Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THESE TERMS INCLUDE LIMITATIONS OF LIABILITY.
FOR U.S. RESIDENTS – THESE TERMS ALSO AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE WAIVERS OF RIGHTS.FURTHER, THESE TERMS REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS, OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.
Who we are and how to contact us
ifyoucouldjobs.com is owned and operated by If You Could Jobs Limited (“we,” “us,” “our”).
We are a company registered in England and Wales whose registered office is at 140 Old Street, London, EC1V 9BJ and registered number is 11325902. Our main trading address is 140 Old Street, London, EC1V 9BJ. Our VAT number is 304674021.
You can contact us on hello@ifyoucouldjobs.com.
By using our site you accept these terms
By using our site, you confirm that you accept these terms and that you agree to comply with them. If you are acting on behalf of your employer or another third party, you confirm that you have full authority to accept these terms on their behalf.
If you (or if you are acting on behalf of your employer or another third party, your employer or that third party) (“you”, “your”) do not agree to these terms, you must not use our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and the other applicable terms, and that they comply with them.
We recommend that you print a copy of these terms for future reference.
Mobile Services
To the extent you access the site through a mobile device, your mobile carrier’s standard charges, data rates, and other fees may apply. Though our site is designed to be accessible on mobile devices, we do not guarantee full functionality or optimal user experience on all devices. Users are responsible for ensuring their mobile device is compatible with our site. Accessing the site via mobile device may introduce additional security risks. Users are responsible for maintaining the security of their mobile devices, including keeping software up to date and protecting against unauthorized access.
There are other terms that may apply to you
These terms refer to the following additional terms, which also apply to your use of our site:
If you subscribe to job alerts, any further terms applicable to them will be notified to you at the relevant time.
If you purchase advertising services from us, our Opportunities Board Terms and Conditions will apply.
We may make changes to these terms
We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. If we make material changes to these terms, we will provide you with notice to the extent we have your contact information.
You will be bound by any changes to these terms from the time you next access our site. Therefore, if you do not agree with any changes to these terms, please do not continue to access our site. Your continued use of the site constitutes acknowledgement of, and agreement to, the terms, including any changes to the terms.
Content on our site
Whilst we try to ensure that the content on our site is up to date and accurate:
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Job opportunities
We cannot guarantee that any job opportunity advertised will be current at the time that you apply or enquire about it or that the information provided by the relevant organisation is accurate.
We rely on the organisation advertising the job opportunity to provide an accurate description of it and accurate information about the organisation, so you should make your own enquiries about the opportunity and the organisation shown and you must assess whether it is suitable for you.
Availability of our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted, error-free, secure or meet your requirements.
We may suspend or withdraw or restrict the availability of all or any part of our site (including any account) for business and / or operational reasons (including to preserve the security and / or integrity of the site, its content or any part of them). We will try to give you reasonable notice of any suspension or withdrawal (as applicable).
You also acknowledge that your use of our site may be subject to limitations, delays and other problems inherent in the use of communications networks and facilities, including the internet, and the transfer of data across such communication facilities, and we are not responsible for any loss or damage resulting from such.
We may make changes to our site
We may update and change our site from time to time to:
We will try to give you reasonable notice of any major changes (as applicable).
We are based in the UK
We are a company based in England and we operate mainly in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
How you may use material on our site
We or our licensors own the copyright, database rights, trade marks, domain names and all other intellectual property rights in, to or arising in connection with our site and all material and information published on our site.
You may display and view our site, and the material and information published on it, on your computer or other device screen.
You may use any feature or functionality made available to you on our site for the purpose for which it is made available.
You may download or print off copies of any pages from our site for your personal, non-commercial use and information only. If you do so, you must retain any copyright or other intellectual property notices contained in the original pages.
You are not permitted to copy, modify or adapt the paper or digital copies of any materials you have downloaded or printed off, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
Except for any content on our site that is owned by you, you must not, without our prior written consent, copy, modify, adapt, exploit or otherwise use our site, any material or information published on our site or any feature or functionality made available to you on our site for any other purpose, including:
Our name and logo
You are not permitted to use our name or logo in any way (including in advertising or publicity amounting to distribution of materials on our site), without our prior written permission, unless they are part of material you are using as permitted under How you may use material on our site.
