Terms and Conditions

Effective Date: September 12, 2024 

Welcome to the website and online services of JOBS IN ABA (“JOBS IN ABA,” “we,” or “us”). This  Terms of Use Agreement (this “Agreement”) is a legal contract between JOBS IN ABA and yourself  (referenced herein with “you” or with “your”), which governs your use of and/or access to our Services  (defined below). 

This Agreement applies to all persons and entities who visit, use or access any of the Services (“Users”).  By accessing or using the Services, you signify that you have read, understood and agree to be bound by  the terms and conditions of this Agreement, whether or not you are a registered user, partner, or customer  

of the Services. If you are accepting on behalf of your employer or another entity, you represent and  warrant that you have full legal authority to enter into this Agreement on behalf of such employer or other  entity and are able to bind such employer or other entity to the terms and conditions of this Agreement.  

We reserve the right to amend this Agreement (including the Privacy Policy and any Specific Terms of  Service) at any time by notifying you as provided in this Agreement. Your continued use of the Services  after any such change constitutes your acceptance of the revised Terms of Use. If you do not agree to any  of these terms of this Agreement, you are not permitted to use or access (or continue to access), the  Services. 

Certain features of the Services may also have their own specific terms and conditions that you agree to  when you sign up for that particular product, function, or service (“Specific Terms of Service”). 

Which Services are Covered by this Agreement? 

This Agreement applies to your interactions with JOBS IN ABA through the following mechanisms,  which are collectively referred to as the “Services”: 

• On JOBS IN ABA Website or through a JOBS IN ABA mobile application. 

• Through email, SMS, chat or other online communications between you and JOBS IN ABA. 

• When you sign up for JOBS IN ABA job alerts on a third-party website where JOBS IN ABA is a  co-controller with the website operator insofar as it concerns the registration for job alerts and/or  a JOBS IN ABA job seeker account. 

• When you interact with a JOBS IN ABA job search widget and/or banner and/or link contained in  Job Opportunitys that are located on a third-party website, where the third parties have hired  JOBS IN ABA to provide services to the third party and your interaction brings you to a JOBS IN  ABA Website. 

Types of Users: 

• The word “you” as used in these Specific Terms of Service will apply to visitors who browse the  JOBS IN ABA website and individuals who access and use the Services on their own behalf  and/or on behalf of an entity.

• Users that use the Services to search for prospective employees, view resumes, profiles, or  curriculum vitae, and/or post and/or distribute job openings (“Job Opportunitys”), on behalf of  themselves and/or a third party are also referred to in this Agreement as a “Client”. If you use JOBS IN ABA on behalf of an employer, organization, agency, institution, or other  entity, then (a) “you” includes both you and that entity, and (b) you represent and warrant that you  are an authorized representative of the entity with the authority to bind the entity to this  Agreement, and that you agree to this Agreement on the entity’s behalf. 

• If you use the Services to register for job alerts by text and/or email or any other method made  available to you, or to upload your resumé or CV, or to search for or apply to Job Opportunitys,  we refer to you as, a “Job Seeker”. 

USE OF THE SERVICES 

By using the Services, you acknowledge that we do not have control over the quality, accuracy,  completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that  we do not have control over the integrity, responsibility or actions of Job Seekers or Clients. 

Eligibility 

You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you  reside to use the Services, so that you can form a binding contract with JOBS IN ABA. If you are under  the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which  you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on  your behalf. You may not use the Services if your use of the Services has been previously terminated or  suspended by JOBS IN ABA, unless we have provided you with specific written authorization to re-use  the Services. 

By using the Services, you expressly acknowledge, agree and request that this document, and all  documents used or signed between JOBS IN ABA and yourself, be expressed in the English language 

Contact with You by Telephone or SMS 

When using specific Services, we may ask for your consent to contact you by telephone, including by  SMS. By granting such consent, you authorize JOBS IN ABA to contact you by telephone at the  number(s) you have provided, and acknowledge that JOBS IN ABA may do so using an automatic  telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the  jurisdiction where you reside). 

You may revoke consent to be contacted by telephone by emailing support@jobsinaba.com and including  the wording “Revocation of Telephone Consent” in the subject line. To stop receiving SMS messages  from JOBS IN ABA, you may reply “STOP” to any SMS message you receive. Consent to being  contacted by telephone is not required as a condition of using the Services or of purchasing any other  property, goods, or services from JOBS IN ABA. 

You agree that we may, but are not obligated to, monitor or record any of your telephone conversations  with us for quality control purposes, for training our employees and for our own protection. You 

acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that  recordings of any particular telephone calls will be retained or are capable of being retrieved. 

Contact with You by Email 

By providing JOBS IN ABA your email address, you consent to our using the email address to send you  Service-related and other non-commercial notices, including any notices required by law, in lieu of  communication by postal mail. We may also use your email address to send you other messages, such as  changes to features of the Service and special offers (to the extent permitted by the laws of the jurisdiction  where you reside). If you have consented to receive email job alerts or marketing communications from  us, we will send you such communications until you opt-out. If you do not want to receive job alert  emails and/or marketing communications from us, you may opt-out or change your preferences in your  Account page or by following the opt-out and/or unsubscribe instructions in the email message, or by  requesting to be opted-out by emailing: support@jobsinaba.com. Please note that opting out may prevent  you from receiving email messages regarding updates, improvements, or offers. 

Please note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of  service-related communications, including those related to security, legal notices, your account, your use  of our Services, billing, and other transactional purposes unless you deactivate your account and stop  using our Services. 

User Accounts 

The information in this section applies to all User accounts. If you sign up and/or create an account with  JOBS IN ABA, you may control your profile information and how you interact with the Services by  changing the settings on your Settings page. When creating your account or uploading information to the  Services through your account, you represent and warrant that you will provide accurate and complete  information. You are solely responsible for the activity that occurs under your account. You are expected  to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and  symbols) with your account. 

You must exercise 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 Data. You understand and agree that your  account is personal to you and you agree not to provide any other person with access to the Services 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  understand that even if you notify us, you will be totally responsible for all activities that occur under  your account. You also agree to ensure that you logout from your account at the end of each session. You  are responsible for any password misuse or any unauthorized access. 

We reserve the right at any time and from time to time, to disable or terminate your account, any  username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion  for any or no reason, including any violation of any provision of these Terms of Use. 

By connecting to the Services using a third-party service, you give us permission to access and use your  information from that service as permitted by that service, and to store your log-in credentials for that  service. For example, if you access the Services through a social networking site, you agree that JOBS IN 

ABA can access, store, and make available on the Services, any information and data that you provide in  your applicable social networking site account such that the same information is available in your JOBS  IN ABA account. You agree that we are not liable for any Personal Data that is made available to us in  violation of your privacy settings with the applicable social networking site. 

JOBS IN ABA may suspend or terminate your account and/or your access to the Services, or any portion  of the Services at any time without notice to you, for any reason, including if in our sole discretion we  determine that you have violated the terms of this Agreement. Upon any such termination, all the  provisions of this Agreement shall continue to survive except for any provisions that grant you access to  any of the Services. You agree that we will have no liability to you for any termination or suspension of  your access to the Services or your account, or the deletion of information contained within such account. 

General Rules for Use of Services 

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or  disclosing any part of the Services in any medium, including without limitation by any automated or non automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,”  “offline readers,” etc., to access the Services in a manner that sends more request messages to the JOBS  IN ABA servers than a human can reasonably produce in the same period of time by using a conventional  on-line web browser (except that JOBS IN ABA grants the operators of public search engines revocable  permission to use spiders to copy materials from JOBS IN ABA.com for the sole purpose of, and solely to  the extent necessary for, creating publicly available searchable indices of the materials, but not caches or  archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications;  (iv) attempting to interfere with, compromise the system integrity or security or decipher any  transmissions to or from the servers running the Services; (v) taking any action that imposes, or may  impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our  infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services;  (vii) collecting or harvesting any personally identifiable information from the Services, except as  expressly permitted by certain features of the Services; (viii) using the Services for any commercial  solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with  a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the  proper working of the Services; (xi) accessing any content on the Services through any technology or  means other than those provided or authorized by the Services; (xii) bypassing the measures we may use  to prevent or restrict access to the Services, including without limitation, features that prevent or restrict  use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii)  disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services;  (xv) frame or link to any information or content on the Services; (xvi) post or submit any inaccurate,  incomplete, or false biographical information or another person’s information; or (xvi) post or submit any  material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as  determined by JOBS IN ABA. 

