Jobcase Terms of Use

Welcome to Jobcase! We're so glad that you've chosen Jobcase, Inc. (“Jobcase”, “we”, “us”, or “our”) to drive success in your work life! You can click the links below to navigate to specific sections of these terms and conditions (the “Agreement”), but we recommend that you read this Agreement completely before using our website, www.jobcase.com, or our mobile app (together, the “Site”).

The Site provides you with access to Jobcase's products, services, features, communications, and offerings (the “Services”). The details below describe your rights and responsibilities when you use the Site and the Services. By accessing or using the Site or Services in any way, or registering with Jobcase, you are agreeing to be bound by this Agreement.

If you are accessing the Site or using the Services on behalf of an organization that you represent, then you agree to bind both yourself as an individual, and your organization, to all of the terms of this Agreement, and all references to “you” shall also include such organization.

No agency, partnership, joint venture, employment, or franchise relationship is intended or created by this Agreement.

Our Privacy Policy is available here. By accepting this Agreement, you acknowledge that you have read and understand the Privacy Policy.

The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (“App”) (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.

App from Google Play Store. The following additional terms apply to any App you acquire via the Google Play Store (such software, “Google-Sourced Software”):

Apple-Enabled Software Apps. The following additional terms apply to any App you acquire via Apple Inc. (such software, “Apple-Enabled Software”):

Your Membership. A “Member” is any user who registers and creates an account on the Site. As between you and others, your account belongs to you.

You agree to:

You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session when accessing the Service; and (c) change your password immediately if you suspect there is or might be unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with this Section or any unauthorized activities that occur under your password or account.

Minimum Age. You agree that you must be 16 years or older to use the Sites or Services, or the minimum age set by applicable law (if older). For users who are under the age of 18 but over the age of 16, the parent or guardian of the user declares that the parent/guardian has read and understood our Privacy Policy, agrees this Agreement on behalf of the user, and agrees to the use of the Sites and Services by the user.

Registration. In order to access any of the Services, individuals and businesses will be asked to submit certain information about the user (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.

Email Communication. You must provide your email address when creating an account on the Sites to access certain Services. We may use your email address to communicate with you regarding the administration of the Sites and Services, and for other purposes described in the Privacy Policy. You may receive newsletters and updates with information that we deem to be of interest to our Members. If you would like to stop receiving marketing emails, you may opt out (i) by clicking on the “unsubscribe” link on the applicable newsletter and update or (ii) by emailing us at [email protected] .

Phone and SMS Communication. By creating an account on the Sites and providing your contact information, you agree that your registration constitutes an inquiry and/or application for purposes of telemarketing laws. When using the Sites or otherwise engaging with us, you may have the opportunity to consent to receive calls and/or text messages (including SMS and MMS messages). Please note the following:

If fees are charged to your wireless account, we may provide your carrier with your applicable information. Your wireless carrier may also collect data about your wireless device usage, and their practices are governed by their own terms. You acknowledge that the SMS message service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We are not responsible for any of the following:

Jobcase is a free service for our users.

However, from time to time, Jobcase may provide additional Services for you to purchase for a fee (“Premium Services”). This Section provides the terms and conditions for such Premium Services.

Additional Agreements. Before you purchase additional Services for a fee (“Premium Services”), you may also be asked to enter into an additional agreement(s) relating to such Premium Services (the “Additional Agreements”). Those Additional Agreements are made a part of this Agreement and will govern your use of the Services covered by the Additional Agreements. To the extent of a conflict between the terms of this Agreement and those Additional Agreements the terms of the Additional Agreements will govern.

Payment. If you purchase any of our Premium Services, you agree to the pricing and payment terms for the applicable Premium Services, as we may update them from time to time. Failure to pay these fees may result in the termination of your subscription. Your purchase may be subject to taxes.

Billing Policies. After expiration of your initial free trial period for the Premium Services, if any, your subscription will automatically renew every month or every year, in accordance with the terms of the Services you have chosen. You will be charged the rate stated at the time of purchase, every month or year, until you cancel using the account tools that we provide or by emailing us at [email protected] . Unless there is an explicit agreement stating otherwise, your rate is subject to change, but we'll always notify you beforehand. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Premium Services at the prices in effect when such charges are incurred.

