This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. YOU MAY NOT USE THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information (“Registration Information”). It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy https://Employers.io/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. Upon entering requested information, our technology will forward Your information to one of our third party partners, including all our partner firms and affiliates, participating service providers or aggregate of service providers, advertisers, advertising agencies, employers, vendors, sponsors, marketing companies, lookup and reference services, data aggregation companies, other unaffiliated third parties, and any other entities that Employers.io believes in its sole discretion are able to provide its Site users like Yourself with offers and opportunities, (individually, “TPP” or collectively, “TPPs”) who may contact you to engage in a transaction. This may be done automatically and a new window may appear or the TPP may contact you directly by telephone, email, or mail as set forth below.
Email Communication. You must provide Your email address when registering to access the Service. We may use Your email address, when necessary, to communicate with You regarding the administration of the Site. Occasionally, You may receive newsletters and updates with information that we deem to be of interest to You. If You wish to opt-out from receiving additional email offers, advertisements and promotions relating to the Site, please email unsubscribe(at)Employers.io or click the unsubscribe link at the bottom of any emails You receive from Employers.io.
Please allow 10 days for Employers.io to remove you from any of its mailing lists. Thereafter, You should not receive any further email offers, advertisements and promotions from this Site. However you may still receive promotional communications from our TPPs with whom we have shared Your information. To stop receiving further communications from these TPPs, You will need to contact them directly in order to opt-out. Please note that after we process Your request to opt-out from receiving additional email offers, advertisements and promotions from this Site, we will no longer make Your information available to our TPPs relating to this Site.
Waiver of the Do Not Call Registry. In order to provide You the Service, You are expressly giving Your permission to provide any information collected on this Site to our TPPs. As such, You are expressly giving Your permission to such TPPs to contact You by mail, email, text messaging or telephone. By registering and using this Site, You agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that Your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call) list, You have authorized us to contact You via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser through the Site or other advertisement media made available by us (e.g., email marketing), You agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and You may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR. If, at any time, You do not wish to be bound by these conditions or You are unsatisfied with the Site, its content or other legal notices, You agree that Your sole and exclusive remedy is to discontinue using this Site.
Class Action Waiver; Arbitration. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
In the event of any controversy between the parties, including but not limited to any claims, dispute, suite, demand, cross claim, counterclaim, or third-party complaint (where statutory, in tort, or otherwise) arising out of or relating to this agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration.
This arbitration is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Any and all arbitration under this Agreement shall be conducted in Miami-Dade County, Florida.
THE PARTIES AGREE THAT ARBITRATION SHALL BE before a single arbitrator on an individual basis and not as a class or mass action. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims. The Arbitration shall be administered by the American Arbitration Association (“AAA”) will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.)
The Federal Arbitration Act will govern the interpretation and enforcement of this section, and according to the arbitration service's fee schedule and the service's current applicable rules and procedures EXCEPT: 1) that the parties expressly waive the applicability of any rule governing class or mass action; and 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service's code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law.
The arbitrator's award shall be final and binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
EACH PARTY SHALL BE EQUALLY RESPONSIBLE FOR PAYING ANY ARBITRATION/ARBITRATOR FEES, AND EACH PARTY EXPRESSLY AGREES THAT FAILURE TO PAY ANY SHARE OF THE ARBITRATION FEE SHALL RESULT IN A DEFAULT AGAINST THE PARTY FAILING TO PAY.
If a party fails to comply with the arbitrator's award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys' fees unless such fees are expressly provided for by applicable law. If the arbitrator determines that reasonable attorneys' fees are to be awarded under applicable law, the parties agree that the arbitrator will also determine the amount under the award for attorneys' fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator's award or unsuccessfully challenges the arbitrator's award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys' fee for having to compel arbitration or defend or enforce the award. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
BINDING ARBITRATION MEANS: (1) THAT BOTH PARTIES GIVE UP THE RIGHT TO A TRIAL BY JURY; (2) THAT BOTH PARTIES GIVE UP THE RIGHT TO APPEAL FROM THE ARBITRATOR'S RULING EXCEPT FOR A NARROW RANGE OF APPEALABLE ISSUES EXPRESSLY PROVIDED FOR IN 9 U.S.C. § 16; AND (3) THAT DISCOVERY MAY BE SEVERELY LIMITED BY THE ARBITRATOR, AND SHOULD THE ARBITRATOR DECIDE TO ALLOW FULL DISCOVERY, THE ARBITRATOR MAY NOT EXCEED DISCOVERY LIMITATIONS SET FORTH BY THE FEDERAL RULES OF CIVIL PROCEDURE.