This website is owned and operated by BiggerBetterJobs (referred to herein as ‘BiggerBetterJobs,’ ‘we,’ ‘us,’ or ‘our’).The information contained on this website, including all web page documents, audio and video files, all data and all content (the ‘Site’ or ‘Website’) is provided for your use conditional upon your acceptance without modification of the Terms. BiggerBetterJobs provides you with access to a variety of resources, including but not limited to product and service information and product and service purchasing (collectively ‘Services’).
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By providing your contact information you consent to have a representative from BiggerBetterJobs contact you regarding career and educational opportunities. If you provide a wireless telephone number, you explicitly consent to receive communications at that number. You also understand and agree that telephone calls to any number that you have provided, including calls to a wireless number, may be generated using an automated dialer. Your consent to receive communications from BiggerBetterJobs is not a requirement for purchase of any of the Services.
Limitations on Use
You may download material from the Site only for your own personal, non-commercial use. While we encourage you to download and print information to help understand our Services and shop, unless otherwise specified, no material on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create woks from or used in any other way, except with prior written permission of BiggerBetterJobs and with express attribution to BiggerBetterJobs. You may not alter or attempt to alter any material on the Site, or the Site itself. You also may not, without our permission, ‘mirror’ any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
You certify to us that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of this Site by any minors; (iii) you agree that all information you have submitted to us, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the our Site; and, (iv) your use of our services is subject to all applicable federal, state, and local laws and regulations.
Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any BiggerBetterJobs’s server, or interfere with any other person’s use and enjoyment of the Site, other accounts, computer systems or networks connected to any BiggerBetterJobs’s server or to the Site, through hacking, password mining or any other means.You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Your rights to use this Site may be further limited by international law, federal law or the laws or regulations in your particular county, state or locality. BiggerBetterJobs may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site, although BiggerBetterJobs is under no obligation to do so.
Terms Applicable to Employers and Job Applicants
Some areas of the Website may allow the creation of User Content, which is defined to include: employment qualifications, job descriptions, feedback, comments, questions, and other information. You are solely responsible for the User Content that you post, upload, publish, display, link to or otherwise make available on the Website, and you agree that BiggerBetterJobs is only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, BiggerBetterJobs does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. BiggerBetterJobs reserves the right, but is not obligated, to reject and/or remove any User Content that BiggerBetterJobs believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
BiggerBetterJobs takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Website. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Website, is solely your responsibility. In connection with your User Content, you affirm, represent and warrant the following:
You are at least 18 years of age and your access to the Website has not been previously terminated, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and BiggerBetterJobs’s use thereof as contemplated by this Agreement will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.
BiggerBetterJobs may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
BiggerBetterJobs is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that BiggerBetterJobs shall not be liable for any damages you allege to incur as a result of such User Content.
You retain all ownership rights of your User Content. By posting any User Content on the Website, you expressly grant, and you represent and warrant that you have a right to grant, to BiggerBetterJobs a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Website. You understand and agree, however, that BiggerBetterJobs may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Website does not provide you a means to delete or remove are perpetual and irrevocable.
Employers who post User Content represent, warrant and covenant that any materials provided by said employer for use in connection with the Website will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employers hereby grant BiggerBetterJobs a non-exclusive, worldwide, royalty-free license to use said materials and to hyperlink to said employer’s website in connection with the Services.
BiggerBetterJobs hereby grants users who are job seekers a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the User Content you post or upload to the Site and any consequences arising from such posting. Your use of the Site is a privilege. BiggerBetterJobs reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
BiggerBetterJobs hereby grants users who are potential employers a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. BiggerBetterJobs also grants you a limited, terminable, non-exclusive license to use the Site for your internal use only. You may not sell, transfer or assign any of your rights to any of the Services provided by BiggerBetterJobs to any third party without the express written authorization of BiggerBetterJobs. You agree that you are solely responsible for the content of any User Content you post or upload to the Site and any consequences arising from such posting. BiggerBetterJobs reserves the right to suspend or terminate your access and use at any time if BiggerBetterJobs determines that you are in breach of this Agreement.
Additional Terms Applicable to Potential Employers
You are responsible for maintaining the confidentiality of your account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Site registrations and passwords, whether or not authorized by you. You agree to immediately notify BiggerBetterJobs of any unauthorized use of your employer user account, profile, or passwords.