We may, without prior notice, change any aspect of the Services; stop providing the Services or features  of the Services; or create usage limits for the Services (for paid products and services). If any such  change, cessation or limitation of the Services materially and adversely affects you, then you may  terminate the Services on written notice to us. In the event of such termination, you will receive a pro-rata  refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the 

applicable term of your then-current subscription plan. We may permanently or temporarily limit,  condition, terminate or suspend your access to the Services or any features thereof, including if in our sole  determination (acting reasonably) you breach or violate any provision of this Agreement, commit fraud or  other abuse using the Services. 

You are solely responsible for your interactions with other JOBS IN ABA Users. We reserve the right, but  have no obligation, to monitor disputes between you and other Users. JOBS IN ABA shall have no  liability for your interactions with other Users, or for any User’s action or inaction. JOBS IN ABA shall  have no obligation to you to enforce this Agreement against any other User. 

USER CONTENT AND USERS 

Posting or Viewing User Content 

The Services may allow Users to post and/or provide content that may be viewable by other Users,  including, but not limited to, Job Opportunitys, screening requirements, screening questions, screening  criteria, company information, a job seeker’s application information, content of messages, resumes/CVs,  logos, trademarks, comments, questions, and other content or information (“User Content”). 

User Content is the sole responsibility of the person or entity that provided the User Content. You shall be  solely responsible for your User Content and the consequences of posting, providing or publishing it. 

Prohibited Types of User Content 

The following list is intended to be illustrative of the types of User Content that are prohibited, but this is  not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to  any person or property; (ii) provides instructional information about illegal activities; (iii) involves the  transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides  links to material that is illegal or offensive, or targets or solicits Personal Data from anyone under the age  of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or  ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing,  humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise  objectionable; (vi) contains any information or content that is illegal (including, without limitation, the  disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains  any information or content that you do not have a right to make available under any law or under  contractual or fiduciary relationships; (viii) contains any information or content that is false, misleading,  or otherwise deceptive; or (ix) violates the Intellectual Property Rights (as defined below) or rights of  privacy of any third party. For the purposes of this Agreement, “Intellectual Property Rights” means  patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress  and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now  exist or hereafter come into existence, and all applications therefore and registrations, renewals and  extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client  providing or submitting Job Opportunitys, you further agree that such content will not contain any  personally identifiable information. 

No Warranties or Obligations

You agree that JOBS IN ABA makes no representations, warranties, promises or guarantees regarding any  content provided or generated by third parties, including, without limitation, the content of messages, Job  Opportunitys and resumés. You further agree that JOBS IN ABA acts as a passive conduit for the  distribution, provision, and publication of User Content, and has no obligation to screen or verify the  accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept  that JOBS IN ABA is not responsible and has no liability for User Content. You understand that you may  be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes  spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the  quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation,  resumes/CVs and Job Opportunitys and content of messages. Your reliance on any User Content is at your  own risk. 

Notwithstanding the foregoing, although JOBS IN ABA has no obligation to screen User Content, to the  extent that JOBS IN ABA becomes or is made aware of User Content that may or does (i) violate the  terms of this Agreement or any other Agreement you have with JOBS IN ABA, or (ii) violate any law or  regulation, or (iii) violate the rights of third parties, or (iv) create liability for JOBS IN ABA or otherwise  negatively impact JOBS IN ABA, JOBS IN ABA reserves the right to reject and/or remove such User  Content, and suspend and/or terminate any User Account associated with such User Content. 

User Content and the U.S. Communications Decency Act 

Please note Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or  similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers  such as JOBS IN ABA, when such online service providers provide or make available access to third party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive  computer service shall be treated as the publisher or speaker of any information provided by another  information content provider). 

The decision by JOBS IN ABA to remove or not post or distribute any User Content, does not by itself  amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver  of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: “No  provider or user of an interactive computer service shall be held liable on account of (A) any action  voluntarily taken in good faith to restrict access to or availability of material that the provider or user  considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable  whether or not such material is constitutionally protected…” 

User Interactions and Assumption of Risk 

You understand and agree that JOBS IN ABA does not, and cannot, confirm that each User is who  he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your  responsibility to conduct the appropriate due diligence before communicating or interacting with other  Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You  assume all risks associated with Users with whom you come into contact. If you have any disputes or  issues with any User you agree to pursue any remedies directly with the applicable User and you release  JOBS IN ABA, its subsidiaries, and their respective employees, directors and agents from all claims,  demands and damages of every kind (actual and consequential and direct and indirect) known and  unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

Content Disclosure 

JOBS IN ABA reserves the right to disclose User Content and any information related to the provider of  such User Content, to third parties in connection with the operation and provision of the Services, to  enforce the terms of any agreement that we have with you, to comply with legal obligations and requests  from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the  interests of JOBS IN ABA where necessary. For the avoidance of doubt, you agree that we have the right  to disclose your identity to a third party who is claiming that any User Content you posted, provided or  uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their  intellectual property or ownership rights, or of their right to privacy. 

USER CONTENT LICENSE GRANT 

By posting, submitting, providing and/or otherwise making available any User Content, you expressly  grant, and represent that you have a right to grant, to JOBS IN ABA, a royalty-free, sublicensable  (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use,  sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works  from and otherwise exploit, all such User Content in whole or in part, and in any form, media or  technology, whether now known or hereafter developed, for the purposes of posting such User Content on  the JOBS IN ABA websites, distributing such User Content through the JOBS IN ABA distribution and  publishing network and in job alerts to job seekers, and to promote JOBS IN ABA and the Services. This  license continues even if you stop using the Services. 

If you are a Client, you acknowledge and agree that JOBS IN ABA has no obligation, and may be unable,  to remove your Job Opportunitys and other content (including any logos and/or trademarks contained  therein) once they have been (i) distributed via the JOBS IN ABA distribution and publisher network, (ii)  listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or  (iv) incorporated into fixed media displays of JOBS IN ABA or any third party, and in each case (i) to (iv)  above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent  your User Content is a trademark, trade name, service mark or service name protected by law, the  foregoing license also extends to the use by JOBS IN ABA to identify you as a User of the Services in any  promotional and marketing materials to promote JOBS IN ABA and the Services. Further, to the extent  you have given JOBS IN ABA the right to access certain User Content that is present on another website  or service you own or control, you give JOBS IN ABA the right to scrape such website as required to  retrieve such User Content for use on the Services as contemplated in the license grants above,  notwithstanding any prohibition on scraping set forth in the terms of use or other contractual terms  governing such website. 

Furthermore, when you authorize JOBS IN ABA to send automated personalized invitations or other User  Content to candidates on your behalf, you grant JOBS IN ABA a license to use your name, likeness, and  company information in such communications. 

You represent and warrant that you have the rights, power and authority necessary to grant the rights  described in this section to User Content that you submit, provide, make available or post, via the  Services, that the use by JOBS IN ABA of your User Content will not violate any law or infringe the  rights of any third party, and that your User Content and any other information that you provide to us is  legal, complete, legitimate, truthful and accurate.

MOBILE SOFTWARE 

We may make available software to access the Services via a mobile or tablet device (“Mobile  Software”). To use the Mobile Software, you must have a mobile device that is compatible with the  Mobile Service. JOBS IN ABA does not warrant that the Mobile Software will be compatible with your  mobile device. JOBS IN ABA hereby grants you a non-exclusive, non-transferable, revocable license to  use a compiled code copy of the Mobile Software for one JOBS IN ABA account on mobile devices  owned or leased solely by you, for your personal use. You may not : (i) modify, disassemble, decompile  or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited  by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any  third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii)  make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere  with security-related features of the Mobile Software, features that prevent or restrict use or copying of  any content accessible through the Mobile Software, or features that enforce limitations on use of the  Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.  You acknowledge that JOBS IN ABA may from time to time issue upgraded versions of the Mobile  Software, and may automatically electronically upgrade the version of the Mobile Software that you are  using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree  that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that  may be incorporated in the Mobile Software is covered by the applicable open source or third-party  license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile  Software or any copy thereof, and JOBS IN ABA or its third-party partners or suppliers retain all right,  title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the  rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. JOBS  IN ABA reserves all rights not expressly granted under this Agreement. 

