TERMS OF SERVICE
Date of Last Revision: [July 12, 2018]
Welcome to TeenJobFind!
TeenJobFind, Inc. (“TeenJobFind,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.teenjobfind.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Platform”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform or changes made for legal reasons will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, AN AGREEMENT TO TRANSACT AND COMMUNICATE ELECTRONICALLY, AN AGREEMENT TO RECEIVE ALL LEGALLY REQUIRED NOTICES ELECTRONICALLY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TEENJOBFIND ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW
Access and Use of the Platform
Platform Description: The Platform is designed to connect individuals and/or businesses seeking to obtain services (“Clients”) with individuals seeking to perform such services (“Service Providers”). Clients and Service Providers together are hereinafter referred to as “Users”. If you agree to the terms for services with another User, you and such other User shall form a separate contractual relationship directly between the two of you.
Our Platform only enables connections between Users. TeenJobFind is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever related to any Users, the services provided by such Users, or the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. TeenJobFind makes no representations about the suitability, reliability, timeliness, or accuracy of the services requested and provided by Users identified through our Platform whether in public, private, or offline interactions.
Electronic Communications Notice and Consent.
This Electronic Communications Notice and Consent (“Consent”) applies to all communications regarding the Platform, and any other products and services provided by TeenJobFind and our affiliates, bank partners, service providers, and your use of our website (www.teenjobfind.com) and Mobile ServicesYou agree to conduct transactions with TeenJobFind electronically, and you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, including disclosures and notices that we and our service providers may otherwise be required to send or provide you in writing or paper form (e.g., by mail) and other communication items provided in connection with the Platform any and all services we provide (collectively, “Communications”). By checking the box indicating your consent to receive electronic communications, you consent to receive all Communications from TeenJobFind and its service providers or delegates electronically. Before doing so, it is important that you: (1) read and understand these Terms of Service; (2) determine that you satisfy the minimum hardware and software requirements set out below; and (3) understand your consent will remain in effect until you withdraw it as provided below.
Covered Communications: Communications covered by this Consent include disclosures and communications we provide to you including but not limited to: (i) terms and conditions, disclosures privacy statements or notices and any changes; (ii) transaction histories, paystubs, receipts and confirmations; (iii) disclosures and other notices or Communications provided in connection with background checks; and (iv) customer service communications.
Receiving Communications: TeenJobFind, Sterling Talen Solutions, Inc., and other service providers and affiliates of TeenJobFind may provide Communications to you by email, text message, in-app message or by making them accessible on the TeenJobFind website, mobile application, or mobile website (including via links and attachments provided in the app, on the website, and in emails). Communications will be provided online and will be viewable using browser software, the mobile app and/or PDF viewer software. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Hardware and Software Requirements: To access and retain Communications, you must meet the following hardware and software requirements:
Application Language: English
Display Orientation: Portrait
Application: iPhone 5, 6, 6S, 7, 7+
Operating system: IOS – 9.0 to 10.0
We may require that you click on a link, open a file, and/or respond to an email to demonstrate you are able to receive and view Communications. If you use a spam filter or similar software that blocks or re-routes emails from untrusted senders, we recommend that you add TeenJobFind to your email address book to ensure you receive Communications by email.
How To Withdraw Your Consent: You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org. If you withdraw this consent to receive electronic Communications, we reserve the right to terminate your TeenJobFind account, and you may no longer be able to use our Platform or any of our other services.
Requesting Paper Copies of Communications: You may request that we send you a paper copy of Communications via U.S. Mail. To request a paper copy, contact us at email@example.com . You must provide your current U.S. mailing address so we can process this request. We may charge you a reasonable fee not to exceed $10 per copy. Except as prohibited by law, we reserve the right, in our sole discretion, to deny your request.