Refund Policy. If you cancel, previous charges will not be refunded, but you may continue to use the applicable Premium Services until the end of the term you paid for. In the event that we suspend or terminate your account or this Agreement for your breach of this Agreement, you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of any Premium Services, any content or data associated with your account, or for anything else.

Third-Party Payment Processing. We may use a third-party payment processor (“Processor”) to process payments, for instance when users subscribe for Premium Services. Your use of the website and services of such Processor is governed by such Processor's policies. You authorize us and/or Processor to store and continue billing your specified payment method (e.g., credit card) even after such payment method has expired, to avoid interruptions in your Premium Services and to facilitate easy payment for new services. All information that you provide us and/or Processor in connection with a purchase or other monetary transaction must be accurate, complete, and current. You represent and warrant that such information is true and that you are authorized to use the applicable payment instrument.

Taxes. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions, including without limitation withholding taxes, royalties, know-how payments, privilege, excise, sales, use, value-added and property taxes (collectively, “Taxes”), except for those taxes based on our income. You will not withhold any Taxes from any amounts due. Taxes are calculated based on the billing information you provide us and/or Processor at the time of purchase. You will be responsible for all reasonable expenses (including attorney's fees) we or Processor incur in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. If at any time we are required by a taxing authority to pay any Taxes not previously collected from you, you will promptly pay such Taxes (including applicable penalties and interest, if any) upon written notice from us (which may be by email).

What You Own. You own the content, comments, pieces, ideas or other information in any form, including without limitation visual or audio data, that you submit or post through the Sites or the Services (“User Content”). You also own the suggestions, comments for enhancement or functionality, or other feedback you provide regarding the Sites or Services (“User Feedback”).

The Sites and the Services may provide, or third parties may provide, links or other access to third-party sites and resources that are not under our control, and we are not responsible for and we do not endorse such sites and resources. If you access a third-party site from the Sites or the Services, then you do so at your own risk. We provide such access or links only as a convenience, and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those third-party sites. Your use of any third-party websites and the services provided by them is governed solely by such site's policies.

You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Sites or Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

You may log in to the Sites via various online third-party services, such as social networking services like Facebook, Google, or LinkedIn (“Social Networking Services”). To take advantage of this feature and capabilities, we may ask you to authenticate or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

The Services currently enable you, among other things, to create a user profile, import a resume, search for employers and job listings, apply for open positions through job listings, interact with other Jobcase users (and Members), including businesses, and upload User Content (as defined below) to the Sites. The overall appearance, layout, design, and features of the Site are at our discretion and are subject to change at any time without notice to you. Certain activity or content on the Sites, such as job listings, may also be across our network of websites owned, operated, or powered by Jobcase. The “Jobcase Network” encompasses all online sites, including but not limited to this Site, affiliated with or powered, in whole or in part, by our technology and/or for which we are the owner or operator.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright or trademark rights have been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:

Please submit your notice to our Copyright Agent at: [email protected]. Or contact us by mail at:

Jobcase
Attn: Copyright Agent
201 Broadway
Suite 7
Cambridge, MA 02139

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:

Please submit your Counter-Notice to our Copyright Agent via email to [email protected] or mail to the address specified above.

If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

You represent, warrant and covenant for our benefit that:

You will indemnify, defend, and hold harmless us and our affiliates, and each of our respective employees, agents, officers, and directors (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorney's fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation by a third party against any Indemnified Party arising from or related to:

We will provide you with notice of any such claim or allegation, and we will have the right to participate in the defense of any such claim at our expense. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnified Party from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnified Party.

THE PARTIES ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITES AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT REPRESENT OR WARRANT THAT:

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, INCREASED OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SITE, THE SERVICES, THE INFORMATION THEREON, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: (A) THE USE OR INABILITY TO USE THE SITE OR THE SERVICES; (B) LOST OR DAMAGED DATA; OR (C) LOST PROFITS OR LOST REVENUE; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR WE HAVE BEEN NOTIFIED OF THE POSSIBILITY THEREOF.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE FOREGOING SHALL NOT APPLY TO CERTAIN STATES' RESIDENTS TO THE EXTENT ANY DAMAGES ARE CAUSED BY OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES, UNLESS YOU ENGAGE IN BINDING ARBITRATION AS SET FORTH BELOW.

