JobsRockHill.com Terms and Conditions of Use
THE TERMS AND CONDITIONS SET FORTH BELOW DESCRIBE THE LEGAL AGREEMENT (THE “AGREEMENT”) THAT IS FORMED BETWEEN YOU, REVENFLO, LLC, AND THE ROCK HILL ECONOMIC DEVELOPMENT CORPORATION. PLEASE READ THIS AGREEMENT CAREFULLY. THE TERMS OF THIS AGREEMENT MAY CHANGE FROM TIME TO TIME, AND MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. YOU AGREE TO CHECK FOR UPDATES TO THIS AGREEMENT EACH TIME YOU USE THIS WEBSITE. BY USING THIS WEBSITE OR THE PRODUCTS OR SERVICES ASSOCIATED WITH IT (COLLECTIVELY, THE “PRODUCTS AND SERVICES”), YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE OR ITS PRODUCTS OR SERVICES.
Last revised November 2016
1. General Terms and Conditions
1.2 Minimum Age and Ability to Bind
The Site and the Products and Services are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Products and Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Site or the Products and Services. If you are using the Site or the Products and Services on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Products and Services.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site, and agree to update such information if it changes.
1.4 Account Access
We may, in our discretion, permit you to authorize additional users to use your JobsRockHill.com account. For purposes of this Agreement, you are the “Account Owner” and any other users you authorize will be deemed “Authorized Users.” You will be responsible for each Authorized User’s use of your JobsRockHill.com account and each Authorized User’s compliance with this Agreement.
2. Communication with You
We reserve the right to send messages to you to inform you of (a) changes or additions to the Site, the Products and Services, this Agreement or the Fee Schedule (defined below), (b) violations of this Agreement or actions relating to your privilege to access and use the Site or the Products and Services, (c) any other matter related to the Site, the Products and Services or this Agreement or (d) for marketing and other purposes. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement. You may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Account Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE MAY CONTACT YOU VIA TELEPHONE (EITHER BY A LIVE PERSON, AUTOMATIC DIALER, PRERECORDED MESSAGE OR A COMBINATION OF THE FOREGOING) TO DISCUSS THE PRODUCTS AND SERVICES AND YOU CONSENT TO SUCH CONTACT. FURTHER, YOU CONSENT TO RECEIVE SUCH PHONE CALLS AT THE TELEPHONE NUMBER YOU ENTERED ON THE SITE. You do not need to agree to this provision in order to use the Site or purchase the Products and Services and if you would like us not to contact you by telephone, please send an email to donotcall@JobsRockHill.com. Upon request, we may also contact you via telephone (including by automatic dialer or prerecorded message) or text you in order to provide you with your password or other information you request.
3. Copyright and Trademark Information
The Site is the property of the Rock Hill Economic Development Corporation and, in some cases, its affiliates and licensors, and is protected by United States and international intellectual property laws.
4. Fees; Payment; Taxes
(a) Fee Schedule. Once you have completed any applicable free trial period or exceeded any limits described on the applicable fee schedule (the “Fee Schedule”), you will be subject to fees in accordance with any applicable Fee Schedule. Applicable fees will be billed according to the Fee Schedule. The Fee Schedule is subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule, but you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder. ALL MONIES PAID ARE NONREFUNDABLE.
(c) Disputes. Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60-day period, and all such charges will be final and not subject to challenge.
4.2 Payment; Taxes
(a) Payment. Payment for the Products and Services will be made in advance by a payment method accepted by us. Checks (including echecks or those sent by mail) will be accepted for prepayments. If a recurring payment option is selected or if you have previously provided us with your credit card or other payment method for payment, you hereby authorize us to charge by that payment method for such amounts on a regular basis beginning at the end of any applicable free trial period and continuing until such time as your JobsRockHill.com account is terminated. If we are for any reason unable to effect automatic payment, we will attempt to notify you by email and your JobsRockHill.com account may be disabled until payment is received or we may, in our discretion, place your account in “suspend” status and charge you based on the thencurrent Fee Schedule.