Updating Your Contact Information: In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device telephone number by updating your profile on the TeenJobFind website or mobile app. It is your responsibility to keep your contact information current and ensure that you have installed the most up-to-date version of the mobile app on your mobile device so that TeenJobFind can communicate with you electronically. You understand and agree that if TeenJobFind sends you a Communication but you do not receive it because your contact information on file is incorrect, the Communication is blocked by your service provider, the most up-to-date version of the mobile app is not properly installed on your mobile device, or you are otherwise unable to receive electronic Communications, TeenJobFind will be deemed to have provided the Communication to you. If we are unable to deliver electronic Communications to you, we may deem your account inactive or terminate your account. You may not be able to use our Platform or other services until we receive a valid, working primary email address and/or mobile device telephone number from you and you are able to receive electronic Communications.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify TeenJobFind of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform. TeenJobFind will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Platform: TeenJobFind reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that TeenJobFind will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
General Practices Regarding Use and Storage: You acknowledge that TeenJobFind may establish general practices and limits concerning use of the Platform, including without limitation the maximum period of time that data or other content will be retained by the Platform and the maximum storage space that will be allotted on TeenJobFind’s servers on your behalf. You agree that TeenJobFind has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Platform. You acknowledge that TeenJobFind reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TeenJobFind reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Consumer Reports: Before TeenJobFind may activate a Client account, the Client is required to consent to a background check to screen for criminal history that may present a safety risk to Service Providers. Client accounts will not be eligible for activation if the background check reveals any criminal or other history that may present a safety risk to Service Providers, including, without limitation, violent crimes, felonies, drug-related offenses, sexual offenses, theft or property damage offenses. TeenJobFind reserves the right to disqualify or refuse service to any Client or Service Provider for any reason, unless prohibited by law.
The report may include, but is not limited to, criminal and other public records and history; public court records; motor vehicle and driving records; professional disciplinary actions; drug/alcohol test results; and address history, subject to any limitations imposed by applicable federal and state law. This information may be obtained from public record and private sources, including credit bureaus, government agencies and judicial records, and other sources.
The report will be obtained in compliance with the Fair Credit Reporting Act. A summary of rights under the Fair Credit Reporting Act may be found on the Consumer Financial Protection Bureau website at http://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf
Billing and Payment
Users of the Platform contract for services directly with other Users. TeenJobFind will not be a party to any contracts for services. Payment for services through the Platform is made directly from the Client to the Service Provider and not by TeenJobFind. If a Client fails to pay a Service Provider for services provided through the Platform, TeenJobFind may, in its sole discretion, pay the Service Provider for such services but TeenJobFind is not obligated to do so. Notwithstanding the foregoing, TeenJobFind is not obligated to pay a Service Provider for Client’s failure to pay for services.
Users of the Platform will be required to provide their credit card and/or bank account details to TeenJobFind and the third party payment processor retained by TeenJobFind (the “Payment Processor”). Service Providers are responsible for invoicing their Clients within 24 hours of the work being performed even if the services are not completed in its entirety or is designed as “ongoing”. Clients will be responsible for paying the invoice for each service performed (the “Invoice”), which will include (i) the pricing terms of the services agreed with and provided by a Service Provider (“Payment”), (ii) any out of pocket expenses agreed with and submitted by a Service Provider in connection with the services, (iii) any tip or gratuity, if applicable, (iv) the service charge TeenJobFind assesses for the Platform, variable based on the Payment amount, and (v) the platform fee, which is used to offset TeenJobFind’s cost of providing Users with customer support, and (vi) cancellation fees, if applicable. Service Providers will be responsible for paying (i) cancellation fees, if applicable and (ii) repayment of erroneous payments. Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount if expenses related to services received individually, or services received in the aggregate over a 30-day period, exceed $300.00.
Payment processing services for Users on the Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Terms of Service (available at https://stripe.com/us/legal) (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TeenJobFind enabling payment processing services through Stripe, you agree to provide TeenJobFind accurate and complete information about you and your business, and you authorize TeenJobFind to share it and transaction information related to your use of the payment processing services provided by Stripe. Please note that TeenJobFind is not a party to the Stripe Services Agreement and that TeenJobFind has no obligations or liability to you under the Stripe Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, TeenJobFind and/or the Payment Processor may validate an account before activation. As part of the account validation, a very temporary charge is placed on account associated with the User and then refunded within 1-3 business days. Due to the difference in Payment Processor and credit card issuer requirements, this temporary charge may vary between $0.01 US to $5000.00 US depending on the estimated value of the services and reimbursements.
When Client receives confirmation through the Platform or via email that the requested services have been completed, Client automatically authorizes TeenJobFind to provide Client’s payment details to the Payment Processor for processing of Payment, out of pocket expenses owed to Service Provider, and the service charge and trust and support fees owed to TeenJobFind for the use of the Platform. You may be charged a cancellation fee through the Payment Processor if you book certain services, but cancel it before it is completed, as set forth in the pricing terms or if you agree to perform certain services but fail to complete it, as may be set forth in the pricing terms.
TeenJobFind reserves the right, in its sole discretion (but not the obligation), upon request from Client or Service Provider or upon notice of any potential fraud, unauthorized charges or other misuse of the Platform, to (i) place on hold any Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the Payment Processor to do so.
Users of the Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the services provided (other than taxes on TeenJobFind’s income).
