Terms & Conditions

Effective Date: December 3rd, 2024

These Terms and Conditions have been prepared by YourJobsExplorer.com (referred to herein as the “Website,” “Company,” “us,” “we,” or “our”). Together with our Privacy Policy and any amendments or supplements, these Terms and Conditions (collectively, the “Agreement”) constitute a binding legal agreement between you (“you,” “your,” or “user”) and the Company, including its directors, officers, parent organizations, subsidiaries, and representatives. This Agreement governs both your access to and use of the Website, as well as any use or attempted use of the products and services provided by the Company. By continuing to use or access the Website, you acknowledge and agree to be bound by this Agreement as if you had signed it directly.

Notice of Agreement to Arbitrate and Class Action Waiver

By accepting these Terms, you consent to the arbitration agreement and class action waiver outlined in Section 5 below.

Contents

1. ELIGIBILITY

This Website is designed for individuals who are at least 18 years of age and legally capable of entering into a binding agreement with us, without restrictions under applicable law. Users who are 13 years or older may also access the Website with the explicit consent of a parent or guardian to these Terms. The Website is not intended for children under the age of 18. By accessing the Website, you confirm that you are at least 18 years old.
This Website is specifically intended for users residing within the contiguous United States, Alaska, and Hawaii.

This Website and its services are intended for users residing in the contiguous United States, including Alaska and Hawaii.

2. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all content accessible through the Website, including but not limited to text, graphics, logos, software, music, videos, sounds, photographs, and content provided by suppliers, sponsors, or third-party advertisers, is protected by copyrights, trademarks, patents, and other proprietary rights under applicable laws (“Intellectual Property Rights”). We provide you with a non-exclusive, non-sublicensable, non-transferable, revocable, and limited license to view, copy, and print content obtained from the Website solely for personal use or for placing orders through the Website, provided that you do not remove or obscure any copyright or other proprietary notices displayed with the content. Except as expressly granted under this Agreement, nothing in this Agreement or on the Website grants, either explicitly or implicitly, any rights or licenses under the Company’s or any third party’s Intellectual Property Rights. All rights not expressly granted are reserved.

Unless expressly permitted in this Agreement, you agree not to: (i) store, transmit, upload, distribute, or otherwise make available any files that may contain harmful technologies or malicious content, including but not limited to viruses, logic bombs, trojans, or worms; (ii) attempt to uncover or reverse-engineer the source code, algorithms, or the underlying systems and processes of the Website; (iii) interfere with or attempt to interfere with the proper operation of the Website, disrupt its functionality or any connected networks, or bypass any security measures to access the Website; (iv) remove or alter any proprietary notices included in the original content or materials of the Website; (v) use automated scripts to improperly collect data or interact with the Website; (vi) modify, adapt, translate, copy, disassemble, reverse engineer, decompile, or create derivative works based on the Website; (vii) sell, resell, distribute, license, or transfer the Website, in whole or in part; or (viii) breach any applicable laws or the terms set forth in this Agreement.

3. LINKS TO AFFILIATE WEBSITES

Our Website may include links to affiliate websites offering products and services, and we may earn a small commission, at no additional cost to you, if you click on these links and make a purchase from the affiliate website(s). These affiliate links are provided to enhance the user experience. Please be aware that we do not verify the identity, credibility, or security of third-party affiliate websites, nor do we inspect or monitor the accuracy of the content presented on such websites. You agree that we are not responsible for any damages or losses arising from your use of any third-party affiliate website(s), the information they provide, or any offers or contracts made by such websites. We are not liable for the enforcement of any obligations resulting from agreements between you and a third-party affiliate and are not obligated to intervene in any disputes. You expressly agree not to involve us in any legal action, investigation, audit, or arbitration related to disputes with third-party affiliates.

