Terms services icon
Terms of Use

Calendar icon
LAST UPDATED: SEPTEMBER 30, 2020

Please read these Terms of Use (this “Agreement”) fully and carefully before using the Site and Services (as described in Section 1 below). This Agreement sets forth the legally-binding terms and conditions for your use of this Site and Services. BY REGISTERING FOR AND/OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THIS AGREEMENT AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES REFERENCED HEREIN, EACH OF WHICH IS INCORPORATED HEREIN BY THIS REFERENCE AND EACH OF WHICH MAY BE UPDATED FROM TIME TO TIME AS SET FORTH BELOW, TO THE EXCLUSION OF ALL OTHER TERMS. You may not use the Services if you do not unconditionally accept this Agreement. If you are accepting on behalf of an organization, you represent and warrant that you have the authority to do so; however, if your organization has entered into a separate contract with Fusion covering its use of the Services, then that contract shall govern instead. Note that if you are a job poster accessing this Site then Your use of this Site is subject to the Talenize terms of use which may be found at https://talenize.com/terms-and-conditions and this Agreement does not apply to You.


EXCEPT FOR CERTAIN TYPES OF DISPUTES DEFINED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FUSION SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In this Agreement, “You” shall refer to you, unless you are accepting on behalf of a company in which case “You” shall mean that organization; and “Fusion” shall refer to Fusion Recruiting Labs, Inc.. Fusion and You are each referred to in this Agreement as a “Party” and collectively as the “Parties.” In consideration of the terms and covenants set forth herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows.

Changes

Fusion may update these Terms of Use and additional terms and policies referred to below from time to time by posting a notice on the Site or by sending You notice.

License

Fusion provides content through the Site that is copyrighted and/or trademarked work of Fusion or Fusion’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and Your compliance with these Terms, Fusion hereby grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for Your personal use. Except for the foregoing license, You have no other rights in the Site or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If You breach any of these Terms, the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials.

Using the Site and the Services on the Site

By using this Site, You represent, acknowledge and agree that You are at least 18 years of age.

You need not register with Fusion to simply visit and view all areas of the website that advertise jobs, and permit candidates to apply to jobs.

Privacy Policy

The Privacy Policy explains how we use information that You submit to Fusion. Please review Fusion’s Privacy Policy, which is available at http://www.findatruckerjob.com/privacy (the “Privacy Policy”).

Links to Third-Party Sites

This Site may be linked to other web sites that are not Fusion sites (collectively, “Third-Party Sites”). Certain areas of the Site may allow You to interact with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities on this Site to be shared with Your contacts in Your Third-Party Site account and, in certain situations, You may be transferred to a Third-Party Site through a link but it may appear that You are still on this Site. In any case, You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Fusion, and You further acknowledge and agree that Your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Fusion is providing links to the Third-Party Sites to You as a convenience, and Fusion does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. You should contact the site administrator or webmaster for the applicable Third-Party Sites if You have any concerns regarding such links or the materials located on a Third-Party Site. IF YOU CHOOSE TO USE SUCH THIRD PARTY SITES OR SERVICES, YOU ENTER INTO AN AGREEMENT WITH SUCH THIRD PARTY ALONE AT YOUR OWN RISK. YOU AGREE THAT Fusion WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Submissions and Feedback

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that You submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that You make. You have full responsibility for each Submission You make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in Fusion’s Privacy Policy, You agree that any Submission provided by You in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Fusion a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of Your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt Your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Fusion agrees to use any personally identifiable information contained in any of Your Submissions in accordance with Fusion’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by You to or through this Site.

When You provide Submissions You agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Fusion to monitor, police or remove any Submissions or other information submitted by You or any other user.

Your suggested improvements to and feedback regarding the Services are not Confidential Information (as defined below), and You grant to Fusion an unrestricted, irrevocable, fully paid-up, and non-exclusive right to use such suggestions and feedback for any purpose.

Unauthorized Activities.

When using this Site and/or the services, You agree not to: This list of prohibitions provides examples and is not complete or exclusive. Fusion reserves the right to (a) terminate access to Your account, Your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Fusion determines is inappropriate or disruptive to this Site or to any other user of this Site. Fusion may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Fusion’s discretion, Fusion will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold Fusion and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Fusion or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that Your use of this Site or the use of this Site by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Job and Job Application

By using the Services, You acknowledge that Fusion does not have control over the quality, accuracy, completeness, veracity or legality of content provided by Job Posters.

By applying for a job You consent to our sharing Your resume together with any additional information You provide to us during the application process with the Job Poster. This means that You give us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in Your resume and any additional information You provide to us, to share or otherwise use such resume and additional information as we reasonably require to fulfil the services we provide to You. Fusion does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Fusion may alert You when any of the above events occur.

You shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site Rules.

Account Creation

Some areas of the Site, including areas that may permit You to set up an account, require You to register or provide an email address. If You so register, You agree to (a) provide true, accurate, current and complete information about Yourself as prompted by our registration form (including Your email address) and (b) be responsible for the confidentiality and use of Your username and password, and not transfer or resell Your use of or access to the Site to any third party. Please note that any individuals with whom You have shared Your username and password and who are able to answer verification questions about Your account may receive access to information regarding Your Fusion account. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

Communications

You agree that Fusion may, as part of its services to You, communicate with You, or share Your information with the third party who is offering the job You have applied for (“Job Poster”), Job Poster may contact Your Fusion account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that You may provide to Fusion. By providing Fusion with a mobile phone number, You expressly consent to receiving communication such SMS via such mobile number either from Fusion or from the Job Poster to who’s job ad You have replied. Your mobile number carrier’s normal fees will apply to all such communications received via Your mobile number. When You give Fusion a mobile number and consent to receiving communication, such communications are inherent to the services You have signed up for. To revoke consent at any time, reply to the text with STOP or contact Fusion Customer Support . For clarity, You agree and understand that texting STOP in response to a Fusion SMS alert will unsubscribe You from all Fusion SMS alerts except those related to Text2Apply and Hiring Events. In order to unsubscribe from text alerts, You must respond STOP within the specific text flows of those products. You may also revoke Your consent by terminating the Agreement through closing Your Fusion account.

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

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

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

Proprietary Rights.

”FatJ” and “FindaTruckerJob.com” are trademarks of Fusion in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Fusion,. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement

Fusion respects the intellectual property rights of others, and we ask You to do the same. Fusion may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Fusion’s designated agent the following information: Fusion’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

Alexander McKeown, (732) 663-9777, at support@fatj.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify You that we have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send Fusion a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Fusion , Fusion Recruiting Labs, Inc. 280 HWY 35 South, Suite 302, Red Bank, NJ 07701, USA. We suggest that You consult Your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA. Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

Disclaimer of Warranties.



Your use of this Site is at Your own risk. The Materials have not been verified or authenticated in whole or in part by Fusion, and they may include inaccuracies or typographical or other errors. Fusion does not warrant the accuracy of timeliness of the Materials contained on this Site. Fusion has no liability for any errors or omissions in the Materials, whether provided by Fusion, our licensors or suppliers or other users.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ABOVE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND FUSION CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY (E.G., JOB OR APPLICATION ACCURACY), AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FUSION, AND FUSION’S SUPPLIERS, PARTNERS AND LICENSORS, AND EACH OF FUSION’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT (AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES) THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, APPROPRIATE, COMPLIANT, OR COMPLETE, OR (V) THE RESULTS OF USING THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS. CUSTOMER’S USE OF THE SERVICES IS SOLELY AT CUSTOMER’S OWN RISK. FUSION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OF, COMMUNICATION BY, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY, A THIRD PARTY THROUGH THE SERVICES, AND FUSION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CUSTOMER AND THIRD PARTIES.

Limitation of Liability.

Fusion SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL Fusion BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Fusion KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

Fusion controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following applicable local laws.

Dispute Resolution and Arbitration; Class Action Waiver

Please read this carefully. It affects Your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@fatj.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between You and Fusion. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means You would retain Your right to litigate Your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between You and Fusion shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. The prevailing Party in any action or proceeding to enforce this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.

For the purpose of this Provision, “Fusion” means Fusion Recruiting Labs, Inc. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and Fusion regarding any aspect of Your relationship with Fusion, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to You (such as Fusion’s licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Fusion an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Fusion Recruiting Labs, Inc. 280 Hwy 35 South, Suite 302, Red Bank, NJ 07701 support@fatj.com. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Claim, and (4) a description of the specific relief You seek. If Fusion does not resolve the Dispute within 45 days after it receives Your written notification, You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, You or Fusion may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Fusion Recruiting Labs, Inc. 280 Hwy 35 South, Suite 302, Red Bank, NJ 07701 support@fatj.com. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes with Fusion through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Fusion. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or Fusion may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.com, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

A Party who intends to seek arbitration must first send to the other Party a written notice of dispute, which must describe the nature and basis of the dispute and set forth the specific relief sought. The location of arbitration will be: Monmouth County, New Jersey, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, The amount of any settlement offer made by You or Fusion shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Fusion is entitled. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. The prevailing Party in any action or proceeding to enforce this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs. You and Fusion will collectively pay all arbitration filing fees and arbitrator’s costs and expenses upon Your written request given prior to the commencement of the arbitration pursuant to the Arbitrator’s rules. You are responsible for all additional fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and Fusion specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into this Agreement You and Fusion are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and Fusion might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any provision or part of a provision in the Agreement is illegal, invalid, or unenforceable by a court or other decision-making authority, then the remainder of the provision will be enforced, and the validity of all other provisions in the Agreement will not be affected or impaired.