If the Mobile Software is being acquired on behalf of the United States Government, then the following  provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is  subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202- 3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR  52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to  United States export laws and regulations. The Mobile Software may not be exported or re-exported to  certain countries or those persons or entities prohibited from receiving exports from the United States. In  addition, the Mobile Software may be subject to the import and export laws of other countries. You agree  to comply with all applicable laws related to use of the Mobile Software and the Services. 

OUR PROPRIETARY RIGHTS 

This Agreement provides only a limited license to access and use the Services in accordance with the  terms of this Agreement. Accordingly, you hereby agree that JOBS IN ABA transfers no ownership or  intellectual property interest or title in and to the Services or any materials used in connection with the  Services, including, without limitation, software, (including source code), programs, products,  information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos,  patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content  (the, “JOBS IN ABA Content”). All such JOBS IN ABA Content as well as the design, structure,  selection, coordination, expression, “look and feel,” and arrangement of any content contained on or 

available through the Services (except for Feedback) are exclusively owned, controlled, and/or licensed  by JOBS IN ABA or its members, parent(s) licensors, or affiliates. JOBS IN ABA, the JOBS IN ABA logo, and all other marks are proprietary trademarks of JOBS IN ABA and any use of such marks,  including, without limitation, as domain names, account identifiers, or in connection with any search  engine optimization practice(s), without the prior written permission of JOBS IN ABA is hereby strictly  prohibited. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a  license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify,  distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create  derivative works from any materials or content accessible on the Services. Use of the JOBS IN ABA Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly  prohibited. 

If you participate in any evaluation regarding the Services or otherwise provide JOBS IN ABA suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement,  or enhancement of the Services, or other feedback regarding the Services (collectively, “Feedback”).  Such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable,  sublicensable, and non-exclusive right and license for JOBS IN ABA to adopt, publish, reproduce,  disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part)  worldwide, or act on any such Feedback without additional approval or consideration in any form, media,  or technology now known or later developed for the full term of any rights that may exist in such content,  and you hereby waive any claim to the contrary. To the extent permitted by applicable law, you waive any  moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights, in your  Feedback. You agree not to provide any Feedback that is false or misleading or that breaches any  agreement you have with a third party. 

FREE TRIALS AND PAID SERVICES FOR CLIENTS 

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND  JOBS IN ABA, THE FOLLOWING TERMS WILL APPLY TO CLIENTS USING PAID  SERVICES. 

Billing Policies 

Certain aspects of the Services may be provided for a fee. If you are a Client and elect to use a paid  feature of the Services, you agree to the pricing and payment terms for the applicable Services, as we may  update them from time to time. Any recurring charges are billed in advance of service. JOBS IN ABA may (1) add new services and products for additional fees and charges, at any time in its sole discretion,  or (2) amend fees and charges for existing services, at any time in its sole discretion upon notice.  Cancellation requests should be made in accordance with Section 6(E)(iv) below. 

We may also provide certain products or services via our third-party partners and you agree that your use  of such third-party products or services is subject to the contractual (including payment) terms presented  by such third parties should you wish to use their services. You further agree that JOBS IN ABA has no  responsibility for such third-party services and your use of such services is entirely at your own risk. Any  change to the fees for paid services shall become effective in the billing cycle following notice of such  change to you.

If you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice  and submit written notice of your dispute (with sufficient detail of the nature of the dispute, the amount  and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed  amount. All disputes must be submitted to JOBS IN ABA in writing within thirty (30) days from the date  of the invoice with respect to which you have a dispute. You waive the right to dispute any charges not  disputed within such thirty (30) day period. In the event that the dispute is resolved against you, you shall  pay such amounts plus interest at the rate referenced in Section 6(C) below. 

No Refunds for Paid Services 

You may cancel your subscription to paid services at any time, and you accept that you will not receive a  refund of pre-paid fees for such cancellation, except where otherwise set out in this Agreement. In the  event that JOBS IN ABA suspends, limits, conditions, or terminates your access to the Services and/or  your account due to your material breach of this Agreement or any other agreement that you have with  JOBS IN ABA, you understand and accept that you will not receive a refund for any unused time with  respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you  have not paid the applicable fees, you will remain liable to pay JOBS IN ABA the entire fees due for the  subscription, product or service, as applicable. 

Payment Information; Taxes; Delinquent Payments 

If you are a Client, you authorize JOBS IN ABA to provide any Authorized User associated with your  account, or such other persons as you may hereafter specify in writing, access to view, change, and  inquire, about bank, payment, tax or other information relating to your business relationship with JOBS  IN ABA. 

All information that you provide in connection with a monetary transaction must be accurate, complete,  and current. You agree to pay all charges incurred by users of your credit card, debit card, or other  payment method used in connection with a purchase or transaction at the prices in effect when such  charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time  JOBS IN ABA is required by a taxing authority to pay any taxes not previously collected from you, you  will promptly submit such taxes (including applicable penalties and interest, if any) to JOBS IN ABA upon written notice. 

If you elect to add additional paid services or products to your selected subscription or upgrade your  subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or  debit card (or other payment method) accordingly. 

Delinquent payments may bear interest at the rate of one-and-one-half percent per month (eighteen  percent per annum) or the highest rate permitted by law, if less, from the payment due date until paid in  full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by  JOBS IN ABA in collecting delinquent amounts, except where the delinquent amounts are due to billing  inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i)  immediately suspend or terminate your access to the applicable Services without notice, and in the event  of any such suspension or termination, you will remain responsible for the entire amount of fees owing  for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. 

Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even  if you don’t use the subscribed Services. 

Credit and Debit Cards 

In the event that you pay for any Services using a credit card or debit card, you authorize JOBS IN ABA to charge your credit or debit card (or other acceptable payment method that you have chosen from those  offered) (“Payment Method”), for the applicable fees for the duration of the applicable term of your  selected subscription plan or other paid service or product, together with any applicable sales, use, excise,  goods and services tax (GST), consumption or other similar tax applicable to the Services. You represent  that you are authorized to use the Payment Method on your company’s behalf, and you agree to accept an  electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due,  you agree that JOBS IN ABA may suspend or terminate your access to the applicable Services and that  you will continue to remain liable for the full payment for such Services even after your access to the  Services has been terminated or suspended. By providing any Payment Method, you agree that applicable  credit card, debit card and billing information may be shared with third parties such as payment  processors and credit agencies, and/or collection agencies for the purposes of checking your credit,  effecting payment, collecting payments and late fees if applicable, and for providing the applicable  Services to you or in order to enforce our agreement with you. We may also share this information with  law enforcement authorities and in response to subpoenas, court orders, and search warrants. 

Free Trials and Subscription Services (for Clients that have not executed a paper contract) 

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND  JOBS IN ABA, OR BETWEEN YOU AND ONE OF OUR THIRD-PARTY PARTNERS, YOU  ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION TO THE PAID SERVICES  WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR  TERMINATE IT IN ACCORDANCE WITH THESE TERMS. 

Free Trial. If you have been offered a free trial to the job posting Services (“Free Trial”), you may be  required to: (a) select a desired subscription plan (“Subscription Plan”), and (b) provide valid credit  card/debit card and billing information. Your credit/debit card will not be charged until the expiration of  the Free Trial. If you don’t cancel prior to the end of the Free Trial term, we will automatically charge  your debit/credit card for the first 30 days (if you are on a daily or monthly Subscription Plan) or the first  year (if you chose an annual Subscription Plan) or other applicable recurring period depending on the  selected Subscription Plan (“Initial Plan Term”). We will continue to charge your debit/credit card at the  beginning of the applicable renewal period following the Initial Plan Term unless you notify JOBS IN  ABA that you do not wish to renew prior to the end of the Initial Plan Term. 

