JobCommander, inc.
Terms of use
LAST MODIFIED: June 21, 2024
Welcome. This Site (as defined below) is maintained as a service to the Company’s customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not and are not authorized to use this site.
1. Contractual Relationship
1.1 Application of Terms. These Terms of Use (“Terms”) govern your access or use, of the websites (the “Websites” as defined in Section 3 below), applications, content, products, and services, (the “Services,” as defined below in Section 3) by JobCommander, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “JobCommander”). PLEASE READ THESE TERMS CAREFULLY, AS THEY FORM A CONTRACTUAL AND LEGAL AGREEMENT BETWEEN YOU AND JOBCOMMANDER. In these Terms, the words “including” and “include” mean “including, but not limited to.”
1.2 Acceptance of Terms. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you governing your use of the Services. JobCommander may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time if you violate any of these Terms.
1.3 IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH JOBCOMMANDER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1.4 Amendment of Terms. JobCommander may amend the Terms from time to time after providing notice to you provided that you have registered for an account and have provided us with a valid email address. Alternatively, we will post a prominent notice on our web site. After notice has been provided to you, amendments will be effective upon the posting of such updated Terms in this form, on JobCommander’s Websites, or in the amended policies or supplemental terms on the applicable Service(s) platform (“Effective Date”). If you do not agree to be bound by any modification, then you must discontinue use of the Services. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If JobCommander changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing JobCommander written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective Date” above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o JobCommander, Inc., 10723 Greentrail Drive South, Boynton Beach, FL 33436, or (b) by email from the email address associated with your Account to: termsofuse@jobcommander.io. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you shall discontinue your use of the Services and access to the Websites, and your license and subscription to the Services shall automatically thereupon terminate.
1.5 Privacy Policy. JobCommander’s collection and use of personal information in connection with the Services is described in JobCommander’s Privacy Policy Notice located at https://www.jobcommander.com/privacy-policy/.
2. Arbitration Agreement
2.1 Notice of Arbitration Provision. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against JobCommander on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against JobCommander, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against JobCommander by someone else.
2.2 Agreement to Binding Arbitration Between You and JobCommander. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
Any dispute or claim arising from or relating in any way to these Terms, and your use of the Services and Websites, will be resolved by binding arbitration, rather than in court, except that either party may assert claims in small claims court if the claims qualify. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret and apply the terms of these Terms just as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to seek injunctive relief for infringement or other threatened or actual violation of intellectual property rights.
2.3 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“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 claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. These Terms shall be governed by, performed within, and interpreted in accordance with the laws of the State of Florida, excluding its choice of law provisions.
2.4 Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the State of Florida, and will be selected by the parties from the AAA’s roster of commercial dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
2.5 Location and Procedure. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in West Palm Beach, Florida, or at another mutually agreed location. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
2.6 Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The prevailing party in arbitration may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
2.7 Changes. Notwithstanding the provisions in Sections 1.4 above, regarding consent to be bound by amendments to these Terms, if JobCommander changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change to this Arbitration Agreement by providing JobCommander written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective Date” above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, Christopher Izmirlian, Registered Agent, JobCommander, Inc., 10723 Greentrail Drive South, Boynton Beach, FL 33436, or (b) by email from the email address associated with your Account to: termsofuse@jobcommander.io. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and JobCommander in accordance with the provisions of this Arbitration Agreement as of the later of either (i) the date you first agreed to the Terms (or to any subsequent changes to the Terms) or (ii) the date you agreed to any amendment to the Arbitration Agreement. Your failure to provide such effective notice of rejection within the 30-day period shall be deemed to be an acceptance by you of the change to the Arbitration Agreement.
2.8 Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. This provision shall survive the expiration or termination of these Terms.