A dispute might arise between you and Jobcase (the “Parties”). If that happens, Jobcase is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and Jobcase, both Parties acknowledge and agree that they will first make a good faith effort to resolve it before initiating any formal dispute resolution proceeding in arbitration or otherwise by notifying the other Party and providing a written description of the dispute. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: [email protected]. For any dispute that Jobcase initiates, we will send our written description of the dispute to the email address associated with your account. The written description must be on an individual basis and provide at least the following information: your name, a description of the nature or basis of the claim or dispute, and the specific relief sought. Upon receipt of such notice, the Parties will promptly negotiate in good faith through one or more informal dispute resolution meetings. The informal dispute resolution meetings shall be individualized such that a separate meeting must be held each time either Party intends to raise a dispute. If either Party is represented by counsel, that Party's counsel may participate in any informal dispute resolution meeting, but the Party also must appear at and participate in the conference. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after delivery of the written notice of the dispute, you and Jobcase agree to follow the formal dispute resolution provisions set forth in this Section 18. Compliance with the informal dispute resolution process in this Section 18(a) is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the Parties engage in this informal dispute resolution process. Failure to engage in this process by a Party could result in the award of fees against such Party in arbitration.

You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including their formation, performance, and breach) or payments by or to Jobcase, or that in any way relate to the provision or use of the Services, your relationship with Jobcase, or any other dispute you may have with Jobcase, shall be resolved exclusively through binding arbitration in accordance with this Section 18 (the “Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior agreement between the Parties as well as claims that may arise after the termination of this Agreement. This Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Jobcase expressly agree that the FAA shall exclusively govern the interpretation and enforcement of the arbitration provisions of this Agreement (Section 18). If for whatever reason the rules and procedures of the FAA cannot apply, the laws governing arbitration agreements in the Commonwealth of Massachusetts shall apply.

Except as set forth in this Section 18(b), the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the Parties' decision to resolve disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights; for such purpose, intellectual property rights means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a Party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a Party's right to arbitration under this Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

You and Jobcase agree to submit to the personal jurisdiction of any federal or state court in Suffolk County, Massachusetts, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in Section 18(c) below, if any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the Parties nevertheless agree that the arbitrator or court should endeavor to give effect to the Parties' intentions as reflected in this Section 18, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. EACH PARTY HEREBY ACKNOWLEDGES AND AGREES THAT YOU AND JOBCASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AND JOBCASE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION 18(g), THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). EXCEPT AS SET OUT IN SECTION 18(g), UNLESS BOTH YOU AND JOBCASE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY&aapos;S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANY PERSON OR ENTITY THAT IS NOT A PARTY TO THE PROCEEDING.

Both Section 18(c) and Section 18(g) are an essential part of this Agreement, and if all or any part of them is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Jobcase may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator determines that either Section 18(c) or Section 18(g) are not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This Section does not prevent you or Jobcase from participating in a class-wide settlement of claims.

The arbitration will be administered by JAMS and resolved before a single arbitrator. If JAMS is not available to arbitrate, the Parties will promptly select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this Section 18, JAMS will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in each case applying the rules and procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class or representative actions. The JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at (800) 352-5267.

Only after the Parties have engaged in a good-faith effort to resolve the dispute in accordance with Section 18(a), and only if those efforts fail, then either Party may initiate binding arbitration as the sole means to resolve such dispute. A Party that desires to initiate arbitration must deliver to JAMS and the other Party a demand for arbitration that satisfies the following requirements: (1) inclusion of the name, telephone number, mailing address, and email address of the Party seeking arbitration (if you are seeking arbitration, you must provide the email address associated with your Jobcase account); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and a good-faith calculation of the amount in controversy (requests for injunctive relief or attorneys' fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the Party's original signature; and (5) the Party's portion of the applicable filing fee. If the Party seeking arbitration is represented by outside counsel, the demand for arbitration must also include the counsel&aapos;s name, firm, telephone number, mailing address, email address, and original signature.