Subscription Plans and Renewals. Subscription Plans will automatically renew for recurring periods  depending on the duration of your selected Subscription Plan (e.g., every 1 day, 30 days, 3 months, 6  months, annual or other period), and, as authorized by you by agreeing to the automatic renewal of your  Subscription Plan during the sign-up process, unless you notify JOBS IN ABA of any changes or requests  not to renew (i.e., to cancel), prior to the end of the Initial Plan Term (each, a “Renewal Plan Term”) or  each Renewal Plan Term. Cancellation requests should be made in accordance with the instructions  provided on the applicable JOBS IN ABA website. At the time of the automatic renewal, the applicable 

subscription or other fees will be charged to the Payment Method provided and/or associated with your  account, or you will be invoiced for payment. 

Subscription Plan Cancellation. For paid Subscription Plans, you may cancel at any time effective at the  end of the Initial Plan Term or any Renewal Plan Term by emailing us at support@jobsinaba.com , and  one of our representatives will contact you. Make sure you cancel prior to your next billing renewal date  to avoid any unwanted charges. Your account will be cancelled effective on your next billing date. Once  your account is cancelled you will lose access to all content and features under your selected Subscription  Plan. You agree and accept that you will not receive any refund of prepaid fees if you request a  cancellation and that the cancellation request shall become effective at the end of the Initial Plan Term or  Renewal Plan Term in which the cancellation notice is received by JOBS IN ABA. 

Suspension or Termination 

(Suspension or Termination for Cause. JOBS IN ABA may suspend or terminate your access to the  Services and/or this Agreement in the following instances: (I) if you breach this Agreement and cannot  correct the breach within that period required by JOBS IN ABA if the breach is capable of cure; (II)  immediately, if you fail to pay any monies owed to JOBS IN ABA for paid services; (III) immediately if  you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit  of creditors or similar proceeding; (IV) immediately in the event of violations of this Agreement; (V) for  any abuse, inappropriate behavior, or other conduct (including posting inaccurate, false, misleading, or  dishonest Job Opportunitys), which in our sole discretion adversely affects or has the potential to affect  us, our employees or users of our Services; (VI) immediately if you send excessive, disruptive, deceptive,  dishonest, or abusive communications to another User by mail, email, text, phone, or other mode of  communication (as may be determined in JOBS IN ABA’s sole discretion), regardless if such  communication takes place on or off the Services; (VII) immediately if you in any way disclose, transfer,  or sell any Data from the Resume Database (both terms as defined below) or within a User’s resume/CV  or profile to a third party, except as expressly permitted by this Agreement; and/or (VIII) immediately, if  you charge, or attempt to charge, a Job Seeker any money to review or otherwise proceed with the hiring  process after such Job Seeker submits a Job Application on the Services. In the event of any suspension of  your access to the Services and/or termination of this Agreement or any other agreement you have with  JOBS IN ABA (other than a termination for convenience by JOBS IN ABA), you remain responsible for  the entire amount of the fees (pre-paid and/or due) and you will not receive a refund of any pre-paid fees,  for the applicable Services. JOBS IN ABA may also suspend your access to the Services without penalty  and without notice, in the event of a suspected violation of this Agreement. In the event your access to the  Services is terminated for cause in accordance with clauses (V), (VI), (VII), or (VIII) above, you shall  further be prohibited from signing up for or using any other User account, free trial, or paid service on the  Services. 

Suspension or Termination for Convenience. JOBS IN ABA can terminate your access to the Services  and/or this Agreement for convenience via email notification to you and, in the event of such termination  for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to Services that will  not be provided as a result of the termination. 

Your Termination Rights. You may terminate this Agreement if JOBS IN ABA materially breaches this  Agreement and does not cure the breach within ten (10) days after receipt of written notice from you, 

which notice must be emailed to: support@jobsinaba.com . Pre-paid fees are non-refundable, except in  the case of an uncured material breach by JOBS IN ABA (and in the absence of any contributory act  and/or omission to act by you), in which case you will receive a pro-rata refund of any pre-paid fees  pertaining to Services paid for, but not provided, for the balance of the applicable term of your then current Subscription Plan. 

ADDITIONAL TERMS THAT APPLY TO JOB SEEKERS 

As a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs (“Job Applications”),  (iii) receive job alert emails or text messages, where such features are available to you (“Job Alerts”), and (iv) include your resume and other applicable information in a resume database (the, “Resume  Database”). For purposes of this Agreement, references to “resume” or “CV” shall also mean a  curriculum vitae, profile, references, recommendations, and other similar written overviews or  assessments of a person’s experience and qualifications. 

If you have a JOBS IN ABA account, provide your resume/CV to JOBS IN ABA, and/or sign up for Job  Alerts, you agree that we may (A) use the information you provide to send you information about Job  Opportunitys that may be of interest to you; and (B) display or provide your resume/CV and profile  information (to the extent that you have not designated it as private) to an employer or recruiter who may  be interested in candidates like you. 

To the extent that you wish us to share your information and resume/CV with potential employers,  recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume  Database or because you have applied to a Job Opportunity on a JOBS IN ABA website), you consent to  our sharing your resume/CV, together with any additional information you provide to us during the  application process. This means that you give us a perpetual, irrevocable, non-exclusive, royalty-free,  worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your  resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV  and additional information as we reasonably require to fulfil the services we provide to you. 

Job Applications in General 

By applying to a Job Opportunity on the Services, you give us permission to store your information on the  Services and to share your information (including your resume/CV), with the entity that posted the Job  Opportunity. 

You can choose how to submit your Job Application using the options offered through the Services. If you  elect to apply through a third-party account, such as Facebook or LinkedIn.com, you will be asked to log in to the applicable account, and the profile, resume and other information that you have provided as part  of any of those accounts will then be provided to the entity that posted the applicable Job Opportunity. 

Once you submit a Job Application, your resume and other applicable information will be shared with the  entity that posted the Job Opportunity as long as any parameters selected by that entity are met, where  applicable. You should therefore ensure that the information you provide is complete and accurate, and  only contains information that you are comfortable sharing. 

If you ask JOBS IN ABA to submit a message to any employer or third party or if you apply for a job  using the Services, you accept that JOBS IN ABA does not guarantee that the recipient entity will receive, 

access, view, or respond to your requests or Job Applications, or that the transmission of data will be  error-free. Any screener questions provided by the entity posting a Job Opportunity are entirely in the  control of that entity and if you require alternate screener questions or application process, you must  contact the applicable entity directly. 

Applying to Job Opportunities on JOBS IN ABA 

When you apply to a Job Opportunity on JOBS IN ABA or through the mobile app, if all parameters  selected by the entity that posted the Job Opportunity are met, we will send the resume associated with  your account. 

If you have manually logged out of your account or if you have been automatically logged out of your  account because of inaction or some other reason, we will ask you to input your email so we can verify  your identity before we send the resume associated with your account. Once you receive the verification  email and confirm your identity by following the instructions in the email, we will send out the resume  associated with your account. 

IMPORTANT: It is your responsibility to ensure that the resume associated with your account is always  updated, current and accurate before you apply to a Job Opportunity or opt-in to the Resume Database, so  an employer receives the most up-to-date information about you. In order to delete old resumes, edit your  resume, or upload a new resume, please go to the Profile settings in your User account. 

Additionally, although JOBS IN ABA requests that companies maintain the confidentiality of the Job  Applications and resumes/CVs they receive through the Services, JOBS IN ABA cannot and does not  guarantee that the information you provide will be held in confidence or properly secured by the  applicable recipient. 

Account Creation 

In addition to your ability to manually create a JOBS IN ABA account yourself, a JOBS IN ABA account  will automatically be created for you in the following circumstances, if you don’t already have an  account: 

(a) When you sign up for job alerts with JOBS IN ABA; 

(b) When you apply to a Job Opportunity on the JOBS IN ABA website, using for example, the ‘Apply  Now’; or 

(c) When you ‘verify skills’ for another user. 

When an account is automatically created for you, you will receive an email with your user name (which  is usually your email address) and a link to either confirm your email or set/reset your password. Whether  or not you choose to reset your password, the account will exist under your email address and the resume  

associated with the action you took (e.g., applying for a job, signing-up for job alerts, etc.), will be  connected with that account, unless you choose to delete that account. So, before applying to a Job  Opportunity, please ensure that your resume is up-to-date so that employers receive the most recent  information about you.

If you do not wish to have a JOBS IN ABA account, please contact support@jobsinaba.com or go to your  account settings and delete your account. 

Job Alerts 

You can manually sign up to receive job alerts by email/or SMS. In addition to a manual sign up, if you  apply to Job Opportunities on the JOBS IN ABA website and/or create an account, you may agree to  receive email job alerts based on the type of role you selected. You can sign up for job alerts via SMS in a  number of ways including by entering your telephone number in the Mobile Alerts section of your User  Account. You can edit or change the type of job alerts want to receive by accessing the Job Alerts tab in  your User account. You may opt out of job alerts by clicking on the unsubscribe link in your job alert  email or by following the instructions in your SMS alert. You can also contact support@jobsinaba.com if  you need assistance. 

Resume Database 

JOBS IN ABA has a feature which permits job seekers to include their resume/CV and other profile  information in the Resume Database to be stored on the Service. 

Making Your Profile and Resume/CV Public: If you elect to make your resume/CV ‘public’ in your  Account settings or during your account creation: (i) it will be added it to the Resume Database, (ii) your  resume/CV and profile information (including your Personal Data, to the extent provided in your resume  or profile) will be available to be searched, viewed, or downloaded by any persons or entities that have  access rights to the Resume Database, (iii) your resume/CV will be visible in whole or in part via search  results within the Resume Database, and (iv) your resume/CV and profile information will be visible in  part to Clients with active Job Ads to invite or rate candidates to apply. 

If you add your resume/CV to the Resume Database, then you are: 

• Consenting to JOBS IN ABA matching words, skills, or certifications that are present or implied  in your resume or other application materials to words, skills, or certifications present or implied  in a Job Opportunity or an employer’s or recruiter’s search of terms, and if there are any matches,  to present matching resumes/CVs to the applicable employer or recruiter and to send information  to you about Job Opportunities that may be of interest to you. 

• Acknowledging that we may ‘parse’ the resume and other applicable information into another  format to create a profile view and/or enable searchable text for a Company; the Company will  also be able to see your resume in the form in which you originally submitted it to JOBS IN ABA. 

Keeping Your Profile and Resume/CV Private: If you elect to keep your resume/CV private, it will not  be added to the Resume Database. If you had previously made your profile and resume/CV public, and  wish to opt-out, you may do so at any time by adjusting the settings in the “About Me” page of your  account. If you opt-out, we will remove your resume/CV from the Resume Database and disable visibility  to search results as soon as reasonably practicable. However, if an entity has already accessed your  resume/CV through the Resume Database or search results and copied or saved your resume, that entity  will continue to have access to your resume/CV and all information you included in your resume/CV. 

Interactions with Other Users; Scams; Confidentiality

You are solely responsible for your interactions with Users whom you contact or who contact you. Note:  there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with  strangers, including persons who may be acting under false pretenses. You should therefore use caution  

with regard to the information you elect to share as part of your User Profile or Job Application or  resume/CV that. Only list the contact information that you are comfortable disclosing to Clients and  other Users of the Services. 

In addition to carefully reviewing this, you should conduct your own due diligence on potential  employers and Job Opportunities that may be of interest to you. As mentioned, JOBS IN ABA does not  authenticate Users or guarantee that a Job Opportunity is suitable, legitimate or real. 

Read more below about what you can do to help understand and protect yourself from scams 

If you are concerned about any particular communication you have received from a potential employer  (either because it’s unsolicited or you received the communication in response to your Job Application),  or if you are concerned about any particular Job Opportunity you find on JOBS IN ABA, or if you find a  Job Opportunity that is fake or fraudulent, you should do the following: 

Contact JOBS IN ABA immediately at support@jobsinaba.com and do not respond to the sender of the  communication; and concurrently, 

Conduct your own Internet search of the company and the person who emailed you. 

Many scammers use the names of legitimate companies to defraud job seekers. So, look up the email of  the human resources department and/or recruiting department of the company that is purporting to contact  you about the job, and ask them to verify that the person who contacted you is actually connected with the  company. If the email address of the person contacting you doesn’t include the name of the company in  the domain, that should also alert you to conduct further checks. 

An Internet search may alert you to complaints about the individual and/or the company concerned  because it’s likely that you aren’t the first person that has been ‘scammed’. There may be online forums  that warn people about potentially fraudulent Job Opportunities. 

U.S. job seekers should check whether any complaints were made to organizations such as the Better  Business Bureau or the Federal Trade Commission (“FTC”). The FTC provides recommendations on its  website regarding job scams, including, but not limited to: https://www.consumer.ftc.gov/articles/job scams and https://comparite.ch/avoid-scams. 

If you have already disclosed your bank details or received funds into your account you should contact  your bank immediately to stop any transactions and ask their advice regarding next steps. You should also  file a police report. 

US job seekers should file a complaint with the FTC, their State Attorney General and their local  Consumer Protection Agency. You can find more information  

at:https://www.consumer.ftc.gov/articles/job-scams and https://consumer.ftc.gov/jobs-and-making money/money-making-opportunities-and-investments. 

Remember: if the job or the job offer sounds too good to be true, you need to be extra vigilant and  conduct your own checks before responding to any communication or taking any action.

The following is a non-exhaustive list of red flags that should alert you to check whether a  communication is legitimate and/or whether any particular Job Opportunity is fake or fraudulent  (“Scam”). This list doesn’t cover every scenario; it’s merely intended to highlight factors that tend to be  present with some of the more common Scams. For more information, you should visit the websites listed  above. Be on the alert: 

If you’re offered a job soon after submitting your resume/CV, without having to go through an interview  or other usual hiring process. Usually, when you apply for a vacancy, you expect to wait a few days or  weeks to hear back, and then go through a hiring and interview process. Scams will offer you the job  almost immediately; 

If the ‘employer’ claims that they found your resume/CV on a website and offers you the job (as opposed  to an invitation to apply) immediately; 

If the ‘employer’ sends you a check (to cover your initial salary or buy equipment for example), and asks  you to deposit the check in your bank account and send them a check for some smaller amount. In  addition to contacting JOBS IN ABA, you should take the check and any records of the communication to  your local Police Department and file a police report; 

If the ‘employer’ requires you to spend money on training or materials; 

If the ‘employer’ asks you for personal details and/or financial details that you didn’t include in your  resume/CV. The requested information may be your bank details or your birth date, passport number or  copy of your passport, social security number, etc. This type of information isn’t typically required until  you’ve gone through a hiring process including a formal interview, possibly met the employer in person,  and receive a formal offer letter or contract of employment; 

If the email or other communication from the ‘employer’ contains misspellings, grammatical errors, is  badly written or disjointed, and/or contains exclamation marks and words or sentences in capital letters,  and/or requires you to accept the job offer immediately; 

If the role offered to you is more senior than the one for which you applied or offers a salary that is  substantially more than you would expect for the role you applied to; or 

If a Job Opportunity provides a lot of detail about a role but very little information about the type of  candidate that is desired. 

ADDITIONAL TERMS THAT APPLY TO PROVIDERS OF JOB OPPORTUNITIES 

As a Client, you can use the Services to (i) search for prospective employees or candidates, (ii) view  resumes, profiles, or curriculum vitae, (iii) post and/or distribute Job Opportunities on behalf of yourself  and/or a third party, and/or (iv) connect directly with Job Seekers through Instant Interview or other  features and functions available through the Services. 

