Effective Date: September 9, 2022
Last Updated: September 9, 2022
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM OR OTHERWISE AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
YOUR CONTINUED USE OF THE PLATFORM IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE PLATFORM. CONTINUED ACCESS AND USE OF THE PLATFORM AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS THERETO.
We are committed to making the Platform accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of the Platform, please contact us.
What’s Contained in This Agreement
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- Accounts & Profiles
- Job Application Materials
- Training Materials & Career Information
- Job Postings
- Your Use of the Platform & Code of Conduct
- User Content
- Our Intellectual Property Rights
- Our General Rights in Operating the Platform
- Third Party Content
- Third Party Communications
- Copyright Violations and the DMCA
- Text Messaging
- Limitation of Liability
- Disputes, Arbitration and Class Action Waiver
- Terms for Users in Certain Geographic Locations
- Consent to Communication
- Other Policies
- Updates to this Agreement
- Contact Us
1. Accounts & Profiles
We expect you to accurately maintain and update any information you have provided to us in connection with your User Account and Profile. You agree to notify us of any unauthorized use of the User Account, including any breach of security you become aware of involving or relating to the Platform. You acknowledge that you are responsible for all activities that occur under the User Account and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Platform in violation of these Terms. In addition, you agree to sign out from the User Account at the end of each session if you are using a device that is shared with other people.
2. Job Application Materials
Certain features and tools available through the Platform permit you to create resumes and cover letters directly on the Platform or upload such documents from other sources (collectively, “Job Application Materials"). You can store Job Application Materials in your User Account and use them to apply directly to employment opportunities available on the Platform. Certain Platform tools may also permit you to request feedback on your Job Application Materials. By requesting feedback on Job Application Materials, you are requesting and authorizing us or our vendors to review or scan Job Application Materials and provide you feedback, including suggested changes. We assume no responsibility and disclaim all liability for any changes you make based on any provided feedback. We assume no responsibility and disclaim all liability for the Job Application Materials you post, send or receive through the Platform. By uploading a file resume on the Platform, you agree that we may convert your file resume to a different file type. It is your responsibility to review your Job Application Materials to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact us to do so.
3. Training Materials & Career Information
Certain features of the Platform permit you to access job training materials (“Training Materials"), track your progress through trainings in your User Account ("User Training Progress"), and access information about career development and career roles (“Career Information"). Training Materials may be provided by GCNA or by third parties. Regardless, all Training Materials are provided for your non-commercial use and for educational purposes only. GCNA assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Training Materials made available through the Platform. We cannot guarantee the accuracy or availability of User Training Progress. Some Career Information may include information about salary estimates for certain jobs and careers. You understand that this information is provided for educational purposes only. The salary estimates we provide may vary significantly from actual salary paid by employers hiring for such job roles. We do not guarantee the accuracy of any salary estimate posted in Career Materials on the Platform and you rely on these estimates at your own risk.
4. Job Postings
Through the Platform, we bring you information about the hiring needs of private companies and other third party entities (“Job Posters"). The Platform permits you to view, access and apply to these employment opportunities (“Job Postings"). We may suggest Job Postings based on the information in your Profile. Please note that, even when a Job Posting is suggested for you, you are not guaranteed a job interview or that you will be hired. You understand that GCNA is not responsible for the content of Job Postings, or any communications from Job Posters that you receive in response to your applications or inquiries about a Job Posting. Generally, application materials must be submitted for a Job Posting on a third-party website or using the information specified by the Job Poster in the Job Posting. When you do so, you will be subject to the terms and conditions of that third party website. Applying for a Job Postings does not guarantee a job interview or that you will be hired.
You understand that GCNA is not responsible in any way for the hiring process of any Job Posters and does not have any discretion over hiring for Job Postings. GCNA is not a third party beneficiary of or liable for any agreements between Job Poster and you. GCNA will not be liable for any costs or damages arising out of or related to any relationship you establish with a Job Poster through the Platform. To the you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies, may only be asserted against the Job Poster and not against GCNA or its affiliates.