Continuation

This Provision shall survive the termination of Your service with Fusion or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Fusion makes any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Fusion to adhere to the language in this Provision if a dispute between us arises.

Confidential information

Confidential Information. “Confidential Information” means any non-public information or data, regardless of whether it is in tangible form, disclosed by either Party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. “Confidential Information” does not include any information which: (i) is publicly available through no fault of receiving Party, (ii) was properly known to receiving Party, without restriction, prior to disclosure by the disclosing Party, (iii) was properly disclosed to receiving Party, without restriction, by another person without violation of disclosing Party’s rights, or (iv) is independently developed by the receiving Party without use of or reference to the disclosing Party’s Confidential Information. Each Party agrees that it will use the Confidential Information of the other Party solely in accordance with the provisions of this Agreement (and for Fusion to provide the Subscription Services) and it will not disclose such information to any third party without the other Party’s prior written consent, except as otherwise permitted hereunder or for Fusion to provide the Subscription Services or make other disclosures identified in the Privacy Policy. Each Party agrees to exercise due care in protecting the other Party’s Confidential Information from unauthorized use and disclosure. Each Party may also disclose the Confidential Information of the other Party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are bound to keep such information confidential consistent with the terms of this Section. In addition, Fusion may disclose this Agreement under a comparable non-disclosure agreement in response to a third-party due diligence request supporting a financing or non-ordinary course of business corporate transaction. Either Party may disclose the Confidential Information of the other as required by law, legal process or court order; provided that, subject to applicable law, it promptly notifies the other Party of such required disclosure in order to allow the other Party to seek a protective order or other appropriate remedy.

Force majeure

Each party will be excused from performance for any period during which, and to the extent that, it or its subcontractor(s) is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence including without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and power failures (“Force Majeure Event”). In the event a Force Majeure Event renders the Subscription Service unavailable for more than thirty (30) consecutive days, You may terminate this Agreement for cause upon written notice to Guardian and receive a refund of prepaid fees starting from the beginning of the period of unavailability due to the Force Majeure Event.

Entire agreement, headings

This Agreement constitutes the entire agreement between You and Fusion with respect to the Site and Subscription Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Fusion with respect thereto. The section and paragraph headings in this Agreement are for convenience of reference only and shall not affect their interpretation. No oral or written information or advice given by Fusion or its employees and other representatives will create any obligations or warranty on behalf of Fusion unless otherwise agreed in a writing signed by an authorized Fusion representative.

Notices

All notices, requests, and other communications will be sent to the You contact detail provided at the time of the account set-up with Fusion, and if to Fusion at the physical and electronic mail addresses set forth for the Contact specified in the Agreement, or to any other addresses as either party may specify to the other in writing. Notice is made when received.

Assignment

This Agreement binds and inures to the benefit of each party’s permitted successors and assigns. Neither party may assign the Agreement, in whole or in part, without the other party’s written consent, except that: (a) Fusion may assign the Agreement without consent in connection with any merger, consolidation, any sale of all or substantially all of its assets, or any other transaction in which more than 50% of its voting securities are transferred; and (b) either Party may assign this Agreement to an Affiliate. Any attempt to assign or transfer the Agreement other than in accordance with this provision is null and void.

Governing law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without reference to its principles of conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the preceding language, You agrees to submit, for purposes of this Agreement, to the jurisdiction and venue of the state and federal courts located in the State of New Jersey. SUBSCRIBER AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SUBSCRIPTION SERVICES OR Fusion MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Relationship of the parties

The Parties are dealing with each other as independent contractors. Neither the Agreement, nor any terms and conditions contained in the Agreement create or constitute an employee-employer relationship, a partnership, a joint venture, a franchise, or an agency between Fusion and the You. Neither Fusion nor the You may bind the other in contracts with third parties or make promises or representations on behalf of the other party without a signed written consent. Employees and agents of one party are not for any purpose employees or agents of the other.

No third party beneficiary

The Agreement is made for the benefit of the You, its Affiliates, and Fusion only, and the Agreement is not for the benefit of any third parties.

No waiver

Waiver of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either party to exercise or enforce any of its rights under the Agreement will act as a waiver of those rights.

Contact Us

If You have any questions about these Terms or otherwise need to contact Fusion for any reason, You can reach us at support@fatj.com, or at Fusion Recruiting Labs, Inc. 280 Hwy 35 South, Suite 302, Red Bank, NJ 07701.