Content Rules 

With respect to all Job Opportunities that you submit, make available, provide, post or distribute, whether  on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement,  you represent and warrant that (i) the content of Job Opportunities (whether owned by you or your 

clients), will comply with advertising standards and applicable laws, including, but not limited to,  employment and privacy laws, in your jurisdiction and the jurisdictions in which the vacancies are  located; (ii) you have the necessary rights to permit the publication and use of Job Opportunities by JOBS  IN ABA pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job  Opportunities will not violate any applicable laws or any rights of any third parties, including, but not  limited to, infringement of any copyright, trademark, or other proprietary right, false advertising,  defamation, any other right of any person or entity; (iv) the content of Job Opportunities shall comply  with the then-current versions of this Agreement and Job Posting Rules (referenced below); and (v), you  have the authority to grant permission to JOBS IN ABA to wrap or collect Job Opportunities from  applicable websites if necessary, to include in distributions and any such wrapping will not cause JOBS  IN ABA to violate the rights of any third party. You understand and agree that you are solely responsible  for any liability arising out of publication of Job Opportunities or material to which users can link though  such Job Opportunities. You agree to indemnify and hold JOBS IN ABA and its subsidiaries, and their  respective officers, directors, employees, and agents harmless from and against any and all claims, costs,  damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in  connection with Job Opportunities provided by you or any other content provided by you, or your breach  of this Agreement. 

You agree not to post or promote any Job Opportunity that: (i) contain inaccurate, false, or misleading  information; (ii) contain “hidden” keywords or keywords that are irrelevant to the job opportunity being  presented; (iii) sell, promote or advertise products or services; (iv) endorse a particular political party,  political agenda, or political position or promote a particular religion; (v) advertise job openings located  in countries subject to economic sanctions of the United States or Canadian governments, except where  permitted by applicable law; (vi) require the applicant to provide information relating to his/her (a) racial  or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or  mental health, (f) sexual life, (g) the commission of criminal offences or proceedings, or (h) age; (vii)  contain content or links to content that exploit people in a sexual, violent or other manner, or solicits  Personal Data from anyone under the age of 13; (viii) includes any screening requirement or criteria  where such requirement or criteria is not a bona fide occupational requirement for the role; (ix) involves  any franchise, pyramid scheme, “club membership”, distributorship, or multi-level marketing opportunity  or requires recruitment of other members, sub-distributors or sub-agents; (x) requires applicants to pay to  apply, pay for training, pay for training materials, or pay for samples; (xi) contain content that violates  applicable laws; (xii) pays commissions only (except for postings that make clear that the available job  pays commission only and clearly describes the product or service that the Job Seeker would be selling, in  which case such Job Opportunities are permissible); (xiii) requires citizenship or lawful permanent  residence in a country, unless that is required in order to comply with law, regulation, or a federal, state or  local government contract; (xiv) contain links to any site competitive with JOBS IN ABA other than to an  actual job posting; or (xv) do not otherwise comply with the then-current Job Posting Rules (currently  available on the website), (collectively, “Job Posting Rules”). 

Additionally, Job Opportunities must comply with applicable local, national and international laws, and  regulations including, but not limited to, those relating to labor and employment, and anti-discrimination  (or the equivalent in the country that the Job Opportunities are made available, posted or distributed).

REPORTING VIOLATIONS OF THE CONTENT RULES: If you believe that any content on our  Websites, violate the Content Rules, please contact us at support@jobsinaba.com and state the following  in the subject-line of your email: Violation of Content Rules. For content that allegedly violates your  copyright. 

Publication and Distribution of Job Opportunities 

By submitting Job Opportunities to JOBS IN ABA (whether or not during a Free Trial), you agree that  JOBS IN ABA is under no obligation to accept, publish, or distribute your Job Opportunities. JOBS IN  ABA may require some Job Opportunities and/or Clients to be reviewed and/or verified to prevent fraud  or abuse of the Services, improve our Services, or for any other reason in JOBS IN ABA’s sole discretion.  In addition, JOBS IN ABA may publicly disclose the number of Job Opportunities that you have posted  during any time period of measurement. 

JOBS IN ABA will make reasonable efforts to distribute Job Opportunities to third-party services,  publishers, job boards and/or other entities in our distribution network, or in job alert emails and texts  (where a Job Seeker has opted-in to receive such alerts) (collectively, “Distribution Channels”);  provided, however, that JOBS IN ABA has sole discretion in determining which Distribution Channels  the Job Opportunities may be placed. However, you acknowledge and accept that we have no control over  the Distribution Channels or communication networks, and therefore we provide no guarantee that your  Job Opportunities will actually be delivered over the Internet or via communication networks, be accepted  by an entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that  entities in the Distribution Channels have no obligation to use or display a Job Opportunity and may  reject a Job Opportunity for any reason or no reason, whether you are on a paid job Subscription Plan, or  a trial or free subscription, and even if you have paid for a “Premium Post.” You agree that JOBS IN ABA is not liable to you or any third party if your Job Opportunity is rejected or not posted, and you will not be  entitled to any refund for Job Opportunities not posted or distributed. By submitting a Job Opportunity,  you give us permission to distribute that Job Opportunity in the Distribution Channels and on JOBS IN  ABA websites. 

We do not guarantee any responses, or the number of responses, to your Job Opportunities, including,  without limitation, views, clicks, or applications, or that any responses will be from individuals suitable  for the job vacancy you advertised. We make no guarantee as to the quality of candidates that you will  receive as a result of your Job Opportunity. You are solely responsible for interviewing, performing  background and reference checks on, verifying information provided by, and selecting an appropriate  candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional  service policies in order to allow your Job Opportunity to be distributed on or via their services, and you  hereby agree to such additional service policies as they apply to the distribution of your Job  Opportunities. 

Your Account and Authorized Users 

You are responsible for all activity, acts or omissions of any person or entity that is able to access the  Services under your account and you will limit access to the number of users that are allowed under your  account to those permitted under your selected Subscription Plan (each, an “Authorized User”).  Additionally, you agree that: (i) you will not share log-in credentials and account information with third  parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, 

or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion  of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other  Specific Terms of Service or other agreement that you have with JOBS IN ABA; (v) you  will immediately notify JOBS IN ABA of any suspected or alleged violation of this Agreement, including  any unauthorized use of any password or account information, or any other known or suspected breach of  security; and (vi) you will cooperate with JOBS IN ABA with respect to investigation of any suspected or  alleged violation of this Agreement and any action by JOBS IN ABA to enforce this Agreement. 

Any posting of Job Opportunities or interactions with Job Seekers through the Services shall happen only  by an Authorized User. Any interactions that you have with JOBS IN ABA, including any suggestions,  recommendations, or other information provided to help support or improve your experience with the  Services, are provided only as a courtesy and without warranty. You are responsible for your use of the  Services, including without limitation any content included in your Job Opportunities, compliance with  laws, and interactions with Job Seekers. 

JOBS IN ABA may suspend, limit, condition, or terminate an Authorized User’s access to the Services or  any features thereof, in the event that JOBS IN ABA reasonably determines that such Authorized User has  violated this Agreement or appears likely to do so. 

Removal of Advertisements; Enforcement; Termination 

You acknowledge and agree that JOBS IN ABA may, with no liability or penalty, remove any Job  Opportunity or other content, communication or information posted, which in the sole judgment of JOBS  IN ABA, violates or may violate this Agreement, applicable laws, rules or regulations, or third party  terms; or may adversely affect JOBS IN ABA; or is false, inaccurate, misleading, deceptive, fraudulent,  libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or  illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and  privacy of any third party. 

We also have the right to: 

• Remove or refuse to post any User Content for any or no reason in our sole discretion. 

• Take any action with respect to any User Content that we deem necessary or appropriate in our  sole discretion, including if we believe that such User Content violates the Terms of Use,  including the Content Rules, infringes any intellectual property right or other right of any person  or entity, threatens the personal safety of users of the Website or the public, or could create  liability for us. 

• Disclose your identity or other information about you to any third party who claims that material  posted by you violates their rights, including their intellectual property rights or their right to  privacy. 

• Take legal action, including without limitation, referral to law enforcement, for any illegal or  unauthorized use of the Website or the Services. 

