US ARBITRATION NOTICE. If you live in the United States, except for certain kinds of disputes described in Section 28.b, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SONICJOBS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Only persons who are eligible to form legally binding contracts and can lawfully undertake any job, occupation or employment under the applicable laws and regulations can use the Application or the Website. You must be at least 16-years old to use the Service. If you are between 16 and 18 years old, you must have the consent of your parent or guardian on your behalf and only use the Service under their direct supervision. By accessing/using the Application, the Website or the Services, you represent and warrant to SonicJobs that you are competent to contract and are at least 16 years old; (b) if you are between 16 and 18 years old, you have the consent of your parent or guardian on your behalf and will only use the Service under their direct supervision and that you have the right, authority and capacity to agree to and abide by these Terms. If you are accessing/using the Application, Website or Services on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind the said company or other legal entity and in which case the terms “you” or “your” in these Terms shall refer to such company or entity. If you do not have such authority, you must not accept the Terms and shall not use the Service. You also represent and warrant to the SonicJobs that you will use the Application and Website in a manner consistent with any and all applicable laws and regulations. SonicJobs reserves the right to terminate your access to the Application and Website if it is brought to its notice or if it is discovered that you are not competent to contract.
REGISTRATION AND COMMENCEMENT OF SERVICE:
- To access the Application, the Website or avail the Service, you must register and create an account (“User Account”) by using either your Facebook, Google Connect, Apple ID or an Email log-in and password. We will not collect, store or save your Facebook, Google Connect or Apple ID passwords.
- SonicJobs reserves the absolute discretion to either allow you to create a User Account and/or availing any of the Services or not, without assigning any reasons for the same. Once you have signed in using either your Facebook, Google Connect, Apple ID or Email log-in and password and provided all the required information, your User Account shall be successfully created and active.
- Once activated, you can use your User Account to access the Application and the Website and the Service and the details provided by you in respect of your User Account (other you’re your password) will be open and accessible to clients and third-parties that advertise jobs on SonicJobs.
- Your User Account will remain active until terminated in accordance to these Terms and in the event of such termination, your right to access or use the Service will automatically cease unless you reinstall the Application or Website or reactivate your User Account.
- By registering and creating a User Account with SonicJobs, you declare and confirm that:
- you have created the User Account for your own personal use and that the information you provide to SonicJobs will be your details (and not that of any third person);
- you will use the User Account only for yourself and will not use your User Account for the benefit of/detriment of any third party;
- all details that you provide to SonicJobs are true, complete and accurate and you further confirm that you will keep all such information current, complete and accurate at all times for as long as your User Account remains valid. You can log in to your User Account to modify or update any of your details;
- you will be responsible for safeguarding the security and confidentiality of your User Account and password; that you will not share, assign or transfer your User Account or reveal your password to any third party or do anything else that might jeopardize the security of your User Account; and that you will be solely responsible and liable for all actions/instructions initiated using your User Account except in case of any wilful or negligent act on our part;
- you will not create more than one User Account and if we disable your User Account for any reason whatsoever, you will not create another one without revealing the same to us and then again, only with our express permission.
- If you become aware of any unauthorized use of your User Account or password, you must notify SonicJobs immediately by e-mail addressed to firstname.lastname@example.org with the title “Account-Unauthorized Access”.
- SonicJobs may suspend or terminate your User Account at any time without notice, if we suspect that any information that you have provided is untrue, inaccurate, not current, or incomplete or if you are found to be in breach of any of these Terms.
LICENSE AND LIMITATION:
- On registration and activation of your User Account, SonicJobs grants you a non-exclusive, personal, limited, non-transferable, revocable, worldwide licence to access and use the Application in the form made accessible and/or provided to you by SonicJobs subsisting for as long as you have a valid User Account on the Application, including the right to install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control.
- Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
- SonicJobs merely provides an internet enabled digital platform that facilitates communication through the Application between the users of the Application and clients and third-parties that advertise jobs. SonicJobs is not and cannot be a party to or control in any manner any transaction between you and clients or third-parties that advertise jobs. All commercial/contractual terms related to applications or employment are offered by and agreed to between you and clients / third-party providers alone. SonicJobs does not screen, censor, control or supervise the actions of user(s) of the Application or Website or any of our clients or third-parties that advertise jobs and therefore, shall not be responsible or liable for any transactions, interactions, conduct or communications between you and any of our clients or third-parties that advertise jobs. You shall be solely responsible for your communications with any of our clients or third-parties that advertise jobs.
- SonicJobs is not involved in the actual communications and transaction between users of the Application, the Website or any of our clients or third-parties that advertise jobs. As a result, SonicJobs has no control over the accuracy, reliability, completeness, or timeliness of the jobs advertised or the profiles or user information submitted on the Application or the Website and makes no representations or warrants about any user or job.
- Further, users’ interactions with organisations and/or individuals found on or through the Application or Website or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between such users. You should make whatever investigation you feel necessary or appropriate before proceeding with any offline or online transaction with any user through this Application or Website or the Service. SonicJobs shall not be liable for the behaviour or statements of a user (whether of this Application or on the Website).
- Subject to these Terms, SonicJobs authorises you, to copy, download and print the content available on or from the Application or Website solely for your personal, non-commercial use. The contents of Application and Website such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content, are protected under copyright, trademark and other laws and is the exclusive property of SonicJobs or its licensors. Unauthorized use of the Application or Website may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the Application or Website on any authorized copy you make and you shall not sell or modify the same or reproduce, display, publicly perform, distribute, or otherwise use the same in any way for any public or commercial purpose, in connection with products or services that are not those of SonicJobs or in any other manner that is likely to cause confusion among users or that otherwise infringes SonicJobs’ intellectual property rights. You agree not to use our site or Application or Website for any commercial or business purposes.
