Terms And Conditions

Please carefully read these Terms and Conditions ("Terms," "Terms of Use," "Terms and Conditions") before using the JoBbrew.com website and any associated mobile and software applications where these Terms are posted. (together, or individually, the "Service" or "Website") operated by JoBbrew,, a Delaware limited liability company ("Joblist," "us," "we," or "our"). "You" or "Your" refer to "Job Seekers" who are searching or applying for jobs, "Employers" who are posting jobs (This includes both the individual user who posted the job opportunity and any company or business named in the job postings.), or any other users of the Service who access or use it.

These Terms represent a legally binding agreement between Jobbrew.com and you relating to your use of the Service. And contain significant provisions affecting your rights, such as requiring individual arbitration of claims rather than class arbitration, as outlined below. We encourage you to print these Terms or save them to your device or computer for reference. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and to use the Service in a professional manner using real information and as intended by the Service. If you disagree with any part of the Terms then you do not have permission to access the Service. By accessing or using the Service you also agree to be bound by the separate JOBBREW POLICIES  which is incorporated herein by reference.

To visit or use the Service, you must be 18 years of age or older and, if using the Service on behalf of a company or employer, you must be authorized to act for and bind, and hereby bind, the company or employer to these Terms.

Disclaimer for Third-Party Content

Our Service allows you to search for, save, and receive updates on job postings made available by third parties. Through the Service, job seekers can apply for jobs and employers can post jobs. If you click on a job posting that links to an external third-party website, you will be taken to that website for more information. If an Employer has posted a job using the Service, you may review and apply for that job as outlined below. You acknowledge and agree that we are only a listing service and bear no responsibility for the content, accuracy, completeness, or legality of the listings or the jobs they may describe.You are strictly accountable for conducting research on the job advertisements you choose. JobBew may review Employer posts at its discretion, but it is not responsible for screening or censoring third-party job postings or content. Joblist has no control over the hiring process or communications between consumers and third-party employers. Joblist makes no representations or warranties about any third-party content, including job postings or applications. According to Section 230 of the Communications Decency Act (and similar laws), Joblist is a platform service and not the publisher or speaker of any third-party content.

If the Website or the Mobile App contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in job postings, advertisements, including banner advertisements and sponsored links. JobBrw has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or the Mobile App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

1. Eligibility to Use the Services

You must be at least 18 years old, or the minimum age of majority in your regulatory authority, if older, and not prohibited from doing so by applicable law, to access or use the services. Unless otherwise specified below or approved by us, the services are for your personal, non-commercial use only, unless you enter into a separate agreement with us for commercial use. You may not use the services if we have terminated or banned your account(s).

2. Jobbrew Services Accounts

2.1 Accounts And Profiles

To use most of our services, you must first create an account and provide certain personal information.(proper verbiage for HIPAA requirements)

This article also contains The HIPAA Privacy Rule establishes national standards to protect individuals&squot; medical records and other individually identifiable health information (collectively defined as “protected health information”) and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of protected health information and sets limits and conditions on the uses and disclosures that may be made of such information without an individual’s authorization. The Rule also gives individuals rights over their protected health information, including rights to examine and obtain a copy of their health records, to direct a covered entity to transmit to a third party an electronic copy of their protected health information in an electronic health record, and to request corrections.

• You acknowledge that the documentation you provide us over your account(s) is correct and that you will keep it correct and up to date at all times.
• You are accountable for maintaining the safety of your account(s), and you accept responsibility for all activities that occur through your account (s). Jobbrew cannot be held accountable for third-party actions taken through your account (s). You agree to immediately notify us if you suspect unauthorized use of your account(s) or access to your password (s).
• In order to provide you with access to features across our services, we may create and link different services’ accounts for you. BULLHORN LINK TO CREATE AN ACCOUNT

When you set up an account to access the services, we create a profile for you that will include personal data you provide (a“BULLHORN Profile” ).

• We reserve the right to update your Profile with information obtained from third parties. We may also use personal information you provide to us through your resume(s) or other services. In our Privacy Policy, you can learn more about how we collect and process your data.

• We may use various methods, including third-party integrations or services, to verify your employment history or status. We may also use signals from your current or former employer. JoBbrew will not be held liable to you or any third party if we are unable or incorrectly verify your employment history or status.