3. The Services
3.1 Description. The Services comprise the JobCommander SaaS platform and related services which enable users to post and apply for jobs. Users who post job descriptions are referred to as “Job Posters” and individuals who apply for employment under the job descriptions are referred to as “Job Applicants.” The Services also include websites, (collectively, the “Websites”) which provide for support of and access to the JobCommander SaaS platform. The Services also include all of the software modules accessed via single sign on through the Websites on the JobCommander SaaS platform, as well as mobile software applications and all related user manuals, help facilities, and other documentation. You acknowledge and agree that JobCommander (a) does not set criteria for hiring (other than solely for job postings provided by JobCommander for internal positions with JobCommander); (b) makes no representations and warranties with respect to the Job Posters and Job Applicants; (c) (if you are a Job Applicant) did not actively solicit or recruit you to submit any response, including Job Applicant’s expressed interest or application for employment, with any recruiter, Job Poster, or any other hiring party; (d) your use of the Services does not establish JobCommander as a labor organization, employment agency, employer, indirect employer, or agent of an employer, unless the Job Applicant is applying for a specific employment position with JobCommander in response to a specific job description posted by JobCommander; (e) (if you are a Job Poster, recruiter, or other hiring party), you further acknowledge and agree that (i) you are not delegating any hiring authority to JobCommander, (ii) JobCommander is not a labor organization, employment agency, your agent or representative; (iii) does not offer or provide employment and/or recruiting services on your behalf; (iv) does not exercise and has no implied or actual control over an Job Applicant or employee’s relationship with Job Posters, recruiters, or any other hiring party; and, (v) the Services are provided as a platform for the exchange of information concerning Job Posters’ general solicitations of employment and Job Applicants’ communications and applications in response to those solicitations. Each of the Job Posters and Job Applicants will look solely to the other and not JobCommander for any and all compensation, damages, and relief for any claims arising from the exchange of information and the actual, prospective, or contemplated employment relationship.
3.2 License. Subject to (a) your compliance with these Terms, (b) the number of users, job descriptions, candidate questions, and term limit of your subscription, and (c) the payment of the applicable subscription fees, JobCommander grants you a limited, personal, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services from your mobile and desktop devices solely in connection with your use of the Services in compliance with these Terms; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by JobCommander and JobCommander’s licensors.
3.3 Restrictions. You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JobCommander; (c) access or attempt to access the source code of the software modules and the Services; decompile, reverse engineer, or disassemble (or attempt to do any of the foregoing) the Services except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Services; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (g) use the Services to store or transmit material which is infringing, libelous, defamatory, tortious, discriminatory, unlawful, or violates privacy rights or data security regulations; or (h) provide access or attempt to provide access to the Services by unlicensed users. Your license and subscription shall automatically terminate upon your violation of any provision of this Section 3.3.
3.4 Provision of the Services; Requests for Accommodations. You acknowledge that portions of the Services may be made available under JobCommander’s various brands including the JobCommander®, SaaS platform and brand currently referred to as “JobCommander”. You also acknowledge that the Services may be made available under such brands by or in connection with certain of JobCommander’s subsidiaries and affiliates. If you are a Job Poster, recruiter or other hiring person, you acknowledge and agree both that the Services are not your exclusive means of posting jobs, soliciting employment, and reviewing employment applications from job candidate, and that JobCommander does not exercise any control over your prospective relationship with Job Applicants. If you are a Job Applicant, you acknowledge and agree both that you do not rely upon or use the Services as your exclusive means of accessing employment opportunities and applying for positions with hiring parties that post job descriptions in the Services, and that JobCommander does not exercise any control over your prospective relationship with Job Posters, recruiters, and other hiring parties. A user may request an accommodation to access and use the Services in accordance with these Terms by submitting an oral or written request describing in particular detail (including (a) a description of the requested accommodation, (b) the reason for the requested accommodation, (c) how the requested accommodation will assist you in performing the essential functions of your job, (d) medical documentation that verifies the disability, and (e) the user’s identity and contact information) via email to termsofuse@jobcommander.io or by calling (888) 673-1953. The request may be submitted by the user, or a family member, health professional, or other representative acting on the user’s behalf.
