Last Update: 11 April 2018
Thank you for visiting the MyJobHelper.co.uk website located at MyJobHelper.co.uk (the "Site"). The Site is an Internet property of Surfin Mouse, LLC, d/b/a MyJobHelper.com and d/b/a MyJobHelper.co.uk], and its affiliated companies ("MyJobHelper," "MyJobHelper.co.uk," "we," "our" or "us"). Each user visitor to the Site agrees to comply with and be bound by the following Terms and Conditions ("Terms and Conditions"), as well as the Agreement (as defined below) in its entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the Site's viewable blog posts, text, graphics and/or other material (collectively, "Content"); (c) utilizes any of the interactive areas of the Site, such as blog and comment sections, that enable users to interact with third parties, as well as MyJobHelper personnel ("Interactive Services"); (d) utilizes the searchable database ("Database") in order to view job listings ("Listings") as made available by MyJobHelper's third party employment advertising partners ("Third Party Employers") (collectively, the "Listing Services"); and/or (e) signs up to receive e-mail alerts about Listings that meet the user's preselected criteria (the "E-mail Alert Services," and together with the Site, Content, Interactive Services, Database, Listings and Listing Services, the "Site Offerings").
PLEASE BE ADVISED THAT MYJOBHELPER IS NOT ENGAGED IN RENDERING EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE OFFERINGS SHOULD BE CONSTRUED AS SUCH. MYJOBHELPER DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE CONTENT, INFORMATION OR LISTINGS MADE AVAILABLE BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD PARTY EMPLOYERS, NOR DOES MYJOBHELPER REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR CONSTITUENT LISTINGS ARE ACCURATE, COMPLETE OR APPROPRIATE. MYJOBHELPERASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH CONTENT, INFORMATION AND/OR LISTINGS. CHECK WITH YOUR PROFESSIONAL ADVISORS BEFORE ACTING ON ANY CONTENT, LISTINGS AND/OR OTHER INFORMATION PROVIDED BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD PARTY EMPLOYERS. INCOME AND EMPLOYMENT RESULTS ASSOCIATED WITH THE USE OF THE SITE OFFERINGS ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE, WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF EMPLOYMENT, INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE SITE OFFERINGS.
1. Requirements. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) and/or if you are unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the Site Offerings. MyJobHelper may terminate your access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where MyJobHelper believes that you are: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
2. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and MyJobHelper with respect to your use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site Offerings. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any of the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
3. Description of Site Offerings.
(a) Listing Services.
The Listing Services provide users with the opportunity to: (i) conduct searches for various Third Party Employers by city and job type; (i) view the Listings that match the Third Party Employers' search results; and (iii) obtain contact information for such Third Party Employers in order to contact them regarding their Listings. Some of the Third Party Employers that are accessible by and through the Directory Service pay a fee for inclusion in the Database or otherwise compensate MyJobHelper for successful employment matches in connection with same. Please be advised that: (A) MyJobHelper does not itself provide the Listings and/or other products or services provided by any of the Third Party Employers; and (B) the Listings and the associated terms and conditions of any employment offering featured in the Listings ("Employment Offering") will be determined by the subject Third Party Employers.
(b) E-mail Alert Services.
The Listing Services provide users with the opportunity to: (i) receive e-mail alerts from MyJobHelper and/or applicable Third Party Employers containing Listings that match their Third Party Employers search results; and (ii) obtain contact information for such Third Party Employers in order to contact them regarding their Listings. To receive E-mail Alert Services, you must first fully complete the registration form located on the Site. The information that you must supply on the registration form includes, but is not limited to: (A) e-mail address; (B) job type requested; (C) city of residence; and (D) any and all other information requested on the applicable registration form (collectively, the "Registration Data").
Upon entering your Registration Data and clicking on the "Get Jobs and Email Alerts" button, your Registration Data may be used by MyJobHelper to send you e-mail alerts of Listings that match your criteria and/or provided to Third Party Employer(s) in order to facilitate contact between you and such Third Party Employer(s) in connection with same.