• Portions of your Profile may be visible to other users and the public (e.g., your name and profile picture) depending on the services you use. We may also in certain circumstances allow you to share your Profile with third parties or provide you with the ability to change your Profile’s visibility settings. However, your Profile will not publicly include or link to Your Content (as defined in section 3), which you submit semi-/anonymously to our services. You can read more about your anonymity options in section 4 of these Terms and in our JOBBREW POLICIES.

• Depending on the services you use, portions of your Profile (e.g., your name and profile picture) may be visible to other users and the public. In certain circumstances, we may also allow you to share your Profile with third parties or give you the ability to change the visibility settings on your Profile. Your Profile, on the other hand, will not include or link to Your Content (as defined in section 3), which you submit semi-/anonymously to our services. More information about your anonymity options can be found in Section 4 of these Terms and in our Privacy Policy.

3. Content on Jobbrew Services

"Content" implementation of interventions, logos, advertisements, comments, opinions, postings, resumes, salaries, messages, questions, text, files, images, authorship works, e-mail, data, audio, video, or other materials.

3.1 Rights to Your Content

Users are directly responsible for your use of the services as well as any Subject matter you authorize for use on the services or submit thru the your account ("Your Content").

We do not claim ownership of Your Content that you submit or authorize for use in the services, but you grant us the rights to use Your Content as set forth below. By submitting or authorizing us to display Your Content, you hereby grant us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through an unlimited number of levels of sublicenses) to use, reproduce, copy, process, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, and distribute. Your Information in any and all mainstream press (now known or later developed) throughout the world and display your name, images, likeness, voice, video, and any other Content that you submit, link, or otherwise make available through the services in any manner or media, on or off the services, including for the purpose of promoting our services.

• You agree that this license includes the right for us to provide, promote, and improve the services, as well as make Content submitted to or through the services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

• No compensation will be paid in relation to Content submitted through the services.

• Some live audio/video events that are hosted on or through the services may be recorded. By using the services and attending/participating in such audio/video events, you consent to such recordings and agree that all rights, titles, and interests in such recordings will be transferred to Jobbrew.

• You should only submit Content to the services that you are comfortable sharing with others under these Terms.

3.2 Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

3.3 Document Repository

Jobbrew provides job seekers (whether or not employed by an employer or licensor that posted a job on Jobbrew) with the ability to upload documents using the Websites or the Mobile App and store the documents in a cloud-based repository (the “Repository”). Job seekers who use the Repository should use it solely to upload and store professional documents related to their job search. Users of the Repository are solely responsible for the accuracy, completeness and legality of all documents they store in the Repository and must comply with the Content Standards with regard to all materials uploaded or stored in the Repository. Users shall be solely responsible for keeping backup copies of and updating documents in the Repository and for any consequences arising from the use or distribution of their documents in the Repository. Recruitment Alley reserves the right to limit the amount of storage capacity available to each user and to discontinue or alter the use of the Repository at any time for any reason or no reason. Further information on security and privacy relating to the Repository is provided in our Privacy Policy.

4. Your Use of the Services

4.1 Using Jobbrew Services

Jobbrew provides a variety of services, which may change from time to time at our sole discretion.

• Whether or not you have an account with us, if you use our services, we may process your personal data. Our Privacy Policy explains how we may use your personal information. This includes personal data that we use to offer or provide our services to you, our customers, and others.users, and the public, as well as to manage and improve our services. We also collect and share personal data with third party service providers acting on our behalf, including providers of analytics services that may record or log your activities on our services, including text you enter, pages you visit, and features you interact with. By using our services, you agree to this data processing and sharing.

• We may provide you with the ability to create and/or join groups in order to have conversations and build communities with other users (also known as "bowls"). Groups may have managers or leaders (also known as "community" or "bowl leaders") who have access to additional features for managing their groups (e.g., the ability to pin or highlight Content or approve new members). Leading a group is an unofficial, voluntary position that may be available to service users. We are not responsible for the actions of group leaders. Group leaders are not authorized to act on behalf of JoBbrew and may not represent themselves as such.