5. Your Use of the Platform & Code of Conduct
While using our Platform, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Platform for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Platform or any other party’s use of the Platform. In addition, we expect users of the Platform to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretenses, create or use an account for anyone other than yourself, or create multiple active user accounts;
- Imply a GCNA endorsement or partnership of any kind;
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Platform any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
- Violate, or attempt to violate, the security of the Platform;
- Disseminate on the Platform any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Platform;
- Build a competitive product or service using the Platform, build a product or service using similar ideas, features, functions, or graphics as the Platform or determine whether the Platform are within the scope of any patent;
- Interfere in any manner with the operation or hosting of the Platform or monitor the availability, performance, or functionality of the Platform;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Platform or to collect any information from the Platform or any other user of the Platform; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Platform.
Linking.> You are granted a limited, non-exclusive right to create text hyperlinks to the Platform for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. We may revoke these permissions at any time.
6. User Content
You are responsible for any information, text, reviews, posts, images, videos, Content, or other materials or content that you post on the Platform, upload to us, or transmit through the Platform (“User Content"). For the avoidance of doubt, User Content includes information that you upload for your Profile, as well as Job Application Materials and, in some cases, User Training Progress. You agree, represent and warrant that any User Content you post on the Platform or transmit through the Platform is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary, (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
7. Our Intellectual Property Rights
As between you and GCNA, all right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement is referred to herein as “GCNA Content", and, with the exception of certain information in Job Postings and third party Training Materials and Career Information, is and will remain the exclusive property of GCNA and its licensors. GCNA Content is protected by intellectual property rights both in the United States and internationally.
Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use our trademarks, logos, domain names, and other distinctive brand features. Subject to your compliance with and the limitations set forth in these Terms, GCNA grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform to fulfill your personal, non-commercial purposes.
8. Our General Rights in Operating the Platform
We reserve the following rights with respect to our operation of the Platform:
- We may modify, terminate, or refuse to provide Platform at any time for any reason, without notice.
- We may remove anyone from the Platform at any time for any reason, solely in our discretion.
- We reserve the right to access your account and User Content in order to respond to requests for technical support, to maintain the safety and security of the Platform, and for other legitimate business purposes, as necessary, in our discretion.
- We may, but has no obligation to, monitor any User Content that appears on the Platform or review any conduct occurring through the Platform.
- If you close your account, we may keep a copy of User Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our business purposes, subject to applicable law.
- We reserve the right to remove User Content or terminate your account without warning if you violate any of the provisions of these Terms.
- We have, in our sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of the Platform or your access to the same without warning at any time.
9. Third Party Content
Any information, statements, opinions or other information provided by third parties and made available on the Platform, including Job Postings, Training Materials or Career Information, are those of the respective author(s) and not us. We do not endorse, or guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party content on the Platform. ANY CONTENT PROVIDED THROUGH THE PLATFORM IS FOR EDUCATIONAL PURPOSES ONLY. WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY JOB POSTING, TRAINING MATERIALS, CAREER INFORMATION AND ANY TESTIMONIAL, DESCRIPTION, OR OPINION POSTED ON THE PLATFORM TO THE MAXIMUM EXTENT ALLOWED BY LAW.
We may provide on the Platform, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave the Platform. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked sites or the information appearing thereon or any of the products or services described thereon. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
10. Third Party Communications
By using the Platform, you may receive communications from third parties (e.g., Job Posters). GCNA IS NOT RESPONSIBLE FOR THESE COMMUNICATIONS AND SHALL NOT BE LIABLE FOR THEM. GCNA assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications. Please do not send personal information to any third party without verifying the identity and trustworthiness of the source and content of any such third-party communications.
11. Copyright Violations and the DMCA
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA"). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any content on the Platform or Platform Functionalities infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent"), identified below, with the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
- The URL or other specific location on the Platform that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
- Your name, mailing address, telephone number and email address;
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf
Designated Agent: DMCAAgent@gtlaw.com
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material. We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.