No text or data mining or web scraping
Except to the extent that we are unable to exclude or limit the same by contract under applicable laws, you shall not:
Uploading content to our site
Whenever you make use of a feature or functionality that allows you to create or modify content directly on our site or upload or share content to our site, you must comply with standards set out in User Content Standards.
You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will consider any such contribution to be non-confidential and not protected by any trade mark, patent or copyright, so that it is “non-proprietary” and in the public domain. You own such contribution, but you are required to grant us and other users of our site a limited licence to use, store and copy such contribution and to distribute and make it available to others. The rights you license to us are described in Rights you are giving us to material you upload.
We also have the right to disclose your identity to anyone who is claiming that any such contribution violates their intellectual property rights or their right to privacy.
We have the right to remove any such contribution if, in our reasonable opinion, it does not comply with these terms.
If you wish to contact us in relation to any such contribution that we have taken down, please contact hello@ifyoucouldjobs.com.
User content standards
You must not during your use of our site access, upload, store, distribute or transmit:
- any viruses, trojans, worms, logic bombs, spyware or other material that is malicious or technologically harmful or otherwise harmfully interacting with our site or any part of it; and/or
- any material that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory (whether based on race, gender, colour, religious belief, sexual orientation, disability or otherwise);
- infringes, or whose publication would infringe, any third-party rights (including intellectual property rights, rights of publicity and rights to privacy) or is copied from any third party work;
- is otherwise illegal or breaches any applicable law, regulation or code (whether statutory or self-regulatory) from time to time; or
- causes damage or injury to any person or property or negatively affects us or potentially brings us or our site into disrepute.
All content created or modified directly on our site or uploaded or shared to our site by you must not mislead and must be fair, honest, accurate, complete and up to date.
User content is not approved by us
Our site includes information and materials uploaded directly by other users. This information and these materials have not been verified or approved by us.
Any views expressed by other users on our site do not represent our views or values.
We are not responsible for websites that we link to
Where our site contains links to other sites and resources provided by third parties, these links are for your information only. Such links should not be interpreted as approval or endorsement by us of the linked websites or resources or the information that you may obtain from them.
We do not monitor, and have no control over, the content of third-party websites or resources. We make no representation or warranty as to such websites or resources or their content.
If you visit third party websites and resources, you will be subject to the terms of service and privacy policy(ies) applicable to them. You are responsible for viewing and complying with such terms and policy(ies).
Any contract concluded with a third party will be between you and that third party only and will be subject to the third party’s terms and conditions.
You must not link to our site without our permission
No links are permitted to our site and other sites are not permitted to embed text or any link in our site without our express consent in writing.
We will not allow any use of our logo as a ‘hot’ link to our site unless we approve in advance and in writing the establishment of such a link.
We reserve the right to withdraw any linking permission without notice.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site, and you should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, spyware, or other material that is malicious or technologically harmful or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which our site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. Where applicable, breach of this provision would be a criminal offence under the Computer Misuse Act 1990 or similar legislation and, in the event of such a breach, your right to use our site will cease immediately. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
You must keep your account details safe
You must keep your passwords and other account information private and safe. Where you have account login details (such as a username, user identification code, password or other piece of information provided as part of our security procedures), you must treat them as confidential and must not disclose them to any third party.
If you know or suspect that anyone other than you knows your account login details, you must promptly notify us at hello@ifyoucouldjobs.com.
We have the right to disable any account login details at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms.
Our liability to you
We provide our site to you on an ‘as is’ and ‘as available’ basis.
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law that may apply in respect of our site, or any content on it are, are excluded to the fullest extent permitted by applicable law. We have no liability to you for any loss of profit, loss of business, damage to goodwill, business interruption, or loss of business opportunity.
The limitations of liability in this section shall apply regardless of how a liability arises, whether in contract, tort (including negligence), strict liability, breach of statutory duty, or otherwise.
However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This incudes in respect of fraudulent misrepresentation or in respect of death or personal injury caused by our negligence.