• We may give you the ability to search for jobs, including through search functionality and personalized ads and recommendations. We may also allow you to apply for jobs using our services. This service is provided in collaboration with our affiliates. When you submit an application by clicking the apply (or a similar) button, your application is routed to the most appropriate contact information we and/or our affiliates have on file for that employer.

•  While we and our affiliates strive to make this service the best it can be, we have no control over employer websites or their service providers, and we cannot guarantee that your application will be properly received and logged by any third-party employer upon transmission. If you have any reason to believe that an employer did not receive your application, we recommend that you contact them directly to confirm.

• Jobbrew does not guarantee the identity of any employer or any individuals working for any employer, and thus advises users to be cautious when applying for jobs. Jobbrew does not guarantee the legitimacy of a job offer; users should confirm the legitimacy of a job offer before taking adverse action in their current employment situations. You are solely responsible for validating any employer or job offer.

5. Special Provisions Applicable to Employers and Enterprise Customers.

5.1 Posting Jobs to the Services

You may not post any job ad, as solely determined by Jobbrew, that:

1. Does not comply with the applicable laws and regulations of the state and country where the job is to be performed, such as labor and employment laws, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property laws;

2. Contains false information or intentionally misrepresents employment opportunities, such as misrepresenting the terms of employment, the hiring entity, or the identity of the poster;

3. Requires an application fee or up-front or periodic payments; necessitates the recruitment of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship, or sales representative agency arrangement; only pays commissions (except where the listing specifically states that the available job pays commission only and clearly describes the product or service that the job seeker/user would be selling); or resembles a multi-level marketing scheme

4. Involves any screening requirement that is not a legitimate and legal requirement of the advertised position;

5. Contains any logos or brands, or links to websites other than your own or those of any entity for which you have been granted permission to post job ads;

6. Contains multiple job openings in a single job ad (unless you've paid for a service that allows you to do so);

7. Does not comply with Title VII of the Civil Rights Act or the EEOC’s Enforcement Guidance on Employer’s Consideration of Arrest and Conviction Records in Employment Decisions, and/or relevant national, federal, state, and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant’s criminal history until later in the hiring process;

8. Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law.

You agree that Jobbrew may, at any time and for any reason, remove or prevent the posting of any job ad.

5.2 Communications With Users.

We may notify a user when you take an action based on information shared with you by us or our affiliates on their behalf, such as when you open the user&squot;s application, view their resume or profile on the services (or an affiliate&squot;s services), and/or make a decision about their application. We may use materials that you view, store, or receive as a result of your use of the services or the services of an affiliate for data analysis, quality control, or to improve our services and services. We may also share our findings from such data analysis with our users. For example, we may inform our users about which employers are more likely to accept applications submitted through our services., as well as how long certain aspects of the candidate process take on average for a given employer. We may send email reminders to users you want to interview. We may also send emails on your behalf to users indicating that your job ad may be a match for the user&squot;s resume or job preferences. You understand and consent to Jobbrew taking such actions.

5.3 Advertisers Are Exempt From Certain Provisions

This provision applies to all advertisers, including employers who buy, post, or display job ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose other than assessing the performance and effectiveness of your campaigns on an aggregate and anonymous basis (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data from multiple advertisers&squot; campaigns). You may not transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party that is not acting on your behalf or on behalf of your campaigns, and you may not permit a third party to do so. protection

6. Jobbrew or third-party enforcement

6.1 Content Removal

While we are under no obligation to do so, we reserve the right to review and remove any Content (or portions of Content) that we believe, in our sole discretion, violates these Terms or other applicable policies linked on the services (including our Community Guidelines), or that we deem inappropriate. If you see any Content on the services that you believe violates our policies, please report it by clicking on the appropriate report link adjacent to that Content or by contacting us. We will review the Content and decide whether to remove it after being notified (or a portion thereof). Please keep in mind that our interpretation of our policies, as well as the decision to remove Content, are entirely at our discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, we will not be in violation of these Terms or any other agreement we have with you.