If you are initiating arbitration, hard-copy service of the demand to Jobcase shall be made in accordance with JAMS's rules and procedures to the following address: Jobcase, Inc., 201 Broadway, 6th Floor, Cambridge, MA Attention: General Counsel, and a copy of the same shall also be emailed to [email protected] . If Jobcase is initiating arbitration, it will serve a copy of the demand to the email address associated with your Jobcase account, as well as in hard copy if Jobcase knows your mailing address.

The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. When a Party is represented by outside counsel, counsel's signature on the demand for arbitration or any other paper submitted by or on behalf of counsel to JAMS or the arbitrator constitutes a certification that such paper complies with the standard set forth in Federal Rule of Civil Procedure 11(b). The arbitrator has the right to impose sanctions in accordance with the JAMS rules and procedures for any claims or submissions the arbitrator determines to violate such standard, as well as for a Party's failure to comply with Section 18(a).

Unless you and Jobcase otherwise agree, if you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Suffolk County, Commonwealth of Massachusetts, United States of America. If the amount in controversy does not exceed $10,000 and neither Party seeks injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Jobcase submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or either Party seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be held via videoconference or telephone conference unless the Parties agree otherwise.

Subject to the applicable JAMS rules and procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the Parties, with the objective of maintaining the expedited, cost-efficient nature of the arbitration. The Parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. If a Party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Jobcase, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the Party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

To increase the efficiency of administration and resolution of arbitrations, in the event one hundred or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) or groups of such law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with Section 18(d) if JAMS is unavailable) against Jobcase within a reasonably short timeframe, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than one hundred arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Jobcase and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This Section 18(g) shall in no way be interpreted as authorizing class arbitration of any kind. Jobcase does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section 18(g).

The arbitrator will render an award within the time frame specified in the applicable JAMS rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with valid jurisdiction. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Agreement. The arbitrator's award of damages and/or other relief must be consistent with Section 18(c) and Section 16 as to the types and the amounts of damages or other relief for which a Party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with any person or entity that is not a named party to the arbitration.

Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

Pursuant to the applicable JAMS Rules and Consumer Arbitration Minimum Standards, you will be required to pay $250 to initiate an arbitration against Jobcase. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Jobcase to pay the portion of that fee that exceeds the cost of filing suit. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Jobcase will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorneys' fees in certain cases.

The Parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS's Rules when it deems appropriate (including as specified in Section 18(g)), provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The Parties also agree that a good-faith challenge by either Party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 18 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

Jobcase's updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you agreed to a previous version of the Terms and did not validly opt out of arbitration. Jobcase will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms. If you create a Jobcase account for the first time on or after January 1, 2023, you may opt out of arbitration. To opt out, you must notify Jobcase in writing no later than 30 days after first becoming subject to these Terms. Your notice must include your full name, mailing address, the email address associated with your Jobcase account, a clear indication that you want to opt out of this Mutual Arbitration Agreement, and your original signature. The notice cannot be signed by your attorney, agent, or other representative, and you may only opt out on behalf of yourself individually. You must send your opt-out notice by U.S. Postal Service certified mail to Jobcase, Inc., 201 Broadway, 6th Floor, Cambridge, MA Attention: General Counsel. If you opt out of this Section 18, all other parts of this Agreement will continue to apply to you. Opting out of this Section 18 has no effect on any other arbitration agreements that you may have entered into with Jobcase or may enter into in the future with Jobcase. If you do not timely opt out of this Section 18, such inaction shall constitute mutual acceptance of the terms of this Agreement by you and Jobcase.

This Agreement will be effective for as long as you use or access the Sites or the Services. However, the sections below still apply beyond termination or expiration of this Agreement:

We may terminate your Membership without cause, at any time and without notice to you. We may terminate your access to and use of the Site and/or any Services immediately if:

The termination of your Membership will terminate your access to any Services for which registration is required. Neither we nor any of our affiliates will be liable to you or to any third party for termination of your Membership for any reason.