Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party websites and/or resources (collectively, “(“Third-Party Links”)”); and/or (ii) text, video and/or other information pertaining to employment matters and job listings, as well as related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); in order to view job listings (“Listings”) as made available by Company’s third party advertising partners and/or (d) utilizes the various Contact Methods available on the Site as a means to request to be contacted by, Company, Companies’ marketing partners, Third-Party providers and/or affiliates.
By using and/or accessing Company, Users agree to comply with and be bound by the Agreement in its entirety.
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, AFFILIATES, AND/OR MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
PLEASE BE ADVISED THAT COMPANY IS NOT ENGAGED IN RENDERING EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE OFFERINGS SHOULD BE CONSTRUED AS SUCH. COMPANY 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 COMPANY REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR CONSTITUENT LISTINGS ARE ACCURATE, COMPLETE OR APPROPRIATE. COMPANY ASSUMES 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. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. Persons under the age of eighteen (18) may not use the Website. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. You warrant and represent that any and all information that you provide to the Company and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Company makes no representation that its Website or services are appropriate, lawful, or available for use in other locations. The Company does not offer the Website where prohibited by law. You agree that if it is illegal in your jurisdiction to use the Website, you are prohibited from doing so.
2. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Company may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Company provides Users with the opportunity to: (a) conduct searches for various Third-Party Employers by city and job type; (b) view the Listings that match the Third-Party Employer search results; and (c) obtain contact information for such Third-Party Employers in order to contact them regarding their Listings.
Please be advised that: (i) Company does not itself provide the Listings and/or employment opportunities by and through the Site Offerings; and 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
Where a User attempts to utilize certain services on jobs-app.com, that User may be required to submit, and Company may collect, some or all of the following information: (A) the User’s full name; (B) the User’s e-mail address; (C) the User’s telephone number; (D) the User’s zip code; (E) the applicable job category: (F) the User’s highest level of education attained; (G) the year that the User graduated high school; (H) whether or not the User is interested in continuing her/his education; and (I) any other information requested on the applicable form (collectively, the “User Data”).
Upon entering User Data in connection with the use of jobs-app.com, and clicking on the applicable submission button on the Site, Company may pass User Data along to one or more of its Third-Party Employers, one or more of its Third-Party Listers and/or one or more of its third-party partners.
YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD-PARTY EMPLOYER, MARKETING PARTNER AND/OR AFFILIATE.
4. No Endorsement
- Company operates the Site and Site Offerings as a passive conduit. Company does not sponsor, recommend or endorse any Third-Party marketing partner’s offer, Affiliate’s, Third-Party Employer(s), Listings, Listing Offerings and/or Employment Offerings that are accessible by and through the Site. The Site facilitates communication between Third-Party Employers and potential employees, as well as potential employers and Third-Party Partners and Affiliates.
- Company has no control over the quality of the Third-Party Employers, Marketing partners, affiliates, Third-Party Listers, Listings, Listing Offerings and/or Employment Offerings. The Listings contain descriptions that are provided directly by the applicable Third-Party Employers. Company does not represent or warrant that such descriptions are accurate or complete. As a result, Company has no control over the truth or accuracy of the Listings. Company is not responsible for ensuring that the applicable Third-Party Employer and/or User actually enter into an employer/employee or any other form of relationship. Company 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 Listings, advertisements or rates offered by any Third-Party Employer. Company 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. Company does not review the credentials or standing of any Third-Party Employers. Therefore, Company 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 Company shall not be liable to you or any third party for any Employment Offering offered by any Third-Party Employer.
- Company does not guarantee that Users will successfully find Listing Offerings through the Site Offerings.
5. Third Party Links/Content
You understand that the Website may contain banners, pop-ups, and links to third party websites, applications, or services that Company does not own or control. You agree that Company will not be held responsible or liable for the content of banners, pop-ups, third party websites, applications, or services and that Company’s inclusion of those websites, applications, or services within its Website does not constitute Company’s endorsement of, recommendation of, or affiliation with any of those banners, pop-ups, websites, applications, or services. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
Company does not involve itself in the agreements between Users and Third-Party Employers, Affiliates, and/or Third-Party Listers, or in the actual provision of Employment Offerings and/or Listing Offerings, as applicable, in connection with the relationships created thereby. Users are solely responsible for their interactions with Third-Party Employers, Affiliates and/or Third-Party Listers. Because Company is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Employers, Affiliates and/or Third-Party Listers or other Users, you hereby release Company from any and all claims, demands and/or 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.