6.2 Copyright Policy

6.3 Other Enforcement Measures

While we are under no obligation to do so, we reserve the right, in our sole discretion, to investigate and take appropriate action against you if you violate these Terms, including, but not limited to, removing Content (or portions thereof) from the services; suspending some or all of your rights to use the services; terminating your account(s); reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

6.4 Providing User Personal Data and Protecting Our Users

You acknowledge and accept that under specific conditions, such as where compelled by law or by a court order, we may disclose users&squot; personal data to other parties. The part of our privacy policy titled "Other Situations Where We May Share Your Data" contains more information about the various scenarios. We reserve the right to take the necessary steps to safeguard our users&squot; anonymity from the enforcement of subpoenas or other information requests that seek a user&squot;s identifying information or personal data, even though we are under no obligation to do so to the fullest extent permitted by applicable law.

7. Indemnity

You agree to defend, indemnify, and hold us and our affiliates and subsidiaries, as well as our and their respective officers, directors, board members, board advisors, employees, partners, agents, successors, and assigns (collectively, the &quote;Jobbrew team"), harmless from any loss, liability, claim, or demand made by any third party due to or arising from your use of the services, including due to or arising from your breach of these Terms and Conditions.

8. Disclaimers and Limitations on Liability

The disclaimers and liability limitations in this section apply to the greatest extent permitted by applicable law. Nothing in this section is meant to limit any rights you may have that are not legally limited.

Any communications, including emails, texts, or notifications or messages corresponding with any activity on the services or any other communications service, product, or feature provided on or through the services, are provided solely as a courtesy. Jobbrew disclaims all warranties with regard to the transmission or storage of these courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent or received. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Jobbrew takes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information, including job posting/ad, salary estimate, template, career page, screener question, answer to screener question, resume information, message, or Content, that you submit, send, view, or receive via the services.

You are solely responsible for your interactions with advertisers, employers, and other users, and we are not liable for their online or offline activities, omissions, or other conduct. We are not liable for any incorrect, inaccurate, or unlawful Content (including any information in Profiles) submitted to the services, whether caused by users or by any equipment or programming associated with or used in the services.We are not liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of any communication with advertisers, employers, or other users. We are not liable for any problems or technical malfunctions of any hardware or software caused by technical problems on the Internet or on the services, or any combination thereof, including any injury or damage to users or to any person&squot;s device caused by participation in or downloading materials in connection with the services. We will not be liable for any loss or damage resulting from the use of the services or any Content submitted to the services or transmitted to users under any circumstances.whether online or offline.

WE MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) THE RESULT WILL MEET YOUR REQUIREMENTS.

YOU HEREBY RELEASE THE JOBBREW GROUP FROM ANY AND ALL CLAIMS, DEMANDS, AND LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM: (1) THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES (INCLUDING, ADVERTISERS, EMPLOYERS, AND OTHER USERS) (2) YOUR PARTICIPATION IN ANY OFFLINE EVENTS. (3) THE ACTS OR OMISSIONS OF JOBBREW AND THE JOBBREW TEAM THAT ARISE FROM OR ARE RELATED TO JOBBREW CONTENT, THIRD PARTY CONTENT, EMPLOYER POSTINGS, AND ANY ACT OR OMISSION BY YOU, IN WHOLE OR IN PART, THAT CAUSES YOU DAMAGE, HARM, OR INJURY.

9. Termination

These Terms apply while you use the services and, for registered users, as long as your account(s) is active. You have the option to delete your account(s) at any time. We reserve the right to suspend or terminate your account(s) or access to parts of the services for any reason, with or without notice to you. We will have no liability to you for any termination of your account(s) or related data deletion.

Except for the provisions granting access to or use of the services, all provisions of these Terms shall survive termination or expiration of these Terms. To avoid ambiguity, you agree that these Terms apply to your use of the services and any Content submitted on the services prior to the termination or expiration of these Terms.

10. Changes to These Terms

We reserve the right to change these Terms at any time by posting an updated version via a link on the services. If we make a change that we believe materially reduces or increases your rights or responsibilities, we will notify you via communication (e.g., an email or text message sent to the e-mail address or phone number specified in your account) and/or a notice on the services prior to the change taking effect. We may also provide notice of changes in other circumstances. Any such modifications will not apply to any dispute for which the parties have actual notice prior to the effective date of the revised Terms. Incorporating such modifications. We encourage you to return to this page on a regular basis to get the most up-to-date information on our Terms. Your continued use of the services is subject to the most recent version of these Terms in effect. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

