Jobox User Terms of Service

Last Updated: 6.17.20

Welcome to the Jobox Inc. (“Jobox”) website located at www.joboxapp.com (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our Site, our mobile application (the “App”) and our on-demand job dispatch platform and related services accessible via our Site and App. To make these Terms easier to read, the Site, the App and on-demand job dispatch platform and related services are collectively called the “Services".

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. These Terms apply to you as a Jobox User (defined below) or a visitor to the Services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION “SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JOBOX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Our Services

Through our Services we provide Jobox Users with the functionality to help them seamlessly manage their work related projects (each a “Job”) and to receive and manage payments from their customers. Using the Services, you can view current, past, pending and completed Jobs and the date and time when a Job needs to be completed. As further described below, your Jobs can also be posted to your Account.

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Jobox and are not barred from using the Services under applicable law.

Registration and Your Information

In order to access and use the Services, you’ll have to create an “Account” using the verification code that we send you via text message and become a “Jobox User”.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

You acknowledge that the information you upload or submit to the Services may be personal information from or about other individuals or companies (“Third-Party Information”). Jobox will not use or disclose such information, except as set forth in our Privacy Policy.

You will comply with all applicable laws in connection with your use and handling of Third-Party Information and you will not use the Services to collect, duplicate, store, disseminate or disclose Third Party Information without any required permissions. If at any time you make unpermitted or malicious use of Third-Party Information in connection with your use of the Services, or infringe a third party’s privacy rights, without limiting any remedies available under the law, we have the right to restrict or terminate your Account and these Terms with you.

Key Definitions

"Job Fees” means the amounts due and payable by a Service Recipient for a Job determined by a Jobox User [and indicated by the user via the Services]. The Jobox User is responsible for the Job Fees for his or her Job. The Jobox User may in his or her sole discretion decide to include in these amounts the Taxes that the Jobox User determines that he or she has to collect.

“Net Fees” means the Job Fee less the Service Fee and any payment processing fees (e.g., fees charged by Jobox’s payment processor).

“Service Fee” means the fees that Jobox charges a Jobox User for use of the Services, which is calculated as a percentage of the applicable Job Fee. The Service Fee is subject to change. The Service Fee will be provided on the “Job Card” for the particular Job – A Job Card is displayed to the Jobox User within the Services and includes any other Job related details and fees for the Job.

“Service Recipient” means a customer of a Jobox User.

“Tax” or “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that a Jobox User may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Fees

As the Jobox User you are responsible for determining the Job Fee for your Job and communicating the Job Fee to the Service Recipient.

Payments

Subject to these Terms, the Services may facilitate payments to, and refunds from, Jobox Users. Payments and refunds facilitated by the Services are processed by third parties. If, and to the extent, Jobox accepts, holds or transmits funds in connection with your Job, you agree that Jobox does so, on your behalf, as your limited agent and you hereby appoint Jobox as your limited agent solely for the purpose of accepting payments from, and refunding payments to, Service Recipients on your behalf. You agree that Jobox may use third parties to process payments, refunds or payouts through the Services and that Jobox has no obligation to accept, hold or transmit funds on your behalf. In accepting appointment as your limited agent, Jobox assumes no liability for any of your acts or omissions.

When a Service Recipient pays you for a Job, the Services will notify you when the Net Fees are available for collection by you. Thereafter, you may initiate collection of all or part of the available Net Fees at any time by clicking the “Transfer Funds” icon [on the Services.] When you click “Transfer Funds”, within 4-5 business days from such time the Net Fees amount will be transferred to your bank account using the information that you provided in connection with your registration. Through the Services you may also have the option to split the Net Fees amount between you and another person like your regional dispatcher, provided you provide such person’s bank account and any other required details as prompted by the Services.

All payments will be in U.S. dollars. You are solely responsible for all costs incurred by you in using the Services and performing the Jobs and determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes. Jobox may institute a chargeback policy and/or offset future payments to you in certain cases where our bank or third party credit card processor withholds a percentage of a payment as a reserve, for example, as a result of actual or alleged fraudulent activity; or in certain cases where Jobox decides, in its sole discretion, that it is prudent or necessary to reverse a transaction.

ACH Authorization

By agreeing to these Terms and using the Jobox Wallet, you authorize Jobox or its third party provider to electronically debit and credit your bank account identified in your Jobox Account via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:

  • Range of Acceptable Debit Amounts: up to $10,000 per Business Day (as defined below).

  • Frequency of Debits: multiple times per Business Day (however, debits and credits may not necessarily occur every Business Day). You also acknowledge that the amount and frequency of the foregoing debits and credits may vary. You represent that you have permission to initiate each debit and credit. You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Jobox that you wish to revoke this authorization by emailing questions@jobox.ai. You must notify Jobox at least three (3) Business Days before the scheduled debit date of any ACH transaction from your bank account in order to cancel this authorization. If we do not receive notice at least three (3) Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will close your Jobox Account and return the balance in your Jobox Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Jobox Account or the Services, except as expressly provided in these Terms. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective. In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law. For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays.

Use of Access Number

When you register with our Services and create an Account, we will provide you with a unique number (the “Access Number”) to receive Job related notifications. For example, Jobox Users can share their Access Numbers with their regional dispatchers or other non-Account Holders who the user designates to send him or her notifications about potential Jobs [or Jobs you have accepted]. Whenever Job related messages are sent to you using your Access Number that message is simultaneously sent to your mobile device and the Services, enabling you to accept and add the Job to your Account on the Service. [After a Job is added to your Account you can continue to use your Access Number to send and receive messages regarding the Job, its progress and completion.