• Terminate or suspend your access to all or part of the Website for any or no reason, including  without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities  or court order requesting or directing us to disclose the identity or other information of anyone posting  any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY  AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND  EMPLOYEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE  FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY  ALL SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

Job Seekers 

JOBS IN ABA may inform Job Seekers that you have taken an action with respect to a resume/CV or a  Job Application. You agree to deal fairly and professionally with individuals who may respond to your  Job Opportunity and agree to indemnify us from and against any claim brought by an individual against  JOBS IN ABA arising from your breach of this Agreement or any other agreement you have with JOBS  IN ABA. 

Data Protection 

You agree to implement appropriate physical, technical, organizational, and administrative measures (a)  to prevent unauthorized or unlawful processing of any Personal Data; (b) to protect Personal Data against  accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of  the personnel having access to the Personal Data; and (d) having regard to the state of technological  development and the cost of implementing those measures so as to ensure a level of security appropriate  to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to  be protected. You agree to comply with applicable data protection and privacy laws and regulations in  applicable jurisdictions particularly as they relate to your operations and the residency of the applicable  data subjects. You further agree to indemnify, hold harmless, and defend JOBS IN ABA at your own  expense against all costs, claims, damages or expenses incurred by JOBS IN ABA for which we may  become liable due to any failure by you or your personnel or agents to comply with any of your  obligations under this section and applicable data protection and privacy laws and regulations. 

Using an ATS or Other Partner Platform 

If you use an applicant tracking system (“ATS”), you understand and agree that to the extent any Personal  Data transferred to the ATS falls within the scope of the California Consumer Privacy Act (“CCPA”) or  any applicable data protection law, the ATS is processing the Personal Data on your behalf pursuant to a  written agreement between you and the ATS that includes all terms necessary for the ATS to qualify as a  service provider or processor as those terms (or similarly used terms) are defined under the CCPA or  applicable data protection law. 

If you access or use the JOBS IN ABA Services through a third-party platform, such as, without  limitation, third-party platforms applicable to JOBS IN ABA’s resellers, applicant tracking system  partners, job board partners, or other strategic partners (each, a “Partner Platform”), you understand and  agree that you will only post Job Opportunities in connection with hiring employees for your own  organization, and you will only use the JOBS IN ABA Services in connection with hiring employees for  your own organization. JOBS IN ABA reserves the right, as determined in JOBS IN ABA’s sole  discretion, to reject or disable your use, or any portion of your use, of the JOBS IN ABA Services through 

a Partner Platform if you post a Job Opportunity in connection with hiring an employee for an  organization other than yours or if you use the JOBS IN ABA Services in connection with hiring an  employee for an organization other than yours, whether or not you are a job board, staffing agency,  recruiter, recruitment advertising agency, or other recruitment-based entity. 

PRIVACY AND SECURITY 

Please refer to our Privacy Policy for information regarding how we collect, process, share and store your  Personal Data. 

Unfortunately, the transmission of information over the Internet is not completely secure and we cannot,  therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or  use your Personal Data for improper purposes. You acknowledge that you provide your Personal Data at  

your own risk. Any actual or attempted use of the Services by you in violation of this Agreement may  result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer  Fraud and Abuse Act of 1986 under U.S. federal law. JOBS IN ABA reserves the right in its sole  discretion to review, monitor, and/or record any information relating to your use of the Services without  any prior notice to or permission from you, including, without limitation, by archiving content and/or  communications submitted to and/or sent by you through the Services. 

THIRD-PARTY LINKS AND SERVICES 

The Services may contain links to third-party websites, advertisers, products, services, or other events or  activities that are not owned or controlled by JOBS IN ABA (collectively, “Third-Party(ies)”). JOBS IN  ABA does not endorse or assume any responsibility for any such Third-Party sites, information, materials,  products, or services. If you access a Third-Party website from the Services or use a Third-Party service,  you do so at your own risk, and you understand that this Agreement and the JOBS IN ABA Privacy Policy  do not apply to your use of such Third-Party sites or services. You expressly relieve JOBS IN ABA from  any and all liability arising from your use of any Third-Party website, service, or content. Additionally,  your dealings with or participation in promotions of advertisers found on the Services, including payment  and delivery of goods, and any other terms (such as warranties) are solely between you and such  advertisers. You agree that JOBS IN ABA shall not be responsible for any loss or damage of any sort  relating to your dealings with such advertisers. 

INDEMNITY 

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless  JOBS IN ABA and its subsidiaries, and their respective directors, officers, board members, employees,  agents, successors and assigns, from and against any and all claims, damages, obligations, losses,  liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising  from: (i) your use of and access to the Services, including any data or content transmitted or received by  you; (ii) your violation of any term of this Agreement and any other agreement that you have with JOBS  IN ABA, including without limitation your breach of any of the representations and warranties herein;  (iii) your violation of any third-party rights, including without limitation any right of privacy or  Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including,  without limitation, your violation of the U.S. Fair Credit Reporting Act, or pursuant to applicable credit  reporting laws, and any applicable data protection, email marketing, or telemarketing laws (including any 

email, phone call or text message you send or make to another User); (v) any claims or damages that arise  as a result of your User Content; (vi) any other party’s access and use of the Services with your account or  log-in information; and/or (vii) your intentional or willful misconduct, or negligence. 

NO WARRANTY 

Disclaimer of Warranties 

NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR  GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBS IN ABA DOES NOT  GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED  ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN  OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE  SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR  TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED  TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS  FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER  IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS  ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR  WRITTEN, OBTAINED BY YOU FROM JOBS IN ABA, ITS EMPLOYEES, OR AGENTS, OR  THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR  CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE  DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS  ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE  SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT  ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV)  ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE  OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR  OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR  AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE  FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE  OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES. 

IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE  LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, JOBS IN ABA’S LIABILITY  FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT JOBS IN ABA’S  

OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY  OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT  OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY  OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES. 

Universal Disclaimer

JOBS IN ABA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY  FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY  THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND JOBS IN ABA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU  AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

JOBS IN ABA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR  ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. 

LIMITATION OF LIABILITY 

(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS  OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL JOBS IN ABA,  ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS,  EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN  CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR  OTHERWISE FOR ANY (I) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,  EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE THAT DOES NOT  ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE  BREACH, ACT OR OMISSION RELATING TO THIS AGREEMENT AND GIVING RISE TO THAT LOSS, WHETHER OT NOT SUCH LOSS MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN  THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THIS  AGREEMENT AS A PROBABLE RESULT OF THE BREACH, ACT OR OMISSION; OR (II) LOSS  OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO  USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL JOBS IN ABA BE RESPONSIBLE  FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER  UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE  INFORMATION CONTAINED THEREIN. 

(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBS IN ABAASSUMES  NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES  OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE  WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III)  UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY  PERSONAL DATA STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF  TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR  THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD  PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE  INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,  TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER  CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER  OR THIRD PARTY. 

(C) IN NO EVENT SHALL JOBS IN ABA, ITS SUBSIDIARIES, AND THEIR RESPECTIVE  OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE  TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES 

OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO JOBS IN ABA IN THE 3  MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM  OR USD $10, WHICHEVER IS LESSER. 

(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY  IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY  DUTY OR ANY OTHER BASIS AND EVEN IF JOBS IN ABA HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGE. 

AGREEMENT TO ARBITRATE 

This Agreement contains an Arbitration provision, which will, with limited exception, require you  to submit disputes you have against JOBS IN ABA to binding and final arbitration to the extent  that the laws of the jurisdiction where you reside permit the inclusion of Arbitration provision in  these Terms of Use. You will only be permitted to pursue claims against JOBS IN ABA on an  individual basis, not as a plaintiff or class member in any class or representative action or  proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and  declaratory relief) on an individual basis. 