11. Analogous Procedures Or Applications & Pre-Suit Discovery

You agree to waive your right to seek identifying information from Jobbrew through a pre-suit discovery proceeding (or any equivalent procedure in jurisdictions other than the United States). If you intend to seek identifying information from a user, you agree to do so only in response to a valid California subpoena issued in connection with an active lawsuit and properly served on our registered agent in California, Jobbrew, Inc., c/o CT Corporation, 330 N Brand Blvd, Glendale, CA 91203. You also agree that all subpoenas and discovery proceedings arising from such subpoenas will be issued, brought, and resolved exclusively in the state courts of Marin County, California, or the federal courts of the Northern District of California, as applicable.

12. Resolution of Disputes

PLEASE READ THIS SECTION 12 CAREFULLY AS IT AFFECTS YOUR RIGHTS. EXCEPT AS PROVIDED IN SECTION 12.2.3 BELOW, YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND JOBBREW ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION.. YOU AND JOBBREW AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS ARE NOT PERMITTED.

12.1 Informal Dispute Resolution

• In the event that either of us intends to seek arbitration under this section, the parties intended for arbitration must first notify the other party of the dispute in writing at least 30 days before initiating arbitration. You and we agree that the opportunity to meet and confer informally is a material term and a material reason we are providing this service, and you agree to abide by it..

• You and we agree to participate in informal resolution efforts in good faith.

• In the event that you and we are unable to resolve a dispute informally within 60 days of the email notifying us of the dispute, either you or Jobbrew may initiate arbitration proceedings in accordance with section 12.2.

12.2 Arbitration Agreement, Exceptions to Arbitration, Governing Law, and Venue

12.2.1 Arbitration Agreement and Waiver of Class Action/Class Arbitration.

Pertaining to the exclusions to arbitral proceedings set forth in subpart 12.2.4 below, you and Jobbrew each agree that any and all disputes between Jobbrew and consumer (i.e., non-business/commercial) users arising under or related in any way to these Terms and/or your use of our services (and which are not otherwise resolved pursuant to section 12.1) must be resolved through binding arbitration as described in section 12.2. If an arbitrator or court rules that any part of this agreement to arbitrate set forth in section 12.2 is unenforceable, the remainder of section 12 of these Terms will still apply (including the prohibition on class arbitration).

12.2.2 Arbitration Procedure.

• Any arbitral award will be governed by the American Arbitration Association's ("AAA") Consumer Arbitration Rules, as modified by this section. The AAA's rules and a form for starting the process can be found at www.adr.org. Any settlement offer made by you or Jobbrew shall be kept confidential from the arbitrator.

• The arbitration shall be held in San Francisco, California, unless otherwise required by the applicable arbitration rules.

• You and Jobbrew may elect to have the arbitration conducted by audio and/or video communication system (including, but not limited to, telephone conference or a video conference platform such as Zoom) or based solely on written submissions for any claim where the total amount of the award sought is $10,000 or less, which election shall be binding on you and Jobbrew subject to the arbitrator's discretion to require an in-person hearing. Unless the arbitrator orders otherwise, you or Jobbrew may attend an in-person hearing via audio and/or video communication system (including, but not limited to, telephone conference or a video conference platform such as Zoom).

• The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized equity principles, and will honor all legal claims of privilege.

• The arbitrator is not bound by prior arbitration rulings involving different users, but is bound by prior arbitration rulings involving the same user to the extent required by applicable law.

• The arbitrator's award is final and binding, and judgment on the arbitrator's award may be entered in any court with jurisdiction.

12.2.3 Opt-Out Procedure.

IF YOU ARE A NEW USER, YOU MAY REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME.

• This is the only way to opt out of the arbitration agreement outlined in Section 12.2. If you opt out of the arbitration agreement outlined in this section, all other provisions of these Terms, including Section 12, will continue to apply to you. Opting out of the arbitration agreement has no effect on any previous, subsequent, or future arbitration agreements you may enter into or have entered into with us.

12.2.4 Exceptions to Arbitration.

The agreement to arbitration provisions set forth in subparts 12.2.1 and 12.2.2 above will not apply to the following:

• 1. Cases in small claims court that qualify for small claims status;

• 2. Legal proceedings or procedures involving attempts to obtain personal data relating to a user or users, including but not limited to the author of any Jobbrew Content or review;

• 3. Each and every court action decided to bring against any member of the Jobbrew Group by companies or other legal entities, or individuals acting on their behalf;

• 4. Any legal proceedings brought by any member of the Jobbrew Group against companies or other legal entities, or individuals acting on their behalf; and

• 5. The right of a party to seek injunctive or other equitable relief in a competent court to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

• 6. Any claim for general populace preliminary injunction, which must be settled in court rather than by the arbitrator. If either party seeks public injunctive relief, that request shall be severed from any arbitration proceeding and stayed pending the final resolution of the arbitration, at which point the claim may be adjudicated.

• 7. Any claim where any or all of the non-Jobbrew Group parties are located outside of the United States that is not already subject to one of the exceptions listed in section 12.2.4.

• 8. Any claims or causes of action that are prohibited by law from being subject to arbitration.

If, for some reason, the prohibition on class arbitrations in section 12 cannot be enforced, the entire agreement to arbitrate set forth in subparts 12.2.1-3 will not apply; the remainder of section 12 will remain in effect.

12.2.5 Governing Law and Venue.

• For claims not subject to the exceptions to arbitration set forth in subpart 12.2.4, these Terms, as well as any and all claims, disputes, or other legal proceedings by or between you and us, including but not limited to any such claims or disputes related to or arising under these Terms or your access to or use of our services, shall be governed by the laws of the State of California, without regard to any conflict-of-laws principles that may otherwise apply. These claims or disputes shall be brought and litigated exclusively in the state courts of Marin County, California, or the federal courts of the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

• The parties agree that their arrangement under these Terms is in interstate commerce for all claims not subject to the exceptions to arbitration set forth in subpart 12.2.4, and that the Federal Arbitration Act applies to the interpretation of the agreement to arbitrate provisions set forth in section 12.2.

12.2.6 Modifications to the Arbitration Agreement

• We will alert you of modifications to Section 12 by posting the changes at least 30 days before the effective date of the changes and sending notice to the email address associated with your account. It is therefore critical that you keep your email address up to date. You can change your email address on the Account Settings page.

• If you do not agree with the new terms, you may close your account within 30 days and you will not be bound by them. Otherwise, if you continue to use our services, the new terms will apply to all disputes or claims governed by this section 12 that have arisen or may arise between you and Jobbrew after the new terms go into effect.

• Regardless of any provision in these Terms to the contrary, you and we agree that if we change section 12 in the future (other than changing any referenced notice address or site links), that change will not apply to any claim filed in a legal proceeding prior to the effective date of the change.

13. Prohibited Uses

You may use the website and the app (collectively, the “Websites”) only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

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

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

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Content Standards in these Terms and Conditions.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

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

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

Additionally, you agree not to:

Use the Websites in any manner that could disable, overburden, damage, or impair one or more of the sites or interfere with any other party’s use of any of the Websites, including their ability to engage in real time activities through the Websites.

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

Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.

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

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

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

Attack any of the Websites via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of any of the Websites.

14. Miscellaneous

• Unless otherwise specified in another agreement we have with you, these Terms, as well as any other agreements, documents, or policies incorporated by reference in these Terms, constitute the entire agreement between you and us regarding the use of the services, and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms.

• You affirm and guarantee that nobody has given you any promises, guarantees, or representations—express or implied—that are not included in these Terms in an effort to persuade you to sign this contract.

• Any right or term of these Terms that we fail to execute or enforce shall not be deemed to have been waived by us.

• Only that portion of the Terms shall be changed to reflect the parties' intentions or removed to the extent necessary so that the Terms shall otherwise continue in full force and effect and enforceable, if any provision of the Terms is found to be defective or unenforceable.

• To the extent permissible by law, the English language version of these Terms are binding and any translations are offered for convenience only.

• Except with Jobbrew's prior written agreement, you may not assign, transfer, or sublicense the Terms or any rights or obligations herein. However, we may do so without restriction. Any effort by you to assign is against these Terms and is invalid. The section headings in these Terms are purely for your convenience and have no bearing on your rights or obligations. The term "including" has the meaning "including but not limited to" as used in these Terms.