5. Restrictions and Responsibilities
5.1 No Rights in Software
This Agreement is for the Products and Services and access to the Site, and, except as expressly set forth herein, you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or the Products and Services or any software, documentation, or data related to the Site or the Products and Services (“Software”); remove any proprietary notices or labels from the Site or the Products and Services or any Software; modify, translate, or create derivative works based on the Site or the Products and Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or the Products and Services or any Software. If you are using the Site or the Products and Services in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, the Software or the Products and Services, then you hereby covenant that, prior to engaging in such activities, you will first request that we perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
5.2 Monitoring and Removal
Although we have no obligation to monitor the content provided by you or your use of the Site or the Products and Services, we may do so and may block any content or messages that we believe may be in violation of the foregoing or any other provision of this Agreement. You further understand and agree that we and any applicable third party who supports, posts, publishes or distributes any information provided by or relating to you (“Content”) also has the right to reformat, edit, monitor, reject, block or remove any of your Content at any time. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
You acknowledge that we may from time to time provide you with assistance or information. You acknowledge that such assistance and information is provided as a convenience to you and that such assistance and information are not intended to and do not constitute legal advice and that no attorneyclient relationship is formed. We do not warrant or guarantee that use of or compliance with this information will be sufficient to comply with your obligations hereunder, applicable law or with third party rights.
5.4 Your Information and Content
(a) Your Information. In using the varied features of the Site or the Products and Services, you may provide information about yourself or your company as the case may be (such as name, contact information, or other registration information) to us and we may collect information about your use of the Site or the Products and Services. We may use this information in accordance with our Privacy Statement and relevant “justintime” notices, if any, provided at the point of information collection or use.
(b) Your Content and Contacts. We will also obtain any information that you provide to us in connection with your use of the Site or the Products and Services. You hereby grant to us a revocable, nonexclusive, royaltyfree, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform and display your Content only as required by us to offer and operate the Products and Services and related services and as described in our Privacy Statement. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of your Content. You represent and warrant that you own or have secured all rights and interest in and to your Content required for us to use your Content as contemplated by this Agreement. To the extent you use images or templates as part of your Content, you hereby grant to us a revocable, nonexclusive, royaltyfree, worldwide license to use, reproduce, publish, distribute, perform and display such images and templates solely in connection with your use of the Site or the Products and Services.
(c) Submissions. If you submit any suggestions, business information, ideas, concepts or inventions or content to us through the Site or otherwise (“Submissions”), you agree such Submission is nonconfidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted to us a nonexclusive, royaltyfree, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display each such Submission in any manner or in any media now known or hereafter created.
You may terminate your JobsRockHill.com account at any time by calling RevenFlo Customer Support. Except as specifically set forth herein or on the Site, there are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR JOBSROCKHILL.COM ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR JOBSROCKHILL.COM ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR JOBSROCKHILL.COM ACCOUNT AND THIS AGREEMENT.
We may, in our sole discretion, terminate your JobsRockHill.com account or your access to or use of the Site or the Products and Services, disable your JobsRockHill.com account or access to the Site or the Products and Services, remove all or a portion of your content, or put your JobsRockHill.com account on inactive status, in each case at any time, with or without cause, with or without notice and without refund. We shall have no liability to you or any third party because of such termination or action, except that we will refund a pro rata portion of any prepaid amounts if we terminate you without cause.
If your JobsRockHill.com account is classified (at our sole discretion) as inactive for over 120 days, we have the right to permanently delete any and all of your Content.
Upon termination of your JobsRockHill.com account by you or us, this Agreement and any rights or licenses granted to you hereunder, shall immediately terminate except that all sections of this Agreement that by their nature should survive termination will survive termination.
You hereby agree to defend, indemnify and hold harmless us, our affiliates and our underlying service providers (i.e. vendors who help us provide the Products and Services), business partners, thirdparty suppliers and providers, members of our network, account providers, licensors, distributors and agents and our and their respective officers, directors, employees, distributors and agents from and against any claims, damages, suits, actions, demands, proceedings (whether legal or administrative), losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys’ fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of this Agreement; (b) arises from your Content, including the content or effects of any messages you distribute (including claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, defective products or services or unclaimed property); (c) arises from your provision of incomplete or inaccurate information; (d) arises from your activities or postings on the site; (e) arises from your use of any Third Party Service (as defined below); or (f) otherwise arises from or relates to your use of the Site or the Products and Services. You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Products and Services for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Products and Services, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
8. Warranty Disclaimer; Remedies; Release
YOU EXPRESSLY AGREE THAT THE SITE AND THE PRODUCTS AND SERVICES (INCLUDING ANY CUSTOM SERVICES OFFERINGS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE OR THE PRODUCTS AND SERVICES AND ANY RELIANCE BY YOU UPON THE SITE OR THE PRODUCTS AND SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.
IN ADDITION, WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US.
NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE PRODUCTS AND SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE PRODUCTS AND SERVICES. TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING THE SITE OR THE PRODUCTS AND SERVICES, (b) THE CONDUCT OF ANY OTHER SITE USERS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES.
9. Limitation of Liability
EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WE OR ANY OF OUR UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS AND MEMBERS OF OUR NETWORK, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “PROTECTED PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF THE PROTECTED PARTIES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF THE PROTECTED PARTIES TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCTS AND SERVICES IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY THE PROTECTED PARTIES TO YOU IN THAT 12-MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. You agree that we have set our prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties to this Agreement.
10. Restricted Persons; Export of the Site, the Products and Services or Technical Data
You hereby represent and warrant that you are not a Restricted Person. For purposes of this Agreement, you are a “Restricted Person” if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Site or the Products and Services is (a) a national of or an entity existing under the laws of any country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (b) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (c) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (e) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify us within 24 hours, and we shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you; provided, however, for the avoidance of doubt, you will remain liable to us for any outstanding obligations hereunder. You agree that you shall not utilize the Site or the Products and Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or reexport of the Site or the Products and Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
11. ThirdParty Websites and Services
The Site and the Products and Services include social media tools that may, among other things, allow you to manage access, post content and manage content on social network platforms (for example, LinkedIn, Facebook and Twitter). These tools also allow you to use the Products and Services to access and analyze information found on social media sites. You hereby grant us all required permissions to access such sites and provide this functionality.
You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in any agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.
We may terminate any Third Party Service’s ability to interact with the Site or any of the Products and Services at any time, with or without notice, and in our sole discretion, with no liability to you or to any third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Products and Services at any time, with or without notice, and we will not be liable to you or to any third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.
In no event shall any reference to any third party or third party product or Third Party Service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.
12. Notice and TakeDown Procedures; Copyright Agent
If you believe any materials accessible on or from the Site or the Products and Services infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from the Site or the Products and Services by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (for example, the URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Any information required to be included in a copyright infringement report under the United Kingdom Digital Economy Act 2010 (as we shall notify to you from time to time and request from you as necessary).
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to the Site and the Products and Services is as follows:
157 E Main Street Rock Hill, SC 29730
For all email submissions please include the subject line: Takedown Request
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of JobsRockHill.com account holders who are repeat infringers.
13. Username and Password
You are responsible for maintaining the security of your JobsRockHill.com account, passwords and files (including the passwords and files to which your Authorized Users, if any, have access). We will accept the instructions of any individual who claims to be authorized to direct changes to your JobsRockHill.com account so long as such person presents us with the Account Owner username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Site or the Products and Services. We have no knowledge of your organizational structure (if you are registering for the Products and Services as an organization) or your personal relationships (if you are a person). You will be solely responsible and liable for any activity that occurs under your username and the activities of your Authorized Users, if any, and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your JobsRockHill.com account or any other breach of security.
14. International Use; Prohibited by Law
In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities, email and the Site or the Products and Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site or the Products and Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Site or the Products and Services) and we make no representation that the Site or the Products and Services are appropriate or available for use in other locations. Those who access the Site or the Products and Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Products and Services where prohibited by law.
15.1 Full Force and Effect
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
15.2 Entire Agreement
We and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.
15.4 Further Assurances
You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
15.5 Force Majeure
We are not liable for any default or delay in the performance of any of our obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
15.6 Third Party Beneficiaries
JobsRockHill.com’s affiliates, underlying service providers, business partners, thirdparty suppliers and providers, members of our network, account providers, licensors, officers, directors, employees, distributors and agents are expressly made third party beneficiaries of this Agreement. Except as set forth in the immediately preceding sentence, nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.
The titles of the paragraphs of this Agreement are for convenience only and have no legal or contractual effect.
15.8 No Agency
Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
15.9 Attorney Fees
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
15.10 Governing Law and Legal Actions
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement, whether in contract, tort, fraud, misrepresentation or any other legal theory. Disputes with consumers, as therein defined, will be resolved by binding arbitration conducted under the AAA’s Consumer Arbitration Rules, as applicable.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS OR USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Only a court, and not an arbitrator, shall determine the validity and effect of the class action waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive.
No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against us in violation of this paragraph, you agree to pay our reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of South Carolina, exclusive of conflict or choice of law rules.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 116).
15.11 Additional Information
If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at legal@JobsRockHill.com.
Your Name: _ Your Title:
The Organization You Represent:
Your Signature: _ Date: