TERMS AND CONDITIONS

Bench Connect REQUIREMENTS – Data Privacy Consent Statement

Welcome to “Bench Connect,” an online mobile marketplace for on-demand temporary staffing owned and operated by Compass Group USA, Inc. (“Compass,” the largest contract foodservice and catering company in the world, https://compass-usa.com). The Bench Connect marketplace is for recruiting, hiring, scheduling, and managing on-demand and temporary staffing for businesses operated by Compass.

These Bench Connect REQUIREMENTS – Data Privacy Consent Statement (the “Statement”) govern legal aspects of your relationship with Compass described herein. You may also be asked to agree to other Compass Policies and Requirements if you become employed by Compass or its Affiliates (“Affiliates” are entities controlling, controlled by, or under common control with the businesses named in herein).

Bench Connect uses a mobile application to enable employment application, scheduling, staffing, and management (the “App”). The mobile application is owned and operated by JJJ International Inc. (doing business under the brand name Jitjatjo) and its Affiliates (collectively,”Jitjatjo,” “Company”, “we”, “us” or “our”). The Terms and Conditions of Use of the App govern legal aspects of your relationship with Jitjatjo and can be viewed in the section following this Statement.

By visiting our website, using the App, or applying for jobs through Bench Connect, you acknowledge your on-going acceptance of this Statement and Compass’s Terms Of Use and Privacy Policy (“Policy”). Your visiting our website, using the App, or applying for jobs through Bench Connect are conditioned on your acceptance of the Policy and any future revisions thereto. By visiting our website, using the App, or applying for jobs through Bench Connect, you are indicating your acceptance to be bound by the Policy and any future revisions thereto. Compass may revise this Data Privacy Consent Statement (the “Statement”) or the Policy at any time. Any such revisions shall be effective immediately. Your continued use of the Site after such revisions have been made will constitute your acceptance of any such revisions. For this reason, you should visit this page periodically to review the Statement and Policy.

If you accept this Statement and authorize us to send emails about similar Compass Group jobs, we will create your profile for our careers website (https://www.compassgroupcareers.com/), and you will be opted-in to receive notifications for similar Compass Group job postings. We encourage you to review your profile and your default notification settings as you use Bench Connect. Note that you can adjust your alert settings at any time. We are excited to keep you informed regarding new job opportunities at Compass Group. Thank you for your interest in potential employment with us!

Compass Group is an equal opportunity employer. At Compass, we are committed to treating all Applicants and Associates fairly based on their abilities, achievements, and experience without regard to race, national origin, sex, age, disability, veteran status, sexual orientation, gender identity, or any other classification protected by law. The information you provide in your application will be used only for processing your application and in response to any legal obligation we may have. Compass Group also provides reasonable accommodations to qualified individuals with disabilities in accordance with the Americans with Disabilities Act and applicable state and local law. If you require assistance or a reasonable accommodation in completing these application materials or any aspect of the application process, please contact our Recruitment Coordinator by calling 1-800-357-0012 (when prompted, please dial extension 3285535). A response to a request may take up to two business days.

TERMS AND CONDITIONS FOR USE OF THE APP

OVERVIEW

Effective date: February 11, 2020

PLEASE READ THESE TERMS CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT YOUR USE OF THE APPAND ARE PROVIDED ON A TAKE IT OR LEAVE IT BASIS.

YOUR USE OF THE APP DOES NOT GUARANTEE EMPLOYMENT OR CREATE AN EMPLOYEE RELATIONSHIP WITH ANY BUSINESS NAMED IN THESE TERMS.

BY REGISTERING FOR THE USE OF THE APP OR USING THE APP IN ANY WAY, YOU ARE ACCEPTING ALL OF THE TERMS.

YOU AGREE (A) THAT THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND JITJATJO THAT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND (B) THAT Bench Connect IS NOT A PARTY TO THESE TERMS.

IN ADDITION TO THESE TERMS, PRIOR TO THE START OF YOUR EMPLOYMENT, AND AS A CONDITION OF YOUR EMPLOYMENT, Bench Connect WILL REQUIRE THAT YOU AGREE TO ITS POLICIES AND REQUIREMENTS (“Bench Connect REQUIREMENTS”),AND YOU WILL BE SUBJECT TO SUCH Bench Connect REQUIREMENTS AND TERMS OF EMPLOYMENT WITH Bench Connect, INCLUDING PRIVACY POLICIES PROVIDED BY Bench Connect.

IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND Bench Connect, THE Bench Connect REQUIREMENTS WILL TAKE PRIORITY IN ANY CONFLICT BETWEEN THESE APP TERMS AND THE Bench Connect REQUIREMENTS,.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT REGISTER FOR OR USE THE APP. BY CONTINUING TO ACCESS OR USE THE APP OR ANY SERVICES OFFERED THROUGH THE APP YOU (“APPLICANT”, “PERFORMER”, “YOU” OR “YOUR”), CONFIRM YOUR ACCEPTANCE OF THE TERMS, WHICH WILL REMAIN IN EFFECT WHILE YOU USE THE APP.

THESE TERMS INCLUDE THE PROVISIONS IN THIS DOCUMENT, AS WELL AS THOSE IN THE PRIVACY POLICY [ https://www.jitjatjo.com/terms/privacy]. YOUR USE OF OR PARTICIPATION IN CERTAIN APP FEATURES MAY ALSO BE SUBJECT TO ADDITIONAL POLICIES, RULES CONDITIONS, AND/OR OTHER SUCH POSTED IN THE APP OR ON THE WWW.JITJATJO.COM WEBSITE (“ADDITIONAL TERMS”), WHICH ARE INCORPORATED HEREIN BY REFERENCE, AND YOU UNDERSTAND AND AGREE THAT BY USING OR PARTICIPATING IN ANY SUCH APP FEATURE, YOU AGREE TO ALSO COMPLY WITH THESE ADDITIONAL TERMS.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JITJATJO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These App Terms are divided into 5 main parts:

the Definitions section, which contains the meanings of capitalized terms used throughout the App Terms,
the How it Works section, which generally describes how you use the App to apply for employment; receive an employment offer; receive, accept, or reject gig offers; get paid, etc, ,
the App Service Terms section, which contains the terms related to your use of our mobile application(s), software, website(s) and related products and services,
the Miscellaneous section, which contains general provisions that apply to these App Terms, and

If you have any questions, comments, or concerns regarding these App Terms, or would like to request a paper copy of these App Terms, please contact us at:

Email: legal@jitjatjo.com

Modifications. From time to time, Jitjatjo may modify these App Terms; we reserve the right to do so at any time, but if we do, we will bring it to your attention by placing a notice on the App, by sending you an email, and/or by some other reasonable means. Accordingly, please continue to review the App Terms whenever accessing or using the App. Your use of the App, or any service procured within the App, after the posting of modifications to the App Terms will constitute your acceptance of the App Terms, as modified. If, at any time, you do not wish to accept the App Terms, you are free to reject them; unfortunately, that means you may not use this App and Bench Connect may immediately terminate your employment. Any terms or conditions proposed by you that are in addition to, or which amend, modify, or conflict with, the App Terms are expressly rejected and shall be of no force or effect.

DEFINITIONS

“Additional Terms” has the meaning set forth in the Overview.

“Affiliates” has the meaning set forth in the Overview.

“App” or “Jitjatjo” has the meaning set forth in the Overview.

“Applicant”, “Performer”, “you” or “your” has the meaning set forth in the Overview.

“Accepted Gig” has the meaning set forth in Section 4(a).

“Availability” means the dates and times you input in the App that you are available to work.

“Booking” means a request for temporary staff that a Bench Connect inputs and confirms in the App.

“Cancellation” means your act of cancelling an Accepted Gig.

“Change Agent” means a salaried employee of Company who communicates with Bench Connect and Performer on behalf of Jitjatjo.

“Credentials” means your username and password that enables access to the App.

“Communication Services” means any communications, including but not limited to any forms, geo-location, notifications, messages, SMS, emails, or communication facilities designed to enable App users to communicate with other App users and/or Company in relation to our Services.

“Company”, “we”, “us” or “our” has the meaning set forth in the Overview.

“Company Parties” means Company and its licensors, suppliers, partners, parent, or Affiliates, and each of their respective officers, directors, members, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns.

“Content” means any text, images, photographs, graphics, audio and video, data, Submissions, or other materials, including user profile data such as names, addresses, and contact details Submitted by you or other users that may be displayed, performed, or made available on or through the App.

“Devices” means all devices you may use to access the App.

“Dismissed” means you are asked not to start, or asked to leave, a Gig before the scheduled end-time.

“Extended Time” means the extra time you worked beyond the scheduled end-time specified in the Gig at the request of Bench Connect.

“Feedback” means any Content you Submit that provides Company with information about reactions, suggestions, recommendations, proposals, or feature requests in relation to the App or Services.

“Force Majeure Event” means an act outside the control of a party that prevents the party from performing their obligations to uphold the App Terms, including but not limited to the compliance of any laws, regulations, orders, acts, instructions or priority of requests of government, acts of god, fires, floods, weather, strikes, lock outs, security accreditation revocation, wars, riots, terrorist acts, delay or shortage in transportation.

“Gig” means a job assignment and period of time between the start-time and end-time for such job assignment.

“Hiring Process” has the meaning set forth in Section 1(a).

“Intellectual Property Rights” means all copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered), and all other intellectual and proprietary rights of any sort throughout the world (including any applications thereof).

“Instant Payment” means the funds advanced to you ahead of the Standard Payment.

“Jitjatjo Business App” means the version of the App made available to Bench Connect.

“Location Coordinates” means the latitude and longitude location.

“Marks” means, collectively, the trade-names, trade-marks, site-marks and logos displayed on the App.

“Minimum Average Rating” means the minimum average acceptable rating established by Company, as may be updated from time to time by Company in its sole discretion.

“Privacy Policy” means Jitjatjo’s Privacy Policy published here: http://jitjatjo.com/terms/privacy

“Proprietary Information” means financial, business, legal, technical, and other proprietary and confidential information relevant to Company’s or any third parties’ (including Bench Connect) business, operations, or properties, that you learn or obtain during your employment or your use of the App or that you receive by or for Company in confidence.

“Rates” means the gross hourly rate paid for Gigs and gross amount paid for Referrals.

“Referrals” means any introduction you provide Company that meets, in Company’s or Bench Connect’s sole discretion, the criteria of their referral policies as amended from time to time.

“Services” means any products or services provided by Company to you, including the process of storing your Availability and assigning you Gigs, in addition to paying you for the Gigs you complete and Referrals you provide.

“Standard Payment” means the payroll process that pays Performer for the Gigs worked and Referrals provided.

“Success Criteria” means a specific threshold for your average Ratings as a Performer that may make you eligible for Instant Payment, as determined by Bench Connect in its sole discretion.

“Submit” means any Content that you create, input, upload, publish, post, transmit, store, share, distribute, disseminate, or otherwise provide using the Communication Services in the App.

“Submissions” means any Content or Feedback you provide or Submit or input, upload, publish, post, transmit, store, share, distribute, disseminate, or otherwise provide using the Communication Services in the App.

“Suppliers” means Company’s suppliers of content, equipment or otherwise.

“Performer Rating” means a rating of you and your performance.

“App Terms” has the meaning set forth in the Overview.

HOW IT WORKS

EMPLOYMENT APPLICATION
Hiring process. By registering your details in the App, you are submitting an application for employment through Bench Connect. The hiring process may include interviews, skills assessments, and reference checks to evaluate your suitability for work (collectively, the “Hiring Process”). Bench Connect does not hire independent contractors to perform services pursuant to Gigs.
Reference checks. By submitting your application for employment, you authorize Company and Bench Connect to conduct reference checks with your current and previous employers and acknowledge that reference information may include verbal and written inquiries or information about your employment performance, professional demeanor, rehire potential, dates of employment, and employment history. Your consent authorizes your current and former employers to be contacted regarding your employment record at their respective organizations. You knowingly and voluntarily release all current and former employers, Company, Bench Connect, and their respective directors, officers, employees, consultants, attorneys, agents and assigns from any and all liability arising from their giving or receiving information about your employment history.
Canceling an application for employment. You may cancel your application for employment at any time by notifying the Human Resources team at info@compassBench Connect.com stating that you wish to withdraw your application. Bench Connect will confirm receipt and cancel your application. If you require your personal information to be removed from the App, please write to us at the address detailed in Miscellaneous, Section 8 (Notices) and request deletion of your content.
ELIGIBILITY. By participating in the Hiring Process, you represent and warrant that you are at least 18 years of age, and that you have the right, authority, and capacity to agree to these App Terms. If you are not at least 18 years of age, you must immediately cancel your application for employment by deleting the App from all Devices. Additionally, you represent and warrant that you meet all of the qualifications and have all of the licenses required by applicable law to provide services for any Accepted Gig, including without limitation the minimum age required to serve alcohol at the Accepted Gig if applicable.
OFFER
Offer of employment. Upon completion of the Hiring Process Bench Connect may offer you employment as a part-time, non-exempt employee, contingent upon an acceptable background check, your providing legal proof of your identity and authorization to work in the United States, and other criteria. You may accept the offer of employment by continuing to use the App. If you are unable to provide legal proof of your identity and authorization to work in the United States, or if you are notified of an unacceptable background check, you must stop using the App and immediately delete it from all Devices.
Accepting an offer. By accepting an offer, you understand and acknowledge that your employment is for no specific period of time. Your employment will be “at-will,” meaning that your employment may be terminated at any time and for any or no reason, with or without cause and without advance notice.
Failing to accept an offer. If you choose to decline the offer, or fail to accept an offer within 1 month by clicking on the decline offer button, you must stop using the App and immediately delete it from all Devices.
No guarantee of hours. You are not guaranteed a minimum number of work hours per week.
PAYMENT
Rates. Rates are displayed in the App and by accepting a Gig in the App, you agree to work that Gig at that hourly rate (“Accepted Gig”). Bench Connect reserves the right to change Rates without notice, except for Gigs you have started working.
Payment; Instant Payment. If you achieve or exceed the Success Criteria, Bench Connect may advance an Instant Payment. You shall only remain eligible for Instant Payments for so long as your average Performer Ratings remain above the Success Criteria. Any Instant Payment shall offset the Standard Payment amounts owed to you and shall not be in addition to such amounts. Each Instant Payment shall be a one-time advance and shall not affect the timing of any other Standard Payment.
Cancellation. If a Gig has been accepted, but the Bench Connect cancels within 24 hours of the scheduled start time of the Gig, or the Gig was posted by mistake, you will be notified immediately and you will receive 4 hours pay at the Rate displayed when you accepted the Gig.
Sole rights. You retain the sole right to determine which Gigs you choose to accept and fulfill and when and how often you utilize the App or the Services. You retain the option through the App to to accept, decline, or ignore Gig offers, or to cancel an accepted Gigs, subject to our then-current cancellation policies.
Jitjatjo’s Relationship with Bench Connect. While Jitjatjo tries to partner only with clients who meet our high standards, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with Bench Connect. To the maximum extent permissible by law in the jurisdiction of Bench Connect’s work site, the Company is not responsible or liable for Bench Connect’s actions or inactions in relation to your activities. You acknowledge and agree that Jitjatjo may release your contact information, if any, to Bench Connect upon such its reasonable request.
GIGS; OFFERS. You may receive Gig offers through the App, which may include basic information related to such Gig, such as the quoted Rate, and the type of work requested.. You may use the App to accept offers for Gigs that you are willing and able to fulfill. You may not accept offers for Gigs that you are not able to or do not intend to fulfill. You will be notified if your acceptance is successful, in which case, you may be provided with certain additional information through the App regarding the Gig. You acknowledge and agree that once you have accepted a Gig, we may provide certain information about you to Bench Connect or Compass, including your name and contact information. Unless otherwise expressly agreed to by Jitjatjo, (i) you will be solely responsible for determining the most effective, efficient and safe manner to perform services related to the Gig, and (ii) you are responsible for providing all necessary equipment, tools and other materials (such as clothing), at your own expense, necessary to perform the Gig.
RATINGS
Process. You acknowledge and agree that after you perform a Gig, (i) Bench Connectmay be asked to provide a Performer Rating and/or comments or feedback about you and your performanceI.
Minimum ratings requirement. Our goal is to provide you and Bench Connect with access to high-quality service experiences. In order to continue to receive access to the App and the Services, you must maintain an average Performer Rating that exceeds the Minimum Average Rating. In the event your average Performer Rating falls below the Minimum Average Rating, you will be notified and you may be provided a limited period of time to raise your average Performer Rating above the Minimum Average Rating. If you do not increase your average Performer Rating above the Minimum Average Rating within the time period allowed (if any), your right to use the App may be terminated.
Sharing. Jitjatjo reserves the right to use, share, and display ratings and comments in any manner in connection with JJJ’s business without your approval.
PERSONAL INFORMATION
Privacy policy. By using the App you agree to the collection, transfer, storage, and use of your personal information as described in our Privacy Policy (https://www.jitjatjo.com/terms/privacy). Jitjatjo will manage any personal information it collects via the App in accordance with its Privacy Policy. By using the App, you consent to such processing. By registering your details in the App and submitting an application for employment through Bench Connect, you also agree to the terms in the Bench Connect REQUIREMENTS – Data Privacy Consent Statement in the section at the top of this screen. Upon hiring, you will also be subject to Bench Connect REQUIREMENTS and additional terms of employment with Bench Connect, including privacy policies provided by Bench Connect.
Accuracy of data. Please take due care and attention to confirm the information included in your profile, application, HR forms and all Submissions is complete and accurate, as any information included or omitted from your profile, communications or Submissions may affect our ability to provide the Services. You warrant that all data provided by you is correct. Company cannot and does not guarantee the security of your personal information despite whatever steps Company may take to protect such information.
Marketing communications. You also agree to receive marketing communications from Company and Bench Connect unless you inform Company in writing that you prefer not to receive such communications.
Location data. Company collects Location Coordinates of Devices for a period of time (i) prior to the scheduled start of an Accepted Gig for the purpose of confirming when you begin providing services for an Accepted Gig, and (ii) following the scheduled end of an Accepted Gig for the purpose of confirming that the Accepted Gig is completed. In addition, Company may collect the Location Coordinates of the Devices to verify your location at Bench Connect’s site. Company may also disclose your location and contact information as required by applicable law or when Company believes that such disclosure is necessary to protect the rights, property, or safety of Company Parties, App users, Bench Connect, or others. Company has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which you provide the services for an Accepted Gig or the frequency with which you use the App to apply for Gigs. Company retains Location Coordinate information to confirm that the Accepted Gigs have been completed and retains de-identified Location Coordinates data indefinitely. By executing these App Terms, you agree to the use and disclosure of Location Coordinates information as described above.
Legally required disclosures. In accordance with its Privacy Policy, Company reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
PUBLICITY RELEASE. You hereby grant the irrevocable, perpetual and unrestricted right and permission to Company and Bench Connect to take, use, re-use, publish, and republish, or otherwise exploit photographic portraits, pictures, audio or video of you or in which you are included, as well as your name, image, and/or likeness, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with your own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium, and in any and all media now or hereafter known, specifically including but not limited to print media, motion image and video content for distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. You consent to the use of any published matter in conjunction with such photographs, audio, and video content. You waive any right that you may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied.
DISPUTES
Disputes with other users. You are solely responsible for all interactions with other users. In the event that there is any dispute, claim, or action between or against any other user of the App or any third party, you acknowledge and agree that we and Bench Connect are under no obligation to become involved, and you agree to pursue such dispute, claim or action independently of, and without any demands from Company Parties and Bench Connect, and you release Company Parties and Bench Connect from all claims, liability, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way connected to the dispute, claim, action, and/or the App. You shall and hereby do waive any law of any jurisdiction which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Third-Party Claims. In the event that a claim or action is brought by a third party against Company or Bench Connect from your activities or use of the App or the Services, including any breach by you of these App Terms, you agree to pay, hold harmless and defend Company and Bench Connect in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow Company and Bench Connect to assume the exclusive defense and control of the matter at our discretion.
DISMISSALS
Payment after dismissal. If you are Dismissed after you have commenced a Gig, you will be paid for the hours of work that you completed but, if you had worked less than 4 hours, you will be paid a minimum of 4 hours at the Rate for that Gig.
TERMINATION. Either you, Bench Connect, or Company may terminate your employment at any time, and for any or no reason at all, with or without cause and without advance notice. JitJatJo and Bench Connect may also immediately terminate your access to the App and Services, which will constitute a termination of your employment, for any reason or no reason at all, including without limitation if we determine you have breached any of the Terms. If you are terminated from the Services, you may not access or use the App or the Services through a new account. Upon your termination of employment, you shall be entitled to: (i) any Gross Pay earned but unpaid through the date of termination, and (ii) payment of any unpaid expense reimbursements through the date of termination of employment. Company and Bench Connect are under no obligation to pay severance.
REPORTING. If you become aware of any breaches of the App Terms, please report such breaches to Company immediately.
EMPLOYMENT DISPUTES. All disputes related to your employment with Bench Connect shall be resolved in accordance with Bench Connect Requirements.
PROPRIETARY INFORMATION.
Restrictions on Use. In the course of performing services for Company or Bench Connect, you may receive or encounter Proprietary Information. You will hold Proprietary Information in strict confidence (using no less than a reasonable degree of care) and not directly or indirectly disclose or use any Proprietary Information, except as required within the scope of your employment. The obligations in this section shall not apply to any information that is made generally available to the public without breach of these App Terms. You may disclose Proprietary Information as required by law or court order; provided that you provide Company with prompt written notice thereof and use your best efforts to limit disclosure. Furthermore, you understand that these App Terms do not affect your immunity under 18 USC Sections 1833(b) (1) or (2), which read as follows:

An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order.

Upon Termination. Upon expiration or termination of these App Terms or your employment (for any or no reason, whether voluntary or involuntary), you will promptly identify and, as directed by Company, destroy, delete or return to Company or Bench Connect all items containing or embodying Proprietary Information, except that you may keep your personal copies of (i) your compensation records, and (ii) these App Terms.

APP SERVICE TERMS

ACCESS TO THE APP

Access to the App and Services is permitted on a temporary basis and Company reserves the right to withdraw or amend the App and Services without notice. You are responsible for making any arrangements necessary for you to have access to the App.
You may be required to sign up for an account, and select Credentials in order to access and use the App. You promise to provide us with accurate, complete, and updated registration information about yourself.
You may not transfer your account to anyone else. You agree to (i) keep your Credentials confidential at all times and not to disclose them to any other individual or entity, and (ii) take reasonable steps to prevent others from obtaining your Credentials. You will inform us immediately if at any point your Credentials have been compromised and/or are being misused by another party. You must take such action as is requested by us to prevent such misuse.
We have the right to disable any Credentials at any time, if in our opinion you have failed to comply with the provisions of these App Terms. You agree that you are fully responsible for (i) maintaining the confidentiality of your Credentials, and (ii) any breach of this obligation, including any damages which flow from, or are connected to, such breach, including without limitation for all activities conducted using your Credentials.
You will only use the App for your own internal, personal use, and not on behalf of, or for the benefit of, any third party. Any use in connection with any non-Company commercial endeavors is strictly prohibited. You will comply with all laws that apply to you, your use of the App, and your actions and omissions that relate to the App. If your use of the App is prohibited by applicable laws, then you aren’t authorized to use the App. We can’t and won’t be responsible for your using the App in a way that breaks the law.
We take care to advertise to individuals who are at least 18 years of age or older and do not knowingly collect or solicit any personally identifiable information from children under the age of 13; if you are under 18, please do not register for the App or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at legal@jitjatjo.com. We are not responsible for any misrepresentations related to user’s age and reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users.

