically provided by us, our partners or licensees or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

4. Use License for the Services

Subject to these Terms and Conditions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services and for any other reason expressly granted to such user. Use, reproduction, modification, distribution or storage of any Content for other than such permitted purposes is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right, unless such right is expressly granted by us to you.

5. License Grant to Content

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Sites, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Sites or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services, provided, however, that our right shall only be in accordance with the privacy settings in your Account and our Privacy Policy.(Our collection, use and disclosure of Personal Information is governed by the Privacy Policy.)

You hereby do and shall grant each user of the Sites and/or the Services who has access to your User Content, a non-exclusive, perpetual license to (i) access your User Content through the Sites and/or the Services, solely for internal employment and hiring purposes, and (ii) use, reproduce, distribute, prepare derivative works of, display and perform such User Content, solely for internal employment and hiring purposes, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

6. Availability of Content

We do not guarantee that any Content, including User Content, will be made available on the Sites or through the Services. We reserve the right to, but do not have any obligation to remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions).

5. Rules of Conduct

  1. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with your Account and the Services.
  2. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
    1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy regarding the procedures to notify use regarding possible copyright infringement);
    2. you know is false, misleading, untruthful or inaccurate;
    3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
    5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
    6. impersonates any person or entity, including any of our employees or representatives; or
    7. includes anyone’s identification documents or sensitive financial information.
  3. You shall not (directly or indirectly): (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
  4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application) in any way through any medium or otherwise translate any of the Services in such a manner so that it appears to be part of your own or a third party’s website, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, create derivative works, copy, store, distribute, sell, license, sublicense, publish, or otherwise transfer any or all of the Services or the Sites without prior written permission of Jabord or the copyright holder identified in the applicable copyright notice, including without limitation use of any robot, spider, packet sniffer, or other automated device to monitor or copy the contents of the Services or the Sites, (iii) frame, link, or otherwise use or display the Sites in such a manner that it appears to be part of your own or a third party’s website, (iv) deep link to any page of the Sites or otherwise link in a manner that bypasses Jabord’s homepage for the Sites, (v) build a competitive product or service or make or have made a product using similar features, functions or graphics of the Sites or Services, (vi) restrict or inhibit any other user from using and enjoying the Sites or Services, (vii) use the Sites or Services in any manner that in Jabord’s reasonable discretion adversely impacts the stability of Jabord’s servers or adversely impacts the behavior of other applications using the Sites or Services, (viii) run any processes that run or are activated while you are not logged in, or (ix) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by these Terms and Conditions, and all applicable local, state, national and international laws and regulations.
  5. You may not access the Sites or Service if you are a direct competitor of Jabord, except with Jabord’s prior written consent.
  6. We reserve the right to delete any User Content for a violation of these rules; however, we do not actively monitor all posted User Content to confirm compliance with these rules. If you believe any Content violates these rules or is otherwise objectionable, please contact us via email at support@jabord.com
  7. We also reserve the right to access, read, preserve, and disclose any Content or other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

6. Additional Rules of Conduct for Employers / Recruiters

To the extent you are an employer or recruiter, you agree and acknowledge that:

1. you will only submit job postings that are accurate, true, not deceptive or misleading, and fully in compliance with all applicable federal, state and local laws including but not limited to those related to intellectual property rights, data privacy, advertising, employment agencies, labor and employment, government contractors, and employment non-discrimination;
2. you will only submit job postings for actual available jobs and that such jobs are fully in compliance with all applicable federal, state and local laws;
3. you will not submit job postings with unlawful requirements, including any required or requested information from candidates;
4. you will not submit job postings that include any form of advertisement, promotion or endorsement, other than promotion of the job itself;
5. you will not submit job postings that require any form of upfront payment or referrals to other candidates;
6. you take sole responsibility for the form, content and accuracy of your job postings;
7. you take sole responsibility for any and all hiring decisions;
8. you fully comply with all applicable federal, state and local laws in any activity related to the Services and your use of the Services;
9. you will contact candidates through the Sites only in relation to the Services;
10. you will cease contact with any candidate who has requested not to be contacted;
11. you will maintain the confidentiality of any candidate materials submitted through the Sites or Services and comply with all applicable privacy laws; and
12. we make no warranties as to the accuracy, truth, or security of candidate materials submitted through the Sites or Services.

7. Additional Rules of Conduct for Candidates

To the extent you are a candidate, you agree and acknowledge that:

  1. you will only submit User Content (including, but not limited to, your profile and Account information and your Jabord Resume) describing you as an individual person, including your career profile, that is complete, accurate, true, not deceptive or misleading, and fully in compliance with all applicable federal, state and local laws including those related to intellectual property rights;
  2. you take sole responsibility for the form, content and accuracy of your User Content, including your career profile;
  3. we make no warranties as to the accuracy or truth of job postings on the Sites and Services;
  4. we have no responsibility as to any employment decisions by employers/recruiters; and
  5. we may delete your Account at any time for any reason.

8. Third Party Services

The Services may permit you to link to or access other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet through a link from the Sites or Services, you do so at your own risk. These third party resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, security, products, services or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. You hereby irrevocably waive any claim against the Sites or Jabord with respect to such websites and third-party content.

9. Payments and Billing

1. Paid Services

Certain of our Services, including the Jabord Premium Subscription for Candidates and those services set forth in the Jabord Master Subscription Agreement (“JMSA”), may be subject to payments now or in the future (the “Paid Services”). Please see our Sites for a description of the product and pricing of current Paid Services offered online.   Pricing, discounts, promotions and other conditions for the Paid Services are subject to change without notice and in our sole discretion.

Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. Paid Services may otherwise be subject to the terms of the JMSA rather than this Agreement.

2. Billing

This section 9(2) applies to all Paid Services except for those governed by a JMSA. We use a designated third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. Also, you can change your Payment method at any time on your Account. We reserve the right to correct any errors or mistakes that Payment Processor makes even if it has already requested or received payment.  Do not provide any payment information directly to Jabord.

3. Payment Method

This section 9(3) applies to all Paid Services except for those governed by a JMSA. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand and before accessing the Paid Services. Jabord is not responsible for the policies and practices of the Payment Processor.  

4. Recurring Billing

This section 9(4) applies to all Paid Services except for those governed by a JMSA. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. We may process periodic charges (E.G., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to your account on the services.

5. Current Information Required

This section 9(5) applies to all Paid Services except for those governed by a JMSA. You agree to provide current, complete and accurate information for your billing account. You further agree to promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you agree to promptly notify us or our payment processor if your payment method is canceled (e.G., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.

6. Reaffirmation of Authorization

This section 9(6) applies to all Paid Services except for those governed by a JMSA. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. When we may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

7. Additional Terms for Jabord Premium Subscription for Candidates.
  1. Taxes
    You will be liable for paying any and all applicable sales and use taxes for the purchase of Jabord Premium Subscription for Candidates based on the mailing address and zip code that you provide when you register as a user, and you authorize Jabord to charge your credit or debit card for any such applicable taxes.
  2. Renewal
    Jabord will automatically renew your Jabord Premium Subscription for Candidates account at the end of the term at the then current charge. It is your responsibility to cancel the Service if you would like to stop usage.
  3. Cancellation and Refunds
    You can cancel the Jabord Premium Subscription for Candidates at any time. However, Jabord does not grant any form of refund in conjunction with the cancellation of the Jabord Premium Subscription for Candidates product. All fees due related to prior use of the Service will remain due and subject to collection following- and regardless of, cancellation of service.

10. Termination

We may terminate your access to all or any part of the Services in our sole discretion at any time, with or without cause, with or without notice, effective immediately, and which may result in the forfeiture and destruction of all information associated with your membership. 

If you wish to terminate your Account (including by deleting the information in your Account), you may do so by following the instructions on the Sites or through the Services or by sending an email to us at support@jabord.com. Any fees already paid as of the date of Account termination are non-refundable. Upon termination of your account, your right to use the Services, access the Sites and any Content will immediately cease. 

When you terminate your Account, the following conditions will apply:

  • Your profile will no longer be searchable on the Services if had been searchable before. 
  • We will retain your information, including certain personal information, for 90 days in case you decide to re-activate your Account and access the Services; after which your information will be deleted.  
  • If you had previously applied to specific positions through the Services (or by applying directly to an employer using your Jabord Resume), your Jabord Resume will remain available to these employers.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

11. Warranty Disclaimer

  1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
    1. which users gain access to the Services;
    2. what Content you access via the Services;
    3. what effects the Content may have on you;
    4. how you may interpret or use the Content; or
    5. what actions you may take as a result of having been exposed to the Content.
  2. You release us from all liability for you having acquired or not acquired Content through the Sites or Services. The Sites or Services may contain, or direct you to third party websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
  3. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
  4. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  5. JABORD MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SITES OR THE SERVICES IN MEETING YOUR OBJECTIVES. JABORD DOES NOT GUARANTEE ANY RESULTS AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS.
  6. Jabord disclaims any liability if you hide your profile from certain employers on the Services but these employers learn of your application on Jabord through other means.  

12. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

13. Limitation of Liability

To the fullest extent allowed by law, we disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on the sites and services. By using the sites or services, you acknowledge that we are not responsible or liable for any harm resulting from (1) use of the services; (2) downloading information contained on the services; (3) unauthorized disclosure of information or data that results from the upload, download or storage of user content; (4) the temporary or permanent inability to access or retrieve any user content from the sites or services, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program; (5) content posted in any forum or community area of the services; and (6) unauthorized disclosure of information or data that results from the upload, download, or storage of any content. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services for (i) any loss of profits, data, employment opportunities, user content or other intangibles, or for cost of procurement of substitute goods or services, or for special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (even if advised of their possibility), substitute goods or services (however arising), (ii) damages for unauthorized use, non-performance of the sites, errors or omissions, (iii) damages related to downloading or posting content, (iv) any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (v) any direct damages in excess of (in the aggregate) of the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $300.00.

14. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

1. Arbitration

You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms of service, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the american arbitration association's rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of new york. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. 

You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity lawsuit or consolidated claims involving another person's account, if we are a party to the proceeding. 

This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.

This arbitration agreement will survive the termination of your relationship with us.

2. Severability

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will remain effective.   

15. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, not including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

16. Children

You must be at least 18 years old to register for an Account and access and use the Sites and Services.

17. Modification

We reserve the right, in our sole discretion, to modify or replace at any time any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will endeavor to timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms and Conditions in effect at the time of such use.

18. Miscellaneous

  1. Entire Agreement and Severability. These Terms and Conditions, in addition to a JMSA if applicable, are the entire agreement between you and us with respect to the Services, including use of the Sites and Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
  2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  3. Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
  4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
  5. Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@jabord.com.
  6. No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  7. Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Contact. You may contact us at the following address: Jabord Inc., 1 Rockefeller Plaza, 10th Floor, New York, NY 10020, Attn: Legal Dept.