Employers are solely responsible for their postings on the Site. BiggerBetterJobs is not to be considered to be an employer with respect to your use of the Site, and BiggerBetterJobs shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or interacting with any job seekers on the Site.
You understand and acknowledge that if you cancel your user account or your account is terminated, all of your account information from BiggerBetterJobs, including but not limited to saved resumes, conversations with job seekers, and past or current job postings, will be marked as deleted and may be deleted from BiggerBetterJobs’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through BiggerBetterJobs’s web servers.
In order to protect BiggerBetterJobs’s users from commercial advertising or solicitation, BiggerBetterJobs reserves the right to restrict the number of e-mails or messages which an employer may send to users to a number which BiggerBetterJobs deems appropriate in its sole discretion.
Job seeker profiles derived from User Content may also be made available through the Site. BiggerBetterJobs does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by BiggerBetterJobs;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in BiggerBetterJobs’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by BiggerBetterJobs;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use your BiggerBetterJobs job posting to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) post jobs or other advertisements for competitors of BiggerBetterJobs or post jobs or other content that contains links to any site competitive with BiggerBetterJobs;
(e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(i) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(j) post jobs on any BiggerBetterJobs Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(k) advertise sexual services or seek employees for jobs of a sexual nature;
(l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(m) endorse a particular political party, political agenda, political position or issue;
(n) promote a particular religion;
(o) post jobs located in countries subject to economic sanctions of the United States Government; and
(p) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
BiggerBetterJobs reserves the right to remove any job posting or content from the Site, which in the reasonable exercise of BiggerBetterJobs’s discretion, does not comply with the Terms, or if any content is posted that BiggerBetterJobs believes is not in the best interest of BiggerBetterJobs.
If at any time during your use of the Site, you made a misrepresentation of fact to BiggerBetterJobs or otherwise misled BiggerBetterJobs in regards to the nature of your business activities, BiggerBetterJobs will have grounds to terminate your use of the Site.
You shall use the BiggerBetterJobs job seeker database as provided in this Agreement and in any contract you have with BiggerBetterJobs. You shall use the database in accordance with all applicable privacy and data protection laws, and you agree that you shall not further disclose any of the data from the database to any third party, unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from BiggerBetterJobs Job Seeker Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share any BiggerBetterJobs seat-based license login credentials with any other party.
The BiggerBetterJobs job seeker database shall not be used:
(a) for any purpose other than as an Employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs or business opportunities prohibited by Section 6.1.
In order to ensure a safe and effective experience for all of our users, BiggerBetterJobs reserves the right to limit the amount of data (including but not limited to profile or resume views) that may be accessed by you in any given time period. These limits may be amended in BiggerBetterJobs’s sole discretion from time to time.
Ownership and Intellectual Property Rights
You agree and acknowledge that BiggerBetterJobs is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States. Any unauthorized use of any material on this Site may violate such laws. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval.
The trademarks, logos and service marks used and displayed on this Site (the ‘Marks’), are registered and unregistered trademarks of, and owned by, BiggerBetterJobs. Under no circumstances may you use any of the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms.Any other use is strictly prohibited and BiggerBetterJobs will take all necessary action to enforce its rights. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks without the written permission of the trademark owner.
You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms. If you make any permitted copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose you will be violating the intellectual property rights of BiggerBetterJobs, which it vigorously protects.
BiggerBetterJobs respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide BiggerBetterJobs with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information – name address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to:
Attn: Chief Marketing Officer
223 Bulldog blvd #527
Provo, Utah 84604
This Agreement will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Site.