The Access Number is provided through our third party services provider, Twilio, and by using the Access Number, you are agreeing to comply with Twilio’s terms of service available at https://www.twilio.com/legal/tos. The Access Number is a virtual number that can be used only to receive notifications about potential Jobs and is non-transferable (i.e., the number cannot be transferred like a cell phone number). When someone sends a message to your Access Number, your will receive that message within the App. You may add the message to your Account by clicking the plus (+) sign next to your message. However, if you choose to delete the message, it will no longer be available to you within the App. Upon any termination, discontinuation, or cancellation of the Services or your Account, your ability to use the Access Number will also be automatically be terminated and you may no longer use the Access Number in any way.

Communications

As part of the Services, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages”). You have control over the Messages settings, and can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) either through your Account or by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.

If you provide your cellular phone number and agree to receive communications from Jobox, you specifically authorize Jobox to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Services and may opt out of such Messages. You can opt out of receiving text messages through your Account settings, unless such Messages are related to the Services or your Account.

You understand and agree that any Messages via the Services (including those sent to you) may be delayed or prevented by a variety of factors. Jobox may make commercially reasonable efforts to enable the messaging functionality within the Services so that it operates in a timely manner, but we cannot and do not guarantee the delivery, timeliness, or accuracy of the content of any Message. Jobox shall not be liable for any delays, failure to deliver, or misdirected delivery of any Message; for any errors in the content of a Message; or for any actions taken or not taken by you or any third party in reliance on a Message, including without limitation, the delivery or receipt thereof.

Communicating with Non-Account Holders

As stated above, you may share your Access Number with a non-Account holders in order for that non-Account holder to communicate with you regarding potential Jobs [and Jobs you have accepted] You may also communicate with a non-Account holders by sending a message to the non-Accountholder’s cellular phone number using the App. When you send such a message to a non-Account holder, you represent and warrant that prior to sending such informational Job related messages to a non-Account holder, you will ensure that such non-Account holder consents to receiving an informational text messages from the Services.

Disputes and Release

Because Jobox is not involved in any actual contact between you, Service Recipients, job dispatchers or others involved in the delivery of your services as well as banks and government agencies (collectively, “Third Party Providers”), or in the delivery or completion of Jobs, in the event that you have a dispute with any Service Recipient or other Third Party Providers, you agree to address such dispute directly with such counterparty and you release Jobox (and our officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from, and covenant not to sue Releasees for any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Content on the Services

“Content” means the text, graphics, images, software, works of authorship of any kind and information or other materials that are posted, generated, provided or otherwise made available through the Services.

“User Content” means any Content that Jobox Users (including you) provide to be made available through the Services, including the contents of any Job listings you post to the Services. Content includes without limitation, User Content.

Content Ownership, Responsibility and Removal

Jobox does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Jobox and its licensors exclusively own all right, title and interest in and to the Services and Content and all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services, whether by uploading your image, contact information or other details, or by submitting details about a Job, or otherwise, you hereby grant to Jobox a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license, with a right to grant sublicenses, to use, copy, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services.

You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; (ii) the User Content that you submit through the Services will be true and accurate; and (iii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Jobox on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as messages sent to others from the Services) may not be removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Jobox

Subject to your compliance with these Terms, Jobox grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by Jobox Subject to your compliance with these Terms, Jobox grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Jobox reserves all rights in and to the App not expressly granted to you under these Terms.

General Prohibitions and Jobox’s Enforcement Rights

You agree not to do any of the following:

Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, forged, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Services or any individual element within the Services, Jobox’s name, any Jobox trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Jobox’s express written consent; Access, tamper with, or use non-public areas of the Services, Jobox’s computer systems, or the technical delivery systems of Jobox’s providers; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Jobox or any of Jobox’s providers or any other third party (including another user) to protect the Services or Content;

Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Jobox respects copyright law and expects its users to do the same. It is Jobox’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Jobox’s Copyright and IP Policy at Jobox’s Copyright, for further information.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at hello@joboxapp.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Disputes and Release, Feedback, Content Ownership, Responsibility and Removal; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution, and General Terms.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@joboxapp.com You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Jobox provides the Services only as a medium for Jobox Users to manage and streamline their Jobs. You contract directly with the Third Party Providers on the one hand and the Service Recipient on the other, and are solely responsible for you interactions (including any disputes) with either. Jobox is only a technology platform that enables Jobox User to manage their Jobs and is not a party to any relationship between the Jobox User and any Third Party Providers or the Service Recipient. Your use of the Services and Content, your engagement with any Third Party Providers or Service Recipients is at your sole risk and discretion and Jobox hereby disclaims any and all liability to you, any Jobox Users, or any third party relating thereto.

Indemnity

You will defend, indemnify and hold harmless Jobox and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) your relationship with any other Third Party Providers or Service Recipients or (iii) your violation of these Terms.

Limitation of Liability

NEITHER JOBOX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL JOBOX’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO JOBOX FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JOBOX, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOBOX AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Jobox agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Jobox with written notice of your desire to do so by email or regular mail at 1161 mission St. San Francisco CA 94103within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Jobox with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Jobox with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Jobox with an Arbitration Opt-out Notice, you acknowledge and agree that you and Jobox are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Jobox otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Jobox otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Jobox submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Jobox will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Jobox will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Jobox changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Jobox.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Jobox’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Jobox in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Jobox and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Jobox and you regarding the Services. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Jobox’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Jobox may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Jobox under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Jobox’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jobox. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Jobox at 550 Hamilton Ave, Suite 100, Palo Alto CA 94301.