4. CONDITIONS RELATED TO EMPLOYMENT OPPORTUNITIES & JOB LISTINGS

To access relevant job listings, employment opportunities, and job-related resources through the Website, you may be required to provide personal information, participate in surveys, review third-party offers, and consent to being contacted by our marketing partners. Please note that participating in or purchasing third-party deals/offers is not a requirement to access job listings and employment opportunities. We do not guarantee that you will be contacted or hired by third-party partners for completing surveys or engaging in offers provided by them. Access to job opportunities and third-party offers is provided solely for your convenience, and we are not responsible for the terms of participation, the availability of job opportunities, or any conditions set by third-party websites. We are not liable for the unavailability of job openings or if you are not contacted, interviewed, or hired for a position due to reasons such as third-party terms, qualification criteria (e.g., geographic limitations, experience), denial of service, communication errors, or any other factors. To maintain the Website as a free resource, we may receive compensation, at no cost to you, when you engage with third-party deals available through the Website, which are optional.

Please be aware that we do not review, approve, authorize, or endorse any third-party job, employment, or recruitment opportunities provided by external parties. When you click on links to third-party job listings or employment opportunities on our Website, you will be redirected to the third-party website. These third-party sites may collect personal and non-personal information about you and your use of their services. Your use of or interactions with third-party websites and the job opportunities they offer will be subject to their own terms and policies. We strongly recommend that you review their terms of service and privacy policies. You agree that we are not a party to any agreements between you and third parties regarding job, employment, or recruitment opportunities, and we are not responsible for fulfilling any obligations under such contracts. You also agree not to involve us in any legal proceedings, investigations, audits, or arbitrations regarding disputes with such third parties.

The Company and its agents disclaim any responsibility for any consequences, whether direct or indirect, arising from any actions or omissions you make based on the information, services, or other materials available on the Website. Although the Company makes efforts to ensure that the information on the Website is accurate, complete, and up-to-date, it cannot guarantee, and will not be liable for, any damages or losses resulting from inaccuracies, incompleteness, or outdated information on the Website.

Disclaimer of Warranties

The Website is provided “as is” and “as available.” Except as expressly stated in these Terms, we hereby disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranties that may arise under the Uniform Commercial Code, trade usage, or course of conduct, to the fullest extent permitted by law.

Without limiting the foregoing, the Company does not warrant that: (i) access to the Website will be timely, secure, uninterrupted, or error-free; (ii) the Website will meet your specific needs; (iii) any defects will be corrected; (iv) the Website will be free from malicious software, viruses, trojans, worms, or logic bombs; or (v) the results derived from using the Website will be accurate or reliable. You acknowledge and agree that the Company is not responsible for any material or data obtained or downloaded through the Website. Your use of the Website is at your own risk, and you are solely responsible for any damage to your computer system or loss of data resulting from downloading any materials from the Website. Unless explicitly stated otherwise, no advice or information, whether oral or written, obtained from the Company directly or via this Website, will create any warranty.

5. AGREEMENT TO ARBITRATE

Both you and we agree that any disputes or claims arising from or related to your use of the Website, or any products or services offered, sold, or purchased through the Website, will be resolved solely through final and binding arbitration, rather than in a court of law. However, you may bring claims in small claims court if your case qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate (referred to as the “Agreement to Arbitrate”).

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and we agree that any claims arising from or related to your use of the Website, or any products or services offered, sold, or purchased through the Website, shall be brought only on an individual basis and not as part of a class action, representative action, or any other similar legal proceeding. This includes actions under laws such as the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. Unless both parties mutually agree, the arbitrator will not preside over consolidated, class, or representative proceedings, nor will they consolidate or combine claims from multiple parties. The arbitrator may grant relief, including injunctions, monetary, or declaratory relief, but such relief will only benefit the individual party and will not affect other users.

Arbitration Procedures

The arbitrator shall have exclusive authority to resolve any disputes concerning the interpretation, application, enforceability, or formation of this Agreement to Arbitrate or any portion of this Agreement, including disputes regarding whether any part of this Agreement or the Agreement to Arbitrate is void or unenforceable. No federal, state, or local court or agency shall have authority over these matters.