Privacy and Communications With Us
The Site may provide you an opportunity to communicate with us. Please be aware that any communication, whether it be a suggestion, idea, graphic or other material, to BiggerBetterJobs through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit or post becomes the property of BiggerBetterJobs and BiggerBetterJobs is free to disseminate or use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
Any contact or communication which you may make with us or our employees via this Site must be for BiggerBetterJobs business-related purposes and all such communications are property of BiggerBetterJobs, and subject to review and monitoring by us. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. You understand that information transmitted over public networks may be accessed by third parties and BiggerBetterJobs will not be liable for any such unauthorized disclosure. BiggerBetterJobs will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
BiggerBetterJobs and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when BiggerBetterJobs’s products or marketing strategies might seem similar to ideas submitted to BiggerBetterJobs. So please do not send your unsolicited ideas to BiggerBetterJobs or anyone at BiggerBetterJobs. If, despite our request that you not send us your ideas and materials, you still send them, please understand that BiggerBetterJobs makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Third Party Sites
This Site may contain links to other sites created and maintained by other organizations, which may or may not be related to BiggerBetterJobs. These links are provided for your convenience and are for reference only and you agree that the links do not imply that BiggerBetterJobs is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of, BiggerBetterJobs. BiggerBetterJobs makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, BiggerBetterJobs does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Site without first obtaining our written permission.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Your use and browsing of this Site is solely at your own risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
THIS SITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, BiggerBetterJobs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). BiggerBetterJobs (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. BiggerBetterJobs (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCE SHALL BiggerBetterJobs, ITS PARENT, SUBSIDIARIES AND EACH OF THE FOREGOING DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BiggerBetterJobs HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF BiggerBetterJobs TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. YOU MAY BRING NO CLAIM AGAINST BiggerBetterJobs MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF BiggerBetterJobs IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE BiggerBetterJobs, BUSINESS ASSOCIATES, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
TERMINATION OF ACCESS
THIS AGREEMENT AND THE TERMS OF THE CLUB MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
CLASS ACTION WAIVER
TO THE EXTENT PERMITTED BY LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO HAVE A JURY TRIAL. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION LAWSUITS: (A) DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS OR REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION OR SMALL CLAIMS COURT AS PROVIDED BELOW; AND (B) IS AN INDEPENDENT AGREEMENT.
NOTICE OF DISPUTE
In the event of a dispute, you and we agree to first commence a formal dispute proceeding by submitting an initial dispute notice to the other party, which shall be a written statement that sets forth the name, address, and contact information of the party giving such notice, the facts relied upon for raising the dispute, and the relief requested. If the parties cannot satisfactorily resolve the dispute within sixty (60) days after the date of the notice and the party requesting relief wishes to proceed, the party requesting relief must submit its dispute for resolution by arbitration or in small claims court (if the claim qualifies) in the manner described below. To send a dispute notice to us, send the notice to: 223 Bulldog blvd #527 Provo, Utah 84604
SMALL CLAIMS COURT
In the event of a dispute that is not settled by informal negotiation after the receipt of a dispute notice, you may choose to litigate the dispute in small claims court in your county of residence or Utah County, Utah, if the dispute meets all requirements to be heard in such court.
ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF OUR WEB SITE, YOUR MEMBERSHIP IN THE CLUB, YOUR USE OF THE PRODUCT(S), OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND THAT WE ARE LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION UNLESS SETTLED BY THE PARTIES BY INFORMAL NEGOTIATION AFTER DELIVERY OF A NOTICE OF DISPUTE. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“aaa”) UNDER ITS RULES AND PROCEDURES, INCLUDING THE aaa’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE ARBITATION SHALL BE HELD IN THE COUNTY IN WHICH YOU RESIDE OR AT ANOTHER MUTUALLY AGREED LOCATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION IN OREM, UTAH. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT, EXCEPT SMALL CLAIMS COURT, TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATOR(S) NOT A JUDGE OR JURY.
Any failure by BiggerBetterJobs to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforce ability of any remaining provisions hereunder. These Terms contain the entire agreement between you and BiggerBetterJobs relating to your use of the Site.
Notwithstanding any other provision, We may also engage a third party partner for the purpose of identifying users and delivering to them interest-based content and advertisements. We may share information about you with our partners such as your name, postal address, email, or other identifier and may do so non-human readable form to ensure the security of your information. Our partners also may collect information directly from your device, such as your IP address, device ID, information about your browser or operating system, and depending on your device settings, your geographic location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device; may combine our personal and non-personal information about you with information from other sources; and may place or recognize a unique cookie on your browser. To opt-out of third party cookies, please go to http://www.aboutads.info/choices. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.
Your correspondence or business dealings with any third parties as a result of your visit and participation in the Services, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that BiggerBetterJobs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Services.
BiggerBetterJobs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that BiggerBetterJobs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The Agreement constitutes the entire agreement between you and BiggerBetterJobs and governs your use of the Site or Services, superseding any prior agreements between you and BiggerBetterJobs. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other BiggerBetterJobs services, affiliate services, third party content or third party software.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.