7. Ownership of Website and License
You acknowledge and agree that FinUnited Careers, LLC is the owner of, or has rights in and to, jobs-app.com and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Company. FinUnited Careers, LLC hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use jobs-app.com for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from Company, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Company.
All trademarks, common law or registered trademarks, displayed on jobs-app.com are the property of their respective owners. Specifically, all jobs-app.com marks are owned by or licensed property of Company, including, but not limited to the jobs-app.com name and logo. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Company. You are prohibited from using Company’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Company.
9. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website. Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Company’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties. If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Company by sending an email to [email protected]
10. Disclaimer of Warranties
CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH OR FALSITY OF ANY INFORMATION SUBMITTED TO THE WEBSITE OR POSTED ON THE WEBSITE, OR THE ACCURACY OF ANY INFORMATION POSTED ON THE WEBSITE.
COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. COMPANY PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
COMPANY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. COMPANY IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR ALTERATION THEREOF. COMPANY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
COMPANY WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME. YOU DOWNLOAD INFORMATION FROM THIS SITE AT YOUR OWN RISK. COMPANY MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF COMPANY’S WEBSITE OR RELATED SERVICES REMAINS WITH YOU.
11. Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY LISTERS 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, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, THIRD-PARTY EMPLOYERS, THIRD-PARTY LISTERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) THE FAILURE REALIZE ANY EMPLOYMENT, PROFESSIONAL, CAREER-RELATED AND/OR ECONOMIC BENEFIT; (F) THE FAILURE TO POST A LISTING ON THE SITE AND/OR THE WEBSITE OF A THIRD-PARTY LISTER; AND (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, ANY EMPLOYMENT OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY EMPLOYERS, ANY JOB LISTING OFFERINGS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD-PARTY LISTERS 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, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Each User (including Entities, where applicable) agrees to indemnify, defend and hold Company, its members, officers, directors, employees, agents, affiliates and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User/Entity and any other User, Third-Party Employer, Third-Party affiliate, third-party marketer, Entity or third-party; (b) that User/Entity’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User/Entity’s unauthorized and/or improper use of the Site Offerings. The provisions of this section (Section 12) are for the benefit of Company, its parents, 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.
13. Third-Party Websites
The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, the Third-Party Service Provider websites and/or Third-Party Links. Company does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third-parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Company may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
15. Dispute Resolution Provisions and Governing Law
The Agreement shall be treated as though it were executed and performed in Broward County, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). If you have a dispute concerning any aspect of the Agreement, including without limitation, your participation in a telemarketing call, SMS/text message and/or an email that you received from us and/or one or more of our third-party Partners/Affiliates, you should first contact us as set forth in Section 23 (below). Furthermore, the parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Broward County, Florida. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Eleventh Judicial Circuit Court of Florida or the United States District Court for the Southern District of Florida. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in the Eleventh Judicial Circuit Court of Florida in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.
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 Company, Companies’ third-party partner(s), employer(s) and/or Companies’ 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 Company 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.
16. Text Messages (Short Message Service or “SMS”)
By providing your wireless telephone number to Company, you hereby opt in to the Company SMS service and represent that you are authorized to opt in to the Company SMS service. Message and data rates may apply to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier. By opting in to the Company SMS service, you understand and agree to the following:
- Data obtained from you in connection with this service may include Personally Identifiable Information;
- Company may share your wireless telephone number with third parties in order to send you SMS messages on behalf of Company and such third parties;
- You can always cancel this service at any time by opting out or by texting the word “STOP”, “END” or “QUIT” in response to the SMS message you have received. Upon receipt of your “STOP”, “END”, or “QUIT” message, one additional SMS message may be sent to you in order to confirm that you have been unsubscribed.
Company is not liable for any delays in the receipt of any SMS message. The Company SMS service is provided on an “as is” basis, without warranties of any kind. You acknowledge and agree that SMS message content is transmitted unencrypted and that eavesdropping of wireless communications, including SMS messages, by third parties is possible.
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Company and/or Company’s partners and/or affiliate’s SMS program, including canceling your service plan, relinquishing your mobile number used to enroll in the Program, or selling or transferring the phone number to another party, you agree that you will notify Company—in accordance with Section 22 (below)—prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions.
You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists us in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
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. Company’s 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. 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. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without 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
19. No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
20. Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Company will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Company inadvertently collects such personally identifiable information, Company will delete the personally identifiable information in accordance with its security protocols.
21. Reservation of Rights
All rights not expressly granted herein are reserved to Company.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
7000 W. Palmetto Park Road, Suite 210
Boca Raton, FL 33433
A copy of any such notice must be emailed to [email protected], but email notice alone shall not comply with the notice requirements of this Agreement.