Arbitration will be administered by the American Arbitration Association (“AAA”) and conducted in accordance with its applicable rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement to Arbitrate. Information about the AAA’s rules and a form to initiate arbitration can be found on their website at http://www.adr.org.

The arbitration will take place in the county where you reside or at another location agreed upon by both parties. If the total relief sought is $10,000 or less, either party may choose to have the arbitration conducted via telephone or based solely on written submissions. This choice will be binding unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, either party may participate by telephone unless otherwise directed by the arbitrator.

The arbitrator shall resolve all claims in accordance with the applicable laws of the State of Missouri, including established principles of equity, and shall respect all claims of privilege recognized by law. The arbitrator is not required to follow decisions from prior arbitrations involving other users but must adhere to rulings in prior arbitrations involving the same user where applicable law mandates. The arbitrator’s decision shall be final and binding, and any judgment on the award may be enforced in a court of competent jurisdiction.

This arbitration clause shall remain in effect even after the termination of this Agreement, the closure of your account (if applicable), or your cessation of use or access to the Website and any products or services offered, sold, or purchased through the Website.

Costs of Arbitration

Unless otherwise specified in this Agreement to Arbitrate, all filing, administrative, and arbitrator fees (collectively, “Arbitration Costs”) will be subject to the AAA’s rules. If the value of the relief sought does not exceed $10,000, the Company may, at your request, cover all Arbitration Costs. To qualify, you must submit your request along with a demand for arbitration to the AAA by mail. If the relief sought exceeds $10,000 and you can demonstrate that arbitration costs would be prohibitively expensive compared to litigation, the Company will cover a portion of the Arbitration Costs, as determined by the arbitrator, to ensure arbitration is not cost-prohibitive. Should the arbitrator find your claims to be frivolous, you agree to reimburse the Company for any Arbitration Costs it covered on your behalf, as required under the AAA’s rules.

Confidentiality

The parties agree to treat all arbitration proceedings and any resulting award as strictly confidential. Disclosure is permitted only if required by a court order, necessary to confirm, vacate, or enforce the award, or shared in confidence with the parties’ legal counsel, tax advisors, senior management, or, in the case of an individual party, immediate family members.

Severability

Other than the “Prohibition of Class and Representative Actions and Non-Individualized Relief” provision in this Agreement to Arbitrate, if any portion of this Agreement to Arbitrate is deemed invalid or unenforceable by an arbitrator or court, the remaining provisions shall remain fully effective. However, if an arbitrator or court finds the “Prohibition of Class and Representative Actions and Non-Individualized Relief” provision in Section 1 of this Agreement to Arbitrate to be invalid or unenforceable, the entire Agreement to Arbitrate will be rendered null and void. The validity, enforceability, and legality of the remaining portions of this Agreement will remain unaffected.

6. CONSENT TO CONTACT

By providing your telephone number in any submission on the Website and signing to give your explicit consent, you agree to be contacted by the Company, its subsidiaries, affiliates, agents, and up to 30 Marketing Partners at the number you provided. This contact may include live, automated, or prerecorded calls, text messages, or emails regarding products or services. You acknowledge that your telephone service provider may charge you for these communications. Participation in this consent is not a condition for purchasing any goods or services, and you retain the right to revoke your consent by any reasonable method.

When you provide your email address, you are explicitly inviting each third-party matched to you to contact you via email at the address you submitted. You agree that such emails from third parties will not be considered spam or unauthorized under any applicable local, state, or federal laws or regulations. For any service, you confirm that all information you submit is accurate and truthful.

7. VOICE RECORDING AND MONITORING CONSENT

You provide your agreement and consent that the Company may record or monitor any communications you make during calls to the Website, as permitted by applicable laws including 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state regulations governing call monitoring and recording. By making a call to us, you explicitly give your consent to allow us to monitor or record the call and to use this information in accordance with the Privacy Policy. We are not required to monitor or record our services for accuracy, completeness, or quality purposes.