COMMUNICATION

Communication services. The App may contain Communication Services. As part of the App, you may receive communications through the App, including messages that Company sends you (for example, via email, chat/instant messaging, or SMS). When signing up for the App, you will receive a welcome message and instructions on how to stop receiving the following messages:

Availability Reminder
Payment Notifications
SMS Gig Invites

Wireless communications. By signing up for the App and providing us with your wireless number, you confirm that you want Bench Connect and Company to send you information regarding your account or transactions with us, which may include Company using automated dialing technology to text you at the wireless number you provided, and you agree to receive these communications, and you represent and warrant that each person you register for the App or for whom you provide a wireless phone number has consented to receive these communications.
Text messages. Note that if you elect to receive text messages through the App, including without limitation through the Communications Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the App.

CONTENT

Intellectual property. Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the App, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else’s (including Bench Connect’s or Company’s) rights.
License grant. Subject to these App Terms, we grant you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the App. Use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the App is expressly prohibited without prior written permission from us.
No warranties. Any information or Content publicly posted or privately transmitted through the App is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we and Bench Connect aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us and Bench Connect from all liability for you having acquired or not acquired Content through the App. We can’t guarantee the identity of any users with whom you interact in using the App and are not responsible for which users gain access to the App.
Bookings. You acknowledge and accept that Bench Connect may view your contact details in the App and that Benc and Company may communicate with you via the App or these contact details.
Your content. You further agree that you are fully and solely responsible for all Content that you Submit, including its legality, reliability, appropriateness, originality, and copyright. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. We will not be responsible, or liable to any third party, for the Content or accuracy of the Content you Submit.
License to your content. Company and Bench Connect do not claim ownership of your Submissions. However, by creating or Submitting your Submission, you hereby automatically grant Company, Bench Connect, and other users of the App permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights and license to: (i) use, copy, disclose, distribute, transmit, publicly display, publicly perform, truncate, aggregate, reproduce, edit, translate, modify, prepare derivative works of, reformat, incorporate into other works and otherwise fully exploit your Submission for any and all purposes in connection with the App and our (and our successors’ and assigns’) businesses, including, without limitation, for operating, promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after your termination of your account or the App, (ii) grant and authorize sublicenses of the foregoing, and (iii) publish your name in connection with your Submission. You agree that the licenses you grant are non-exclusive, royalty-free, perpetual, irrevocable, fully paid, sublicensable, transferable, and worldwide. You understand and agree that Company, in performing the required technical steps to provide the App to our users (including you), may need to make changes to your Submissions to conform and adapt those Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. We reserve the right to disclose your identity to any third party who claims that any Submission you Submit to the App constitutes a violation of their Intellectual Property Rights, or of their right to privacy. No compensation will be paid with respect to the use of your Submissions, as provided herein. Company is under no obligation to post or use any Submissions you may provide and may remove or edit any Submissions at any time in Company’s sole discretion.
Warranties. By creating or Submitting your Submission, you warrant and represent that (i) you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to Submit the Submission and to grant the licenses herein without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights, (ii) all Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and (iii) you will keep all your registration information accurate and current.
Content Review. We are entitled, but not obliged, to review and delete any Content that in our sole judgment violate these App Terms, does not provide sufficient information, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users of the App. Company has no obligation to monitor the Communication Services. However, Company and Bench Connect reserve the right to review materials posted to a Communication Service and to remove any materials in their sole discretion.

INTELLECTUAL PROPERTY; APP. This App is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The App is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the App are owned by Company or third parties. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the App. All Intellectual Property Rights in the App belong to and vest in Company, or are licensed to Company unless otherwise specified. All such rights of Company are hereby asserted and reserved.

AUTHORIZED USE; RESTRICTIONS OF USE

Authority. By accessing and using the App, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these App Terms and to abide by these App Terms.
Suspension or revocation of access. We are entitled to investigