Terms Of Service

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. YOU MAY NOT USE THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. These terms of service (these “Terms”) apply to the use of and all services provided through seeknewcareer.com (the “Site”). These Terms are subject to change by SeekNewCareer (referred to as “SeekNewCareer”, the “Company”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before using the Site or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.


2. Changes to the Site. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.


3. Through the Site, we offer an online service that introduces consumers such as Yourself to certain of our participating third-party partners for the purpose of potentially providing You with the services or products that prompted your visit to the Site, including employment opportunities.


4. Site Access and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for both: (a) making all arrangements necessary for you to have access to the Site, and (b) ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.


5. Disclaimers. The following disclaimers are important. Please read them.


1. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.


2. We Provide Online Marketing Services Only. SeekNewCareer is merely an online marketing service and You use the Service at Your own risk, without limitation and pursuant to the terms herein. You agree that if You submit Your information, including Your personal information, demographic information, behavioral information, indirect information and Web Technology Information (hereinafter, “Your Information”), as defined more fully in the Privacy Policy, https://seeknewcareer.com/privacy, through the Site as part of a request for a product or service, SeekNewCareer may share Your Information with our TPPs to process and fulfill Your request. Your Information may include Your name; address; e-mail address; telephone number; fax number; credit card information; social security number; date of birth; age; gender; information about Your interests in and use of various products, programs, and services; education level; educational interests; date of graduation from high school, undergraduate, graduate, or any other technical program; home owner status; marital status; income; debt level; current mortgage; and mortgage rate.  You understand and agree that we are an advertising service only and are not associated with nor claim to represent any of the TPPs listed on the Site and these TPPs do not endorse the Site. All trademarks, service marks, logos and/or domain names are the property of their respective owners.


3. Our Role. SeekNewCareer’s role is limited because SeekNewCareer is not directly involved in any hiring decisions. Without limitation, SeekNewCareer does not guarantee that it will pre-screen employment opportunities or any other services or products promoted on the Site. Nor does SeekNewCareer guarantee the identity of any TPP. SeekNewCareer does not prescreen the content and/or information provided by any TPP. SeekNewCareer does not directly control the quality of any aspect of the jobs, services, or products listed, including the accuracy of any content related to any listing. SeekNewCareer does not guarantee that any TPP will execute, complete, or otherwise fulfill any job opportunity or any other kind of service, product, transaction, or contract. Unless stated otherwise in this Agreement, You are responsible for conducting Your own due diligence pertaining to any employment opportunities or any other services or products promoted on the Site.


4. No Guarantee. You understand and agree that no guarantees are made on the availability of employment opportunities or any other services or products promoted on the Site provided by TPPs, both of which vary depending on a number of factors. The TPP with whom You make a transaction is solely responsible for its services to You.  You further acknowledge and agree that we are not acting as Your agent or broker and are not recommending any particular employment opportunity, service, product, or TPP to You.  Any compensation we may receive is paid by the TPP for advertising services we provide to them. 


5. No Warranties. You understand that the requirements for a particular employment opportunity, service, or product promoted on the Site are made by the individual TPP, and we do not endorse, warrant, or guarantee any employment opportunity, service, or product promoted on the Site by TPPs.




6. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information (“Registration Information”). It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy https://seeknewcareer.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
   

   If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

   We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

   Upon entering requested information, our technology will forward Your information to one of our third party partners, including all our partner firms and affiliates, participating service providers or aggregate of service providers, advertisers, advertising agencies, employers, vendors, sponsors, marketing companies, lookup and reference services, data aggregation companies, other unaffiliated third parties, and any other entities that SeekNewCareer believes in its sole discretion are able to provide its Site users like Yourself with offers and opportunities, (individually, “TPP” or collectively, “TPPs”) who may contact you to engage in a transaction.  This may be done automatically and a new window may appear or the TPP may contact you directly by telephone, email, or mail as set forth below.

   Email Communication. You must provide Your email address when registering to access the Service. We may use Your email address, when necessary, to communicate with You regarding the administration of the Site. Occasionally, You may receive newsletters and updates with information that we deem to be of interest to You. If You wish to opt-out from receiving additional email offers, advertisements and promotions relating to the Site, please email unsubscribe(at)seeknewcareer.com or click the unsubscribe link at the bottom of any emails You receive from SeekNewCareer.

   Please allow 10 days for SeekNewCareer to remove you from any of its mailing lists. Thereafter, You should not receive any further email offers, advertisements and promotions from this Site. However you may still receive promotional communications from our TPPs with whom we have shared Your information. To stop receiving further communications from these TPPs, You will need to contact them directly in order to opt-out. Please note that after we process Your request to opt-out from receiving additional email offers, advertisements and promotions from this Site, we will no longer make Your information available to our TPPs relating to this Site.

   Waiver of the Do Not Call Registry.  In order to provide You the Service, You are expressly giving Your permission to provide any information collected on this Site to our TPPs.  As such, You are expressly giving Your permission to such TPPs to contact You by mail, email, text messaging or telephone.  By registering and using this Site, You agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that Your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call) list, You have authorized us to contact You via telemarketing in accordance with the ATSR.  Moreover, by registering with, or requesting information from, a third-party advertiser through the Site or other advertisement media made available by us (e.g., email marketing), You agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and You may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR.  If, at any time, You do not wish to be bound by these conditions or You are unsatisfied with the Site, its content or other legal notices, You agree that Your sole and exclusive remedy is to discontinue using this Site.