3.5 Third-Party Services and Content. The Services may be made available or accessed in connection with third party services and content that JobCommander does not control. You acknowledge that different terms of use and privacy policy notices may apply to your use of such third-party services and content. JobCommander does not endorse such third-party services and content and in no event shall JobCommander be responsible or liable for any products or services of such third-party providers. Apple Inc, and/or Alphabet Inc. will be third-party beneficiaries to these Terms if you access the Services using applications developed for Apple iOS and/or Android respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using the devices provided by those third-party beneficiaries is subject to the terms set forth in the applicable third-party beneficiary’s terms of service.
3.6 Ownership. The Services and all rights therein are and shall remain JobCommander’s property or the property of JobCommander’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner JobCommander’s company names, logos, product and service names, trademarks or services marks or those of JobCommander’s licensors.
4. Access and Use of the Services
4.1 User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age. Account registration requires you to submit to JobCommander certain personal information, such as your name, physical address, business name, phone number, email address, educational and work history, skills, compensation, career interests, and job descriptions. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use some or all of the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by JobCommander in writing, you may only possess one Account.
4.2 User Requirements and Conduct.
4.2.1 Age Requirements; Other Restrictions. The Service is available for use by a general adult audience, and is not intended for use by those under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
4.2.2 Interaction with Third Parties Through the Services. You acknowledge and agree that JobCommander makes no representations and warranties with respect to the quality, value, or availability of any services or merchandise purchased from third parties through the Services.
4.3 Text Messages and Telephone Calls. You agree that JobCommander may contact you by telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with a JobCommander Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from JobCommander at any time, either by texting the word “STOP” to 87892 using the mobile device that is receiving the messages, or by contacting termsofuse@jobcommander.io.If you choose to opt out, certain functionality of the Services may not be available, including the ability to communicate with us via text messaging. If you do not choose to opt out, JobCommander may contact you as outlined in its Privacy Policy Notice, located at https://www.jobcommander.com/privacy-policy/.
4.4 Referrals and Promotional Codes. JobCommander may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a third party’s merchandise or services, or other features or benefits related to or accessed through the Services, subject to any additional terms that JobCommander establishes. You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by JobCommander; (c) may be disabled by JobCommander at any time for any reason without liability to JobCommander; (d) may only be used pursuant to the specific terms that JobCommander establishes for such Promo Code; (e) are not valid for cash; and (f) may expire prior to your use. JobCommander reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that JobCommander determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of JobCommander’s Terms.
4.5 User Provided Content. JobCommander may, in JobCommander’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to JobCommander through the Services and/or Websites textual, audio, and/or visual content and information, including job descriptions and postings, commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions, promotions, surveys, and other lawful purposes (“User Content”). User Content also includes any data you input into the Services, including your Job Poster and Job Applicant data (“Job Data”). Any User Content provided by you remains your property. However, by providing User Content to JobCommander, you grant JobCommander a worldwide, perpetual, irrevocable, transferable, royalty-free license (“Content License”), with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content and Job Data in all formats and distribution channels now known or hereafter devised (including in connection with the Services and JobCommander’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity; provided however that JobCommander’s use of Job Data shall be used in accordance with JobCommander’s Privacy Policy Statement.
You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant JobCommander the license to the User Content as set forth above; and (b) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor JobCommander’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, discriminatory, unlawful, or otherwise offensive, as determined by JobCommander in its sole discretion, whether or not such material may be protected by law. JobCommander may, but shall not be obligated to, review, monitor, or remove User Content, at JobCommander’s sole discretion and at any time and for any reason, without notice to you.
4.6 Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your device network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. JobCommander does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Disclaimers; Limitation of Liability and Damages; Indemnity.