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Platform. The following are examples of the kind of content and/or use that is illegal or prohibited by TeenJobFind. TeenJobFind reserves the right to investigate and take appropriate legal action against anyone who, in TeenJobFind’s sole discretion, violates this provision, including without limitation, removing the offending content from the Platform, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Platform to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of TeenJobFind, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose TeenJobFind or its Users to any harm or liability of any type;
- interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other Users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform.
Interactions with Other Users: You further represent and warrant that you will fulfill the commitments you make to other Users including paying and receiving payment through the Platform, communicating clearly and promptly with other Users, and being present and/or available at the time you agree upon with your Service Provider or Client as the case may be. Service Providers additionally represent and warrant that you will provide timely, high quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise and you will provide the services safely.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Platform and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Platform, including as it concerns online conduct and acceptable content.
Apple-Enabled Software Applications
TeenJobFind offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- TeenJobFind and you acknowledge that these Terms of Service are concluded between TeenJobFind and you only, and not with Apple, and that as between TeenJobFind and Apple, TeenJobFind, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be TeenJobFind’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- TeenJobFind and you acknowledge that TeenJobFind, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between TeenJobFind and Apple, TeenJobFind, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to TeenJobFind as follows:
P.O. Box 60622
Palo Alto, CA 94306
TeenJobFind and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Platform Content, Software and Trademarks: You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TeenJobFind, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Platform. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by TeenJobFind from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of TeenJobFind, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TeenJobFind.
The TeenJobFind name and logos are trademarks and service marks of TeenJobFind (collectively the “TeenJobFind Trademarks”). Other TeenJobFind, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TeenJobFind. Nothing in this Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TeenJobFind Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of TeenJobFind Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will TeenJobFind be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TeenJobFind does not pre-screen content, but that TeenJobFind and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, TeenJobFind and its designees will have the right to remove any content that violates these Terms of Service or is deemed by TeenJobFind, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Platform: With respect to the content or other materials you upload through the Platform or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant TeenJobFind and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by you to TeenJobFind are non-confidential and TeenJobFind will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that TeenJobFind may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TeenJobFind, its Users and the public. You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: TeenJobFind respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify TeenJobFind of your infringement claim in accordance with the procedure set forth below.
TeenJobFind will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to TeenJobFind’s Copyright Agent at firstname.lastname@example.org Subject line: “DMCA Takedown Request”). You may also contact us by mail at: P.O. Box 60622, Palo Alto, CA, 94306.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, TeenJobFind will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, TeenJobFind has adopted a policy of terminating, in appropriate circumstances and at TeenJobFind’s sole discretion, Users who are deemed to be repeat infringers. TeenJobFind may also at its sole discretion limit access to the Platform and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Platform may provide, or third parties may provide, links or other access to other sites and resources on the Internet. TeenJobFind has no control over such sites and resources and TeenJobFind is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that TeenJobFind will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Platform are between you and the third party, and you agree that TeenJobFind is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, TeenJobFind is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, TeenJobFind is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. TeenJobFind enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold TeenJobFind and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any User Content, your connection to the Platform, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TEENJOBFIND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TEENJOBFIND MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER TEENJOBFIND NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE TEENJOBFIND AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. TEENJOBFIND AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEENJOBFIND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEENJOBFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM E; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL TEENJOBFIND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TEENJOBFIND IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and TeenJobFind, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Platform, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and TeenJobFind are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND TEENJOBFIND AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TEENJOBFIND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution
TeenJobFind is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to TeenJobFind should be sent to P.O. Box 60622, Palo Alto, CA, 94306 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If TeenJobFind and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or TeenJobFind may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TeenJobFind or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TeenJobFind is entitled.
- Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless TeenJobFind and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, TeenJobFind agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, TeenJobFind will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, TeenJobFind will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, TeenJobFind will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless subsection (b) above is deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
- Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, TeenJobFind agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Platform, you may reject any such change by sending TeenJobFind written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that TeenJobFind, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if TeenJobFind believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platform, may be referred to appropriate law enforcement authorities. TeenJobFind may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that TeenJobFind may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that TeenJobFind will not be liable to you or any third party for any termination of your access to the Platform.
You agree that you are solely responsible for your interactions with any other user in connection with the Platform and TeenJobFind will have no liability or responsibility with respect thereto. TeenJobFind reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.
These Terms of Service constitute the entire agreement between you and TeenJobFind and govern your use of the Platform, superseding any prior agreements between you and TeenJobFind with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and TeenJobFind agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of TeenJobFind to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of TeenJobFind, but TeenJobFind may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at by mail at P.O. Box 60622, Palo Alto, CA, 94306 or by phone at (650) 285-1523.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Platform.