7. User Representations. You represent, warrant and agree that:


1. You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Site in accordance with these Terms of Service and Privacy Policy, and, if You are using the Service on behalf of a company, You further represent and warrant that You are authorized to act and enter into contracts on behalf of that company;


2. Your Registration Information and any other information submitted by You to the Site is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited);


3. We will share the information You enter on our Site with our TPPs;


4. Abuse of this Site may result in Your being denied access to such Site, as determined by SeekNewCareer in our sole discretion;


5. You understand and agree that we control only the landing page and intake forms on this Site.  After You have registered, a participating service provider will be contacting You directly to provide You with information regarding their employment opportunities.  We are not responsible for any TPPs who contact You and any subsequent agreement You may enter into with such TPPs is at Your own risk;


6. Your use of the Site and Service is subject to all applicable federal, state and local laws and regulations; and


7. You give us permission to send You periodic updates of services, products, offers, and opportunities which may be of interest to You through email, mail, or telemarketing.


8. You will not (i) license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Service; or (ii) modify or make derivative works based upon the Site or Service; or (iii) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; or (iv) access or make use of the Service and Site by scripts or automated services; or (v) impersonate any person or use a name that You are not authorized to use; or (vi) compromise violate or impair system or network security or operation.




8. Disclaimer of Warranties. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


9. The Company does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. SeekNewCareer does not warrant or make any representations or conditions of any kind regarding the use or the results of the use of the materials, information, software, facilities, services, or other content on the Site (or any Sites linked to the Site). SeekNewCareer and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or other content on the Site (or any Sites linked to the Site). Your use of this Site is at your own risk. The entire risk as to the quality and performance of the Site and its materials, information, software, facilities, services or other content is borne by you and not SeekNewCareer. Should the Site or any of its materials, information, software, facilities, services or other content prove defective, inaccurate, or somehow cause any damage or inconvenience to you or your computer, you and not SeekNewCareer agree to assume the entire cost of any and all resulting damages. You acknowledge that this disclaimer of warranty constitutes an essential part of these Terms.


10. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OBTAINED THROUGH OUR SITE.


11. Intellectual Property Rights. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:


1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.


2. You may store files that are automatically cached by your Web browser for display enhancement purposes


3. You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.


4. If We provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.


5. If We provide social media features with certain content, you may take such actions as are enabled by such features.


6. You must not modify copies of any materials from this site, or Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
7. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.


8. Trademarks. The Company name, terms, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.


9. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:


1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).


2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.


3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).


4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.


5. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.


6. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.


7. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.


8. Use any device, software, or routine that interferes with the proper working of the Site.


9. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.


10. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.


11. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.


12. Otherwise attempt to interfere with the proper working of the Site.


12. You acknowledge and agree that SeekNewCareer is the owner or licensee of all rights in this Site and its contents, software, databases and services unless otherwise stated. The materials contained in this Site are protected by the copyright and trademark laws and other laws of the United States and other jurisdictions. No user of this Site has any right, title, or interest in such contents, software, databases or services not previously expressly granted in writing to such user by Us or by any licensor. No materials from this Site may be published, uploaded, downloaded, transmitted, posted, copied, reproduced, distributed or republished except with (i)SeekNewCareer’s express written permission, (ii) in accordance with a license granted by SeekNewCareer, (iii) by the terms of a contract entered into by SeekNewCareer, or (iv) as permitted by applicable law.


13. Data Collection. SeekNewCareer will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by You as well as any non-personally identifiable data, such as Your demographic information, behavioral information, indirect information and Web Technology Information (described more fully in the Privacy Policy), or information resulting from Your use of the Service. To the extent that any non-personally identifiable information is collected by SeekNewCareer, such information will be solely owned by SeekNewCareer and may be used by SeekNewCareer for any lawful business purpose without a duty of accounting to You.
    
    You may be required to provide Your personal information to access or use certain parts of our Website or features of the Website. If You do not provide the requested personal information, you may not be able to access or use the features of the Website where such information is requested. We may ask You for personal information that we or certain of our TPPs consider necessary for performing a preliminary evaluation of Your qualifications to receive applicable products and/or services. We may also use Your personal information to obtain additional information about You such as Your credit score and/or Your credit report to improve our matching service for You. In addition, we may collect certain information regarding the number and type of products and/or services You have responded to and completed.


14. Disclaimer Regarding Third-Party Sites. This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. You acknowledge and understand that these other sites are not under the control of the Company, and that the Company is not responsible for the accuracy of job postings or candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Company or any association with its operators. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against the Company or its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns with respect to such sites. The Company strongly encourages you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with third parties.