If applicable law does not allow all or any part of a limitation of liability in this section to apply to you, the limitation of liability will apply to you only to the extent permitted by applicable law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in the Opportunities Board Terms and Conditions or other applicable terms.
Privacy Policy
We will use your personal information as set out in our Privacy Policy. We ask you to read the Privacy Policy before providing us with any information about yourself.
General
If any provision of these terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these terms, which shall remain in full force and effect.
Failure by us or you to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
Unless you are a user in the U.S, please note that these terms, their subject matter and formation are governed by English Law. You and we each agree that the courts of England and Wales shall have exclusive jurisdiction except that, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.
Additional Disclosures for users in the U.S. only:
For users in the U.S. only, the following terms also apply:
Age Requirements
To use the site, you must be at least 18 years old. If you are not legally considered an adult where you live, please talk to your parent or legal guardian and ask them for help; only they are allowed to agree to these terms for you. If you are a parent or legal guardian allowing a minor to use the site, you agree these terms apply to you and that you are responsible for their and your activity on the site. You are also responsible for any transaction undertaken by you or the minor.
Infringing Content
If you believe that any user-generated content or other material made available through the site violates your copyright, please submit a notification in accordance with the DMCA, to our DMCA Agent:
Attn: If You Could Jobs Limited
Address: 140 Old Street, London, EC1V 9BJ United Kingdom
Email: data@ifyoucouldjobs.com
Notices related to trademarks, right of publicity, or IP matters may be sent to the same recipient.
If any of the material you upload is taken down after we receive a DMCA notice, you can send a counter-notification as laid out in section 512(g) of the DMCA, and we may re-post the material in question.
We, in our discretion, when it is appropriate, will disable or terminate the accounts of users who repeatedly infringe intellectual property rights.
Indemnification
As permitted by law, if someone sues us, you may have to pay for their defense and legal fees. You agree to defend, indemnify and hold us and any of our respective officers, directors, shareholders, employees, or independent contractors harmless from and against any claims asserted arising out of or relating to your use or actual or alleged misuse of the site, violation of these terms, your content, or your negligence or misconduct. This applies to all liabilities or expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Resolving Disputes, Agreement to Arbitrate, Class Action, and Jury Waiver
PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR CONSOLIDATED ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.
Mandatory Individual Arbitration
Any dispute, claim, or controversy between you and us, including but not limited to disputes, claims, or controversies related to or arising from the site, or these terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the terms, and the Arbitration Agreement (a “Dispute”), whether such Dispute arose before on, or subsequent to you entering these terms, and if not resolved through the informal dispute resolution procedure set out below, shall exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and we each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by us against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
To the fullest extent permissible by applicable law, all Disputes against us, including but not limited to Disputes arising out of or relating in any way to the site or the terms, must be filed within one year after such Disputes or cause of action arose or it will be forever barred.
If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
If you or we file or cause to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.
Class Action/Jury Trial Waiver
You and we agree that, to the fullest extent permitted by law, each party is waiving the right to trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that you and we may not bring a Dispute on behalf of a class or group and may not being a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and we may not participate in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures) brought by any third party.
Unless both you and we agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). Notwithstanding the foregoing, you or we may participate in a class-wide settlement.
Opt-Out Procedures
To opt out of this Arbitration Agreement, you must send us a written notice (“Opt-Out Notice”) by email at data@ifyoucouldjobs.com no later than 30 days after you first agreed to this Arbitration Agreement (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement.
If you opt of this Arbitration Agreement, all other provisions of the terms will continue to apply to you, including the Non-Arbitral Disputes Governing Law and Mandatory Forum Selection set forth in this Arbitration Agreement. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement or other arbitration agreements by reason of your separate agreement to them. In other words, opting out of this Arbitration Agreement shall have no effect on any previous arbitration agreements you entered into with us.
If we make any future changes to this Arbitration Agreement, other than a change to out notice address at 140 Old Street, London, EC1V 9BJ, United Kingdom where a Notice must be emailed (the “Notice Address”) or other non-material changes, we will provide you with notice to the extent we have your contact information. You may reject any such change by sending an email to us at data@ifyoucouldjobs.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name; (ii) your complete mailing address; (iii) your phone number; (iv) the change(s) you are rejecting; and (v) if applicable, the username or email address associated with your account. This is not an opt-out of arbitration altogether. Your continued use of the site after this 30-day period constitutes acknowledgement of, and agreement to, the changes to the Arbitration Agreement.
