TERMS OF USE

TERMS OF USE

Please read these terms and conditions of use ('Terms') carefully before using this website. BY USING THE JOBSFLAG WEBSITE, YOU AGREE, ACCEPT AND UNDERSTAND THE TERMS OF THE OFFER BELOW ("AGREEMENT"). THESE TERMS OF OFFER CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION THAT AFFECT YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US UNDER THESE TERMS OF USE. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION AS FURTHER DESCRIBED BELOW.

The owners of JobsFlag reserve the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the 'Terms of Use' hypertext link located at the bottom of these web pages. Such changes are effective immediately upon posting on this website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. The owners of JobsFlag reserve the right to revoke any or all access and use authorizations granted to you in regards to this website.

Services Provided

This website is owned and operated by JobsFlag and its affiliates (referred to herein as 'JobsFlag,' '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. JobsFlag 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').

You understand and agree that if you request a product or service offered through us, we may share your information with certain business associates to process and fulfill your request. By providing your contact information you consent to have a representative from JobsFlag or Liquid Education 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 JobsFlag, its affiliates, or associates is not a requirement for purchase of any of the Services.

You further agree that we or our associates may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that our business associates may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from any of our business associates, you agree to notify the associate directly. By giving your permission during the account registration process, you expressly consent to receive such promotional materials from us, Debt Solution Center, and/or our business partners or other companies via various media channels, which includes, but is not limited to, SMS messaging (standard carrier text messaging charges will apply).

You understand and agree that third parties to which JobsFlag may have shared your information are not owned or otherwise affiliated with JobsFlag and that JobsFlag shall not be held liable for the actions of said third parties. Any alleged action by said third party that is not in compliance with applicable law shall not be used as the basis for an action brought against JobsFlag.

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 JobsFlag and with express attribution to JobsFlag. 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 JobsFlag's server, or interfere with any other person's use and enjoyment of the Site, other accounts, computer systems or networks connected to any JobsFlag'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. JobsFlag 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 JobsFlag 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 JobsFlag 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, JobsFlag 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. JobsFlag reserves the right, but is not obligated, to reject and/or remove any User Content that JobsFlag 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.

JobsFlag 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:

JobsFlag 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 JobsFlag 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 JobsFlag 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 JobsFlag 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 JobsFlag a non-exclusive, worldwide, royalty-free license to use said materials and to hyperlink to said employer's website in connection with the Services.

JobsFlag 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. JobsFlag reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

JobsFlag 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. JobsFlag 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 JobsFlag to any third party without the express written authorization of JobsFlag. 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. JobsFlag reserves the right to suspend or terminate your access and use at any time if JobsFlag 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 JobsFlag of any unauthorized use of your employer user account, profile, or passwords.

Employers are solely responsible for their postings on the Site. JobsFlag is not to be considered to be an employer with respect to your use of the Site, and JobsFlag 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 JobsFlag, 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 JobsFlag's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through JobsFlag's web servers.

In order to protect JobsFlag's users from commercial advertising or solicitation, JobsFlag reserves the right to restrict the number of e-mails or messages which an employer may send to users to a number which JobsFlag deems appropriate in its sole discretion.

Job seeker profiles derived from User Content may also be made available through the Site. JobsFlag 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:

You may not use your JobsFlag job posting to:

JobsFlag reserves the right to remove any job posting or content from the Site, which in the reasonable exercise of JobsFlag's discretion, does not comply with the Terms, or if any content is posted that JobsFlag believes is not in the best interest of JobsFlag.

If at any time during your use of the Site, you made a misrepresentation of fact to JobsFlag or otherwise misled JobsFlag in regards to the nature of your business activities, JobsFlag will have grounds to terminate your use of the Site.

You shall use the JobsFlag job seeker database as provided in this Agreement and in any contract you have with JobsFlag. 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 JobsFlag Job Seeker Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share any JobsFlag seat-based license login credentials with any other party.

The JobsFlag job seeker database shall not be used:

In order to ensure a safe and effective experience for all of our users, JobsFlag 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 JobsFlag's sole discretion from time to time.

Ownership and Intellectual Property Rights

You agree and acknowledge that JobsFlag 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, JobsFlag. 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 JobsFlag 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 JobsFlag, which it vigorously protects.

JobsFlag 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 JobsFlag 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:

JobsFlag
Attn: Chief Marketing Officer
223 Bulldog blvd #527
Provo, Utah 84604

Term

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

Please review our Privacy Policy, which may be accessed by clicking on the hyper-link at the bottom of each web page. The Privacy Policy is incorporated by this reference.

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 JobsFlag through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit or post becomes the property of JobsFlag and JobsFlag 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 JobsFlag business-related purposes and all such communications are property of JobsFlag, 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 JobsFlag will not be liable for any such unauthorized disclosure. JobsFlag 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.

JobsFlag 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 JobsFlag's products or marketing strategies might seem similar to ideas submitted to JobsFlag. So please do not send your unsolicited ideas to JobsFlag or anyone at JobsFlag. If, despite our request that you not send us your ideas and materials, you still send them, please understand that JobsFlag 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 JobsFlag. These links are provided for your convenience and are for reference only and you agree that the links do not imply that JobsFlag is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of, JobsFlag. JobsFlag 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, JobsFlag 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, JOBSFLAG 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). JOBSFLAG (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. JOBSFLAG (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 JOBSFLAG, ITS PARENT, SUBSIDIARIES OR AFFILIATES 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 JOBSFLAG HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF JOBSFLAG 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 JOBSFLAG 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 JOBSFLAG IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE JOBSFLAG AND ITS AFFILLIATES, 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

You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to our Site or Services. Cause for such termination shall include, but not be limited to: (i) breaches or violations of this Terms of Use Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination or access to the or Site or Services.

GOVERNING LAW

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.

ARBITRATION

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.

IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL AT ARBITRATION OPT-OUT, 223 Bulldog blvd #527 Provo, Utah 84604. WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS "AGREEMENT." IF YOU NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO use the site in accordcance with all other aspects of these terms of use.

Miscellaneous Provisions

Any failure by JobsFlag 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 enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and JobsFlag relating to your use of the Site.

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 JobsFlag 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.

JobsFlag 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 JobsFlag shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

JobsFlag's failure to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms of Use remain in full force and effect.

You acknowledge, consent and agree that JobsFlag may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Terms of Use; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of JobsFlag, its users and the public.

The Agreement constitutes the entire agreement between you and JobsFlag and governs your use of the Site or Services, superseding any prior agreements between you and JobsFlag. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other JobsFlag 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.

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