8. DMCA POLICY AND NOTICE

If you are a copyright owner, authorized representative, or have the authority to act under any exclusive copyright right, you may report any alleged copyright infringement occurring on or through the Website by submitting a DMCA notice of infringement to our Designated Agent, as outlined below. Upon receiving the notice, we will take appropriate action, at our sole discretion, which may include the removal of the disputed content from the Website.

  • Provide details of the copyrighted work that is claimed to have been infringed, or if the notice covers multiple works, include a representative list of all such works.
  • Provide identification of the content or material that is alleged to infringe or be involved in infringing activity and needs to be removed, or to which access must be disabled, along with information sufficient to enable us to locate such content.
  • A statement confirming that the complainant genuinely believes that the use of the content or material in the manner described is not authorized by the copyright owner, its agent, or the law.
  • A statement affirming that the information in the notice is accurate and complete, and that the complainant is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
  • The full name and either the electronic or physical signature of the authorized representative acting on behalf of the owner of the exclusive right that is claimed to be infringed.
  • The contact information of the complainant, including their email address, phone number, and physical address where the complaining party can be reached.

Any and all notices of a claimed infringement, including the details mentioned above, should be submitted to our Designated Agent at contact@yourjobsexplorer.com. Please note that failure to comply with all the requirements of this section and 17 USC § 512(c)(3) may result in your DMCA notice being invalid.

9. LIMITATION ON LIABILITY

You expressly acknowledge and agree that the Company, along with its agents, suppliers, parents, subsidiaries, representatives, or affiliates, will not be liable for any special, indirect, incidental, exemplary, or consequential damages. This includes, but is not limited to, loss of use, profits, data, goodwill, the cost of substitute services, or any other similar damages. This applies regardless of how the damages occur, and irrespective of the legal theory used (e.g., breach of contract, tort, including negligence, or strict liability). This includes damages arising from: (1) your use of, or inability to use, the Website; (2) the use of, or inability to use, items purchased through third-party websites linked on the Website; (3) the costs of substitute services or products; or (4) any other related issues concerning the Website.

10. INDEMNIFICATION

You consent to indemnify and hold harmless the Company, its directors, officers, employees, agents, parents, subsidiaries, affiliates, co-branders, and suppliers, from any and all claims, demands, liabilities, losses, disputes, damages, and costs, including but not limited to reasonable attorney fees and litigation costs. This indemnification applies to claims arising from or related to: (i) use of the Website by you; (ii) any information you transmit or submit via the Website; (iii) privacy, tort, or other claims (such as those under the Telephone Consumer Protection Act (TCPA) or similar state laws) related to personal information you provide (such as a telephone number) to the Company that is not your own and violates the terms of this Agreement; and (iv) your breach of any terms in this Agreement.

11. MODIFICATIONS TO THE AGREEMENT

We reserve the right to modify these Terms at any time, at our sole discretion, by updating this posting on the Website without prior notice. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms. We encourage you to review the Terms each time you visit the Website to ensure you are aware of any updates.

12. MISCELLANEOUS PROVISIONS

The Company may, at its discretion, assign, transfer, or subcontract any of its rights or obligations under these Terms and Conditions to a third party. Any representations, warranties, and indemnifications made by you will remain in effect even after the cancellation or termination of your account or relationship with the Company. A delay in the exercise of any right or remedy by the Company will not be considered a waiver of that right or remedy, nor will it affect the Company’s ability to exercise that right or remedy in the future. Any waiver must be in writing and agreed to by the Company. These Terms and Conditions replace any prior terms or representations, whether oral or written, made by the Company.

13. CONTACT US

For any questions or concerns regarding this Agreement, please feel free to reach out to us at contact@yourjobsexplorer.com.