15. Release. If you have a dispute with one or more users (including potential employers and TPPs), you release the Company and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, assigns, and licensees from claims, demands, liabilities, costs, expenses, and damages of every kind and nature—actual and consequential, known and unknown—that arise out of or in any way relate to or are connected with such disputes, the Site, or these Terms. This release is deliberately broad in scope to include any and all disputes arising out of this Site, including, without limitation, the Company’s use or disclosure of content and information you provide to the Site. To the extent permitted by applicable law, in entering this release you expressly and knowingly waive any and all protections (whether statutory or otherwise) that would otherwise limit the coverage or scope of this release in some manner.


16. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Service, your use of any information obtained from the Site or the Company’s use of content you submit to this Site. Your indemnity obligations cover damages resulting from loss revenue, loss of property, fines, attorneys’ fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizures, forfeitures, and injunctions.


17. Privacy. Our Privacy Policy, https://seeknewcareer.com/privacy, governs the processing of personal data collected from you in connection with your use of the Site.


18. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.


19. Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the venue of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


20. No Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.


21. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.


22. Class Action Waiver; Arbitration. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
    
    In the event of any controversy between the parties, including but not limited to any claims, dispute, suite, demand, cross claim, counterclaim, or third-party complaint (where statutory, in tort, or otherwise) arising out of or relating to this agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration.
    
    This arbitration is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Any and all arbitration under this Agreement shall be conducted in Miami-Dade County, Florida.
    
    THE PARTIES AGREE THAT ARBITRATION SHALL BE before a single arbitrator on an individual basis and not as a class or mass action. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims.
    The Arbitration shall be administered by the American Arbitration Association (“AAA”) will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.)
    
    The Federal Arbitration Act will govern the interpretation and enforcement of this section, and according to the arbitration service’s fee schedule and the service’s current applicable rules and procedures EXCEPT: 1) that the parties expressly waive the applicability of any rule governing class or mass action; and 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law.
    
    The arbitrator’s award shall be final and binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties.
    
    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    
    EACH PARTY SHALL BE EQUALLY RESPONSIBLE FOR PAYING ANY ARBITRATION/ARBITRATOR FEES, AND EACH PARTY EXPRESSLY AGREES THAT FAILURE TO PAY ANY SHARE OF THE ARBITRATION FEE SHALL RESULT IN A DEFAULT AGAINST THE PARTY FAILING TO PAY.
    
    If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
    
    BINDING ARBITRATION MEANS: (1) THAT BOTH PARTIES GIVE UP THE RIGHT TO A TRIAL BY JURY; (2) THAT BOTH PARTIES GIVE UP THE RIGHT TO APPEAL FROM THE ARBITRATOR’S RULING EXCEPT FOR A NARROW RANGE OF APPEALABLE ISSUES EXPRESSLY PROVIDED FOR IN 9 U.S.C. § 16; AND (3) THAT DISCOVERY MAY BE SEVERELY LIMITED BY THE ARBITRATOR, AND SHOULD THE ARBITRATOR DECIDE TO ALLOW FULL DISCOVERY, THE ARBITRATOR MAY NOT EXCEED DISCOVERY LIMITATIONS SET FORTH BY THE FEDERAL RULES OF CIVIL PROCEDURE.
    
23. Electronic Communication Consent; Prior Express Written Consent. You consent to do business electronically with the Company. You understand that electronic transactions, not limited to emails, are inherently unsecure and that both the Us and You will take all reasonable steps to maintain the privacy of the information shared between the parties. You consent to receive information and documents relating to this Agreement as well as the Our services and products via electronic mail, text message, facsimile, voicemail, and any other common electronic means. You understand that all costs associated with the receipt, review and use of such electronic communications shall be Your responsibility, such as maintaining access to the Internet or paying for text messages. You consent to receive updates and documents relating your order(s), this Agreement and any other services and programs offered by Us via prerecorded voice messages, text/SMS messages, and/or through the use of an automated dialing system to the cellular or other telephone numbers provided by You. You may contact the Us at any time to opt-out of receiving updates, new programs or offers through prerecorded or autodialed messages. Consent to this section does not bind me to any future purchases of new services or offers.


24. Notices.


1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.


2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to legal @ seeknewcareer.com. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately.


25. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.


26. Entire Agreement. Our Site Terms and Conditions and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.


27. Reservation of Rights. SeekNewCareer reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and any software, facilities and services on this Site, with or without notice. SeekNewCareer also reserves the right to modify, change, establish, and implement general guidelines and limitations regarding use of this Site and any software, facilities or services of this Site. SeekNewCareer further reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mail you make or send to SeekNewCareer, the Site, or any user of the Site. SeekNewCareer may seek to gather information from the Site subscriber or visitor who is suspected of violating these Terms, and from any other user. SeekNewCareer may suspend any subscribers whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If SeekNewCareer believes, in its sole discretion, that a violation of these Terms has occurred, it may remove the material permanently, cancel postings, warn subscribers, suspend subscribers and passwords, terminate accounts or take other corrective action it deems appropriate. SeekNewCareer will fully cooperate with any law enforcement authorities or court order requesting or directing SeekNewCareer to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF SeekNewCareer FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF EXPERTJOBMATCH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF SeekNewCareer OR LAW ENFORCEMENT AUTHORITIES.