Rules and Governing Law
Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and we each agree to send the other party a written notice of Dispute (a “Notice”). A Notice from you to us must be emailed to the Notice Address above. Any Notice must include: (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of the site, including whether claimant receives any emails associated with the site, whether claimant has created an account, and if so, the date of creation; and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. We will send any Notice to you at the email address or mailing address we have for you, if any.
After receipt of a Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution.
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures subsection is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
Mandatory Arbitration Procedures: If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and we each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.
All Disputes shall be submitted to NAM, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures and, as applicable, Mass Filing Supplemental Dispute Resolution Rules and Procedures then in effect (the “NAM Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.
If NAM notifies the parties in writing that it is not available to arbitrate any Dispute, or if NAM is otherwise unable to arbitrate any Dispute, that Dispute shall be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration shall be administered by ADR Services in accordance with the ADR Services rules and procedures then in effect (the “ADR Services Rules”), except as modified by this Arbitration Agreement.
Notwithstanding any choice of law or other provision in these terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and the FAA, will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. The laws of the State of California, without regarding to choice or conflict of law principles, shall govern (except as to California residents, in which case California law shall govern): (i) any issue regarding the interpretation or enforcement of this Arbitration Agreement to which the FAA and NAM Rules are found to not apply; and (ii) to any other issue in a Dispute arbitrated hereunder.
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with applicable law.
Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 demands of a substantially similar nature for arbitration, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the concurrent resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single set of admin and panel prep fees per batch in accordance with NAM’s fee schedule. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
If there are 20 or more substantially similar Disputes that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall administer those Disputes concurrently in accordance with the ADR Services Rules, except as modified by this Arbitration Agreement, and in accordance with the Mass Filing Procedures set forth above (except that batches may be of at least 20 demands for arbitration).ADR Services shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.
We reserve all rights and defenses as to each and any Dispute, demand for arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind.
Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees. If you do not timely pay any required fees to NAM, any refusal by us to pay such fees on your behalf shall not void or otherwise invalidate this Arbitration Agreement, which shall remain in full force and effect.
Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief: The parties agree that, to the fullest extent permitted by law, the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute.
Severability and Survival
If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
This Arbitration Agreement shall survive termination of these terms. Except as provided in herein, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with us.
Non-Arbitral Disputes Governing Law and Mandatory Forum Selection
If (i) you timely provide a valid Opt-Out Notice as provided above, and you are not bound to any previous or other arbitration agreements with us; or (ii) any Dispute is determined not to be subject to arbitration or resolution; or (iii) any court of competent jurisdiction or arbitrator, after exhaustion of all appeals, determines that the Class Action/Jury Trial Waiver as provided above, is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis other than the Mass Filing Procedures, as provided above, then you and we each irrevocably agree that the exclusive jurisdiction and venue with respect to such Dispute shall be the federal or state courts of competent jurisdiction in the State of California, and any such Dispute and these Terms shall be governed by and construed in accordance with the substantive and procedural laws of the State of California. Without regard to choice or conflict of law principles.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice for New Jersey Users
The sections on indemnification and limitation of liability do not apply to New Jersey residents to the extent that New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.
Miscellaneous
You may not transfer or assign any of your rights or obligations under these terms, in whole or in part, by operation of law or otherwise, without our prior written permission. We may assign or transfer any of our rights or obligations hereunder without your permission and without notice to you.
If any clause within these terms is found to be invalid, unenforceable, void, voidable, or illegal, that clause will be severed, and the remainder of the terms will be given full force and effect.
All provisions of these terms that would reasonably be expected to survive the termination of these terms, including, without limitation, those related to IP, limitation of liability, and indemnification, will do so
These terms, together with other terms, represent the entire agreement between you and us and supersede any prior agreements or understandings, whether written or oral, between you and us.
We will be excused from performance under these terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of god, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines, pandemics, epidemics, or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control.