5.1 DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JOBCOMMANDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, JOBCOMMANDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE JOB POSTERS, JOB APPLICANTS, RECRUITERS, SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JOBCOMMANDER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF JOB POSTERS, JOB APPLICAMTS, RECRUITERS, AND THIRD-PARTY PROVIDERS. FURTHER, JOBCOMMANDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING PAYMENT FOR ANY SERVICES OR GOODS REQUESTED THROUGH USE OF THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
5.2 LIMITATION OF LIABILITY.
JOBCOMMANDER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, OR FOR THE LOSS OF REVENUE OR PROFIT RELATED TO, IN CONNECTION WITH, OR ARISING OUT OF THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF JOBCOMMANDER, EVEN IF JOBCOMMANDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JOBCOMMANDER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES, ARISING OUT OF: (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY JOB POSTER, JOB APPLICANT, AND THIRD-PARTY PROVIDER. JOBCOMMANDER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JOBCOMMANDER’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO POST JOB DESCRIPTIONS AND APPLY FOR SUCH POSITIONS AND REQUEST AND SCHEDULE SERVICES AND GOODS PROVIDED BY THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JOBCOMMANDER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OF THE FOREGOING SERVICES PROVIDED TO YOU BY JOB POSTERS, JOB APPLICANTS, AND THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JOBCOMMANDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON JOBCOMMANDER’S CHOICE OF LAW PROVISION SET FORTH BELOW.
IN NO EVENT SHALL JOBCOMMANDER’S DAMAGES EXCEED THE SUBSCRIPTION FEES PAID BY YOU FOR THE MONTH IMMEDIATELY PRIOR TO THE OCCURRENCE OF ANY OF THE ALLEGED ACTS OR OMISSIONS WHICH FORMS THE BASIS OF YOUR CLAIM.
5.3 Indemnity.
You agree to indemnify and hold JobCommander and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, (including, but not limited to claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), 42 U.S.C. § 1981 (Section 1981), the Age Discrimination in Employment Act (ADEA) as amended by the Older Workers Benefit Protection Act (OWBPA) of 1990, and all state and municipal civil and human rights, employment, and anti-discrimination rules, regulations, and acts) and expenses (including attorneys’ fees), arising out of or in connection with: (a) your use of, attempt to use, or inability to use the Services, or other services or goods obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) JobCommander’s use of your User Content and Job Data consistent with the Content License; (d) your violation of the rights of any third party, including third party providers and customers; and (e) your use of, attempt to use, or inability to use the goods and services of, and arising from your relationship with, the Job Posters, Job Candidates, recruiters, other hiring persons, and third party providers.
5.4 Basis of the Bargain; Failure of Essential Purpose.
You and JobCommander each acknowledge that JobCommander has set its prices and entered into this Agreement in reliance upon the limitations of liability, the disclaimers of warranties, and damages provisions set forth herein, and that the same form an essential basis of the bargain between you and JobCommander. You and JobCommander each acknowledge and agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if any limited remedy is found to have failed of its essential purpose.
6. Other Provisions
6.1 Choice of Law.
These Terms are governed by, performed within, and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above.
6.2 Claims of Copyright Infringement.
Claims of copyright infringement should be sent to JobCommander’s designated agent. Please visit JobCommander’s web page here for the designated address and additional information.
6.3 Notice.
JobCommander may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to JobCommander, with such notice deemed given when received by JobCommander, at any time by first class mail or pre-paid post to our registered agent for service of process, Christopher Izmirlian, Registered Agent, JobCommander, Inc., 10723 Greentrail Drive South, Boynton Beach, FL 33436.
6.4 Entire Agreement. These Terms, inclusive of any amendments or additions thereto, constitutes the entire agreement and sets forth the entire understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, covenants, arrangements and discussions with respect thereto.
6.5 Severability. If any provision of these Terms is held to be unenforceable or illegal by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable, or shall be severed from these Terms, and all other provisions of these Terms shall remain in full force and effect.
6.6 General.
You may not assign these Terms without JobCommander’s prior written approval. JobCommander may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of JobCommander’s equity, business or assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, JobCommander or any third-party provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. JobCommander’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JobCommander in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
Rev. 240620