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 15  is enforceable, the following mandatory arbitration provisions apply to you: 

Binding Arbitration 

This Section 15 is referred to in this Agreement as the “Agreement to Arbitrate”. Unless you opt-out  pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have  arisen or may arise between you and JOBS IN ABA or its affiliates, whether relating to the Services, this  Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved  exclusively through final and binding arbitration, rather than a court in accordance with the terms of this  Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU  UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE  THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

A party who intends to seek arbitration must first send a written notice of the dispute to the other party  (“Notice”), by certified mail or Federal Express (signature required) or, in the event that we do not have a  physical address on file for you, by electronic mail. JOBS IN ABA’s address for Notice is: JOBS IN ABA,  support@jobsinaba.com . 

The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific  relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an  agreement to do so within 30 days after the Notice is received, you or JOBS IN ABA may commence an  arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or JOBS  IN ABA shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award,  if any. 

Additional Requirements Applicable to Users in the United States or any other Jurisdiction not  Expressly Identified Herein: The arbitration shall be commenced and conducted under the Commercial  Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary 

Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative  dispute resolution body and arbitration rules that may be mutually agreed upon by you and JOBS IN  ABA. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules.  Any arbitration hearings will take place at a location to be agreed upon in Los Angeles, California,  provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted  (a) solely on the basis of documents submitted to the arbitrator; (b) submitted to the arbitrator; (b) through  a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA  Rules in the county (or parish) of your billing address. The arbitrator must follow applicable law, and any  award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement,  you and JOBS IN ABA may litigate in court to compel arbitration, stay proceeding pending arbitration, or  to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. 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. 

Restrictions 

You and JOBS IN ABA agree that any arbitration shall be limited to the Dispute between JOBS IN ABA and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other;  (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class  action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported  representative capacity on behalf of the general public or any other persons. 

Exceptions to Informal Negotiations and Arbitration 

You and JOBS IN ABA agree that the following Disputes are not subject to the above provisions  concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect,  or concerning the validity of, any of your or JOBS IN ABA intellectual property rights; (2) any Dispute  related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3)  any claim for injunctive relief. 

30 Day Right to Opt Out of Arbitration 

You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 15 by  sending written notice of your decision to opt-out to support@jobsinaba.com or to the U.S. mailing  address listed at the bottom of this Agreement. The notice must be sent to JOBS IN ABA within thirty  (30) days of your registering to use the Services or agreeing to these terms, whichever occurs first,  otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you  opt-out of these arbitration provisions, we also will not be bound by them. 

GENERAL 

Governing Law and Location 

The Services are controlled and operated by JOBS IN ABA from within the United States of  America. JOBS IN ABA makes no representations that the Services or the materials available via  the Services, are appropriate or available for use in locations outside of the United States. Those  who choose to access the Services from other locations do so on their own initiative and are 

responsible for compliance with all United States of America (as applicable and in accordance with  the Website) as well as local laws, if and to the extent local laws are applicable. 

Unless otherwise required by a mandatory law, this Agreement and any Disputes shall be governed by the  internal substantive laws of the State of California, without respect to its conflict of laws principles. An  arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by  rulings in prior arbitrations involving the same User to the extent required by applicable law. Except as  otherwise expressly provided in this Agreement, all arbitration and other litigation in a court of competent  jurisdiction of any dispute between you and JOBS IN ABA related to this Agreement shall be located in  Los Angeles County, California. 

You may not use the Services if you are a resident of a country embargoed by the United States, or  are a foreign person or entity blocked or denied by the United States. 

Assignment 

This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or  any of your rights and obligations, without the prior written consent of the General Counsel of JOBS IN  ABA or his/her designee. JOBS IN ABA can assign this Agreement or delegate its obligations without  restriction other than as required under applicable law. 

Relationship of the Parties 

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer,  contractor or employee of the other. Neither party shall have or hold itself out to any third party as having  any authority to make any statements, representations or commitments of any kind, or to take any action,  that shall be binding on the other, except as provided for herein or authorized in writing by the party to be  bound. 

Except as set out in this Agreement, only you and JOBS IN ABA may enforce this Agreement as this  contract is between you and JOBS IN ABA; no other party shall be entitled to enforce the terms of this  Agreement. 

Notification Procedures 

JOBS IN ABA may provide notifications, whether such notifications are required by law or are for  marketing or other business related purposes, to you via email notice, written or hard copy notice, or  through conspicuous posting of such notice on our websites, as determined by JOBS IN ABA in its sole  discretion. JOBS IN ABA reserves the right to determine the form and means of providing notifications to  Users, provided that you may opt out of certain means of notification as described in this Agreement.  JOBS IN ABA is not responsible for any automatic filtering you or your network provider may apply to  email notifications we send to the email address you provide us. We recommend that you  add support@jobsinaba.com to your email address book to help ensure you receive email notifications  from us. 

Under California Civil Code Section 1789.3, California users of the Services receive 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 (800) 952-5210. 

Entire Agreement 

This Agreement, together with any (1) written agreement bearing a signature by an authorized JOBS IN  ABA representative (sales representatives are not authorized JOBS IN ABA representatives for these  purposes) and (2) formal document titled “Quote” sent by JOBS IN ABA to you, which is accepted by  you (email communications between you and JOBS IN ABA are not considered Quotes) shall constitute  the entire agreement and understanding between you and JOBS IN ABA concerning the Services. No  other contrary statement, promise, or representation made or given by or on behalf of JOBS IN ABA shall  have any force or effect, and you acknowledge and agree that you have not relied upon any statement,  promise, or representation made or given by or behalf of JOBS IN ABA, which is not set out in this  Agreement, or any document expressly referred to herein. 

Compliance with Laws 

You agree to comply with all applicable laws, regulations and ordinances in the use of the Services and  the conduct of your activities. 

Confidentiality 

Pursuant to your use of the Services, you may receive information or be exposed to features and  functionality that are not known or available to the general public, including, but not limited to, login  credentials, technology, API Keys, dashboards, widgets, insertion codes, salary data and Salary Data  Displays, and guidelines and documentation relating to the Services (“Confidential Information”). You  agree that: (a) all Confidential Information will remain the exclusive property of JOBS IN ABA; (b) you  will use Confidential Information only as is necessary for your use of the Services and in accordance with  this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will  take all reasonable measures to protect the Confidential Information against any use or disclosure that is  not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to,  any third party, log-in credentials or any other mechanism that permits access to the Services or any other  non-public area of the JOBS IN ABA websites. 

Equitable Relief 

You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this  Agreement may cause JOBS IN ABA irreparable damage, for which the award of damages would not be  adequate compensation. Consequently, JOBS IN ABA may institute an action to enjoin you from any acts  in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally,  JOBS IN ABA may seek the entry of an injunction enjoining any breach or threatened breach of those  provisions, in addition to any other relief to which we may be entitled at law or in equity. 

No Publicity 

You shall not publicly disclose, issue any press release nor make any other public statement, nor  otherwise communicate with the media, concerning the existence of this Agreement or the subject matter  hereof, or the relationship with us without the prior written approval of our legal department. You further 

agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you  receive from the media or other third parties, concerning this Agreement, the Services, and/or JOBS IN  ABA, to our legal department at: support@jobsinaba.com . 

Electronic Contracting 

Your use of the Services includes the ability to enter into agreements and/or to make transactions  electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE  YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR  INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS  RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY JOBS IN ABA WEBSITE,  INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. 

Miscellaneous 

Any waiver of any provision of this Agreement will be effective only if in writing and signed by JOBS IN  ABA. No failure by JOBS IN ABA to exercise, or to delay in exercising, any rights hereunder shall  operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by JOBS IN  ABA preclude any other or future exercise of that right or any other right hereunder by JOBS IN ABA. If  any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction,  such invalidity shall not affect the validity or operation of any other provision and such invalid provision  shall be deemed to be severed from this Agreement. 

JOBS IN ABA, and the search JOBS IN ABA logo are trademarks or registered trademarks with the U.S.  Patent and Trademark Office and with multiple trademark offices around the world. All intellectual  property is owned by JOBS IN ABA, or its licensors, and is protected by U.S. and international trademark  laws and/or other proprietary rights and laws. 

How to Contact Us 

If you have questions about your User account, your subscription plan, job alerts, applications to Job  Opportunities, or any other Services-related questions, please contact Customer Support by emailing  support@jobsinaba.com .