If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
- Your name, mailing address, telephone number and email address;
- If you are in the United State, the following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal jurisdiction in which you are located]." If you are not in the United States, the following statement “I consent to the federal jurisdiction where GCNA is located.";
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Platform.
12. Text Messaging
BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
The Platform may allow you to download certain content. GCNA makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with GCNA or a third party. You may not be able to download raw files for User Content.
The Platform and these Terms are in effect until terminated by you or GCNA. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Platform. You may terminate these Terms by providing written notice of termination, including your detailed contact information and your account information, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Platform and any related features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
Upon any such termination, (i) you will immediately cease all use of and access to Platform; (ii) we may delete or disable access to any of your User Content at any time; and (iii) we may, in our sole discretion, delete your User Account. You agree that if your use of Platform is terminated pursuant to this Agreement, you will not attempt to use Platform under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Platform after termination will be a violation of this Section, which survives any termination.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination. Even after the termination of these Terms or of your Account or access to the Platform, any User Content you have posted or submitted may remain on the Platform indefinitely.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE PLATFORM OR ON ANY OTHER SITES LINKED TO OR FROM THE PLATFORM. GCNA ASSUMES NO RESPONSIBILITY, AND EXPLICITLY DISCLAIMS ALL LIABILITY FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF ANY JOB POSTING, TRAINING MATERIALS OR CAREER INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH JOB POSTERS AND OTHER USERS, AND WE ARE NOT RESPONSIBLE FOR THE ACTIVITIES, OMISSIONS, OR OTHER CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY JOB POSTER OR USER OF THE PLATFORM. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT, INACCURATE, OR UNLAWFUL CONTENT (INCLUDING ANY INFORMATION IN JOB POSTINGS) POSTED ON THE PLATFORM WHETHER CAUSED BY JOB POSTERS, USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PLATFORM.
DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN RISK. THE CONTENT OF THE PLATFORM IS PROVIDED “AS IS" AND ON AN “AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOUR USE OF OUR PLATFORM IS AT YOUR OWN RISK. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT WE WILL MONITOR CONTENT, INTERACTIONS, OR ACCOUNT ACTIVITY ON THE PLATFORM.
16. Limitation of Liability
WE AND ANY OF OUR AFFILIATES, DIVISIONS AND RELATED ORGANIZATIONS AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE PLATFORM, ANY CONTENT UPLOADED BY USERS AND/OR JOB POSTERS, OR EXTERNAL LINKS ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES ARE NOT LIABLE FOR ANY LOSS OR CORRUPTION OF CONTENT, INCLUDING BUT NOT LIMITED TO JOB POSTINGS, TRAINING MATERIALS, CAREER INFORMATION, USER TRAINING PROGRESS, PROFILES OR JOB APPLICATION MATERIALS. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER, JOB POSTER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
You agree to indemnify, defend and hold the Releasees harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Platform; or (iii) the User Content or other information you provide to us through the Platform. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Disputes, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Class Action Waiver: YOU AND WE AGREE THAT ANY CLAIMS OR ARBITRATION RELATED TO THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ARBITRATION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice"). The Notice to us must be addressed to: 2626 W Beryl Ave, Phoenix, AZ 85021. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater (the “Award").
Coordinated Proceedings: If 20 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims"), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for GCNA shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases"). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against GCNA. INDIVIDUALS BRINGING COORDINATED CLAIMS SHALL BE RESPONSIBLE FOR UP TO $250 OF THEIR FILING FEES OR THE MAXIMUM PERMISSIBLE UNDER THE APPLICABLE ARBITRATION RULES.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Arizona, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
19. Terms for Users in Certain Geographic Locations
The following terms apply to Users that are residents of certain jurisdictions:
New Jersey Users: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Users: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Consent to Communication
21. Other Policies
22. Updates to this Agreement
We may revise or otherwise change or update these Terms from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated" legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Platform. Your continued use of the Platform will signify your continued agreement to these Terms as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Platform, an email to the address we have on file, or a message in your Account.
24. Contact Us