(i) MyJobHelper does not sponsor, recommend or endorse any Third Party Employers, Listings and/or Employment Offerings that are accessible by and through the Database, E-mail Alert Services and/or Listing Services. The Site facilitates communication between Third Party Employers and potential users of associated Employment Offerings.
(ii) MyJobHelper has no control over the quality of the Third Party Employers, Listings and/or Employment Offerings. The Listings contain descriptions that are provided directly by the applicable Third Party Employers. MyJobHelper does not represent or warrant that such descriptions are accurate or complete. As a result, MyJobHelper.co.uk has no control over the truth or accuracy of the Listings. We are not responsible for ensuring that the applicable Third Party Employers and/or user actually enter into an employer/employee or any other form of relationship. MyJobHelper.co.uk does not guarantee that users will successfully find employment through the Site Offerings. The determination of the need for employment and the choice of employers are extremely important decisions and should not be based solely on advertisements or rates offered by any Third Party Employer. MyJobHelper is not responsible for, and in no way endorses, any description or Listing by any Third Party Employer that is accessible through the Site Offerings. MyJobHelper does not review the credentials or standing of any Third Party Employer. Therefore, MyJobHelper makes no representation regarding the status, standing or viability of any Third Party Employer. When considering an Employment Offering, users should make an independent investigation of, confirm and verify all claims made by any Third Party Employer. Users are encouraged to use caution when reviewing any information submitted in connection with a Listing. You understand and agree that MyJobHelper shall not be liable to you or any third party for any Employment Offering offered by any Third Party Employer.
(iii) MyJobHelper does not involve itself in the agreements arrived at by and between users and Third Party Employers, or in the actual provision of Employment Offerings in connection with the relationships created thereby. Therefore, MyJobHelper does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of any Third Party Employers. Users, and not MyJobHelper, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Employers that such users contact via the Listing Service and/or that contact such users via the E-mail Alert Services. Without limiting the foregoing, in the event that you have a dispute with one or more Third Party Employers and/or other third-parties, you hereby release MyJobHelper from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
The Site contains Content which includes, but is not limited to, information pertaining to job searches, as well as regularly updated blog posts. Please use caution and common sense when using the Content. Please do not rely on the Content when making any employment and/or other important decisions. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
(e) Interactive Services.
Subject to the restrictions set forth herein, the Interactive Services will allow users to participate in comment sections and other interactive areas of the Site. Each user agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each user shall be solely responsible for her/his comments, opinions, statements, feedback and other content (collectively, "Feedback") posted by and through the Interactive Services. You understand and agree that MyJobHelper shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. MyJobHelper does not monitor the Feedback submitted by users, and operates the comment sections of the Site as a neutral host. The Interactive Services contain Feedback that is provided directly by users. You agree that MyJobHelper shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. MyJobHelper does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. MyJobHelper reserves the right to remove any Feedback from the Site at any time and for any reason, in MyJobHelper's sole discretion.
(f) Feedback Standards.
In connection with your Feedback, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene, as defined under applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise harass any person; (vi) engage in advertising to, or commercial solicitation of, users or other third parties; (vii) transmit any chain letters, spam or junk e-mail to any users or other third parties; (viii) express or imply that any statements that you make are endorsed by MyJobHelper; (ix) harvest or collect personal information of users or other third parties whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xiii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) "frame" or "mirror" any part of the Site; (xvii) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited conduct/practices shall be deemed a breach of the Agreement and may result in the immediate termination of access to some or all of the Site Offerings without notice, in the sole discretion of MyJobHelper. MyJobHelper reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
You understand and agree that MyJobHelper is not responsible or liable in any manner whatsoever for your inability to use the Site Offerings and/or any associated functionality. You understand and agree that MyJobHelper shall not be liable to you or any third party for any modification, suspension or discontinuation of any Site Offerings and/or any product, service or promotion offered by any of MyJobHelper's Third Party Employers. If MyJobHelper terminates the Agreement, MyJobHelper shall have no liability or responsibility to you. You understand and agree that refusal to use the Site Offerings is your sole right and remedy with respect to any dispute that you may have with MyJobHelper
5. License Grant. As a user of the Site Offerings, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings and associated Content in accordance with the Agreement. MyJobHelper may terminate this license at any time for any reason. You may use the Site Offerings on one computer for your own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, Content or any portion thereof. MyJobHelper reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on MyJobHelper infrastructure. Your right to use the Site Offerings is not transferable.
6. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MyJobHelper is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by or through the Site Offerings by MyJobHelper does not constitute a waiver of any right in or to such information and/or materials.
7. Copyright Policy/DMCA Compliance. MyJobHelper reserves the right to terminate any user's access to the Site Offerings where that user infringes upon third-party copyrights. If any user or other third party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide MyJobHelper with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party's name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party's notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner's behalf. Contact information for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Jonathan Turco, Esq.
450 Seventh Avenue, 40th Floor
New York, NY 10123
8. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
9. Legal Warning. MyJobHelper strictly prohibits any advertising, marketing or other type of promotion of its Site through any form of network abuse, spyware, denial of service or other illegal activity. Any third party sending email to purchased lists or lists obtained by any other method (such as harvesting) that results in the transmission of unsolicited email is a violation of the Agreement, and will result in civil and criminal charges under any and all applicable laws, including the Can-Spam Act of 2003 (Public Law No. 108-187).
Violations of this policy should be reported to:
privacy@MyJobHelper.com or firstname.lastname@example.org.
Any attempt by any individual, whether or not a MyJobHelper customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the Site Offerings, is a violation of criminal and civil law and MyJobHelper will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
10. Indemnification. You agree to indemnify and hold MyJobHelper, its parent, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party related to or arising out of: (a) your use of the Site Offering(s) and/or any Employment Offering(s); (b) your breach of the Agreement; (c) any dispute between you and a Third Party Employer; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 10 are for the benefit of MyJobHelper, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11. Disclaimer of Warranties. THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MYJOBHELPER MAKES NO WARRANTY THAT: (A) THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR AND/OR RECEIVE EMPLOYMENT OFFERINGS FROM ANY OF OUR THIRD PARTY EMPLOYERS; (D) THAT YOU WILL REALIZE ANY EMPLOYMENT, PROFESSIONAL, CAREER-RELATED AND/OR ECONOMIC BENEFIT; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYJOBHELPER, ANY OF ITS THIRD PARTY EMPLOYERS OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYJOBHELPER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYJOBHELPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE OFFERINGS; (C) THE FAILURE TO QUALIFY FOR EMPLOYMENT OFFERNIGS FROM ANY OF OUR THIRD PARTY EMPLOYERS, OR ANY SUBSEQUENT DENIAL AND/OR TERMINATIONOF EMPLOYMENT FROM SAME; (D) YOUR FAILURE TO REALIZE ANY EMPLOYMENT, PROFESSIONAL, CAREER-RELATED AND/OR ECONOMIC BENEFIT; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MYJOBHELPER AND ALL OF ITS THIRD PARTY EMPLOYERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF MYJOBHELPER TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE MYJOBHELPER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 12. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MYJOBHELPER. THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY EMPLOYERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
13. Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources including, but not limited to, websites operated by Third Party Employers. Because MyJobHelper has no control over such third party websites and/or resources, you hereby acknowledge and agree that MyJobHelper is not responsible for the availability of such third party websites and/or resources. Furthermore, MyJobHelper does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
14. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, any Third Party Employer, Employment Offering, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MyJobHelper and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that MyJobHelper incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
15. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and MyJobHelper and governs your use of the Site Offerings, superseding any and all prior and/or contemporaneous agreements between you and MyJobHelper. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. MyJobHelper may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
16. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at: privacy@MyJobHelper.com or email@example.com.