- We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant SonicJobs an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
- User Content.
- User Content Generally. Certain features of the Service may permit users to submit, publish, or otherwise transmit (“Post”) content to the Service, including messages, reviews, text, or other comments or content (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
- Limited License Grant to SonicJobs. By Posting User Content to or via the Service, you grant SonicJobs a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from SonicJobs’s exercise of the license set forth in this Section.
- You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. SonicJobs disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize SonicJobs and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by SonicJobs, the Service, and these Terms;
- your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause SonicJobs to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
- your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. SonicJobs may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against SonicJobs with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, SonicJobs does not permit infringing activities on the Service.
- Disclaimers; No Warranties by SonicJobs
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND SONICJOBS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE APPLICATION, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SONICJOBS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE APPLICATION, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SONICJOBS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE SERVICE OR APPLICATION THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SonicJobs does not disclaim any warranty or other right that SonicJobs is prohibited from disclaiming under applicable law.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SONICJOBS BE LIABLE TO YOU FOR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS OR INDIRECT OR INCIDENTAL DAMAGES (AND, TO THE EXTENT AVAILABLE UNDER APPLICABLE LAW, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SONICJOBS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES.
- EXCEPT AS PROVIDED IN SECTIONS 16.5 AND 16.6 (IF APPLICABLE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SONICJOBS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO SONICJOBS FOR ACCESS TO AND USE OF THE SERVICE IN THE 6 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM OR (B) $100 FOR U.S. RESIDENTS OR £100 FOR RESIDENTS OF ALL OTHER JURISDICTIONS.
- The laws of certain countries, states and jurisdictions do not allow the limitation of liability or certain damages, and if such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.
- Email. You may receive emails concerning our products and services, as well as those of our Clients and third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
- Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
- Text Messaging & Phone Calls. You agree that SonicJobs and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM SONICJOBS, YOU CAN EMAIL PRIVACY@SONICJOBS.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM SONICJOBS, YOU CAN EMAIL PRIVACY@SONICJOBS.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
- Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by SonicJobs;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identify, accessing any other Service account without permission;
- sell or otherwise transfer the access granted under these Terms or any materials available through the Service or any right or ability to view, access, or use any materials available through the Service; or
- attempt to do any of the acts described in this Section 19 or assist or permit any person in engaging in any of the acts described in this Section 19.
- Modification of the Service. SonicJobs reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. SonicJobs will have no liability for any change to the Service, including any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
- Governing Law.
UNITED STATES PROVISIONS:
If you live the United States, the following terms shall also apply:
- California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- Copyright Infringement
- Respect of Third Party Rights. respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
SonicJobs App Limited
Attn: Legal Department (IP Notification)
Number 4, 7 Buckland Crescent, NW35DH, London, UK
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by SonicJobs with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to SonicJobs making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Repeat Infringers. SonicJobs’s policy is to: (a) remove or disable access to material that SonicJobs believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. SonicJobs will terminate the accounts of users that are determined by SonicJobs to be repeat infringers. SonicJobs reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
- Counter Notification. If you receive a notification from SonicJobs that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide SonicJobs with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to SonicJobs’s Designated Agent through one of the methods identified in Section 27.a, and include substantially the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which SonicJobs may be found, and that you will accept service of process from the person who provided notification under Section 11.2 above or an agent of that person.
- Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to SonicJobs in response to a Notification of Claimed Infringement, then SonicJobs will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that SonicJobs will replace the removed User Content or cease disabling access to it in 10 business days, and SonicJobs will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless SonicJobs’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on SonicJobs’s system or network.
- False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of SonicJobs relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” SonicJobs reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
- Generally. In the interest of resolving disputes between you and SonicJobs in the most expedient and cost effective manner, and except as described in Section 28.b and 28.c and , you and SonicJobs agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SONICJOBS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 28.a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 28 within 30 days after the date that you agree to these Terms by sending a letter to SonicJobs App Limited, Attention: Legal Department – Arbitration Opt-Out, Number 4, 7 Buckland Crescent, NW35DH, London, UK that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once SonicJobs receives your Opt-Out Notice, this Section will be void and any action arising out of these Terms will be resolved as set forth in Section 23. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Arbitrator. Any arbitration between you and SonicJobs will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting SonicJobs. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). SonicJobs’ address for Notice of Arbitration is: SonicJobs App Limited, Number 4, 7 Buckland Crescent, NW35DH, London, UK. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or SonicJobs may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or SonicJobs must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by SonicJobs in settlement of the dispute prior to the award, SonicJobs will pay to you the higher of: (1) the amount awarded by the arbitrator and (2) US$10,000.
- Fees. If you commence arbitration in accordance with these Terms, SonicJobs will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your residence address, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SonicJobs for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND SONICJOBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SonicJobs agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If SonicJobs makes any future change to this arbitration provision, other than a change to SonicJobs’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to SonicJobs’s address for Notice of Arbitration, in which case your account with SonicJobs will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 28.g or the entirety of this Section 28 is found to be unenforceable, or if SonicJobs receives an Opt-Out Notice from you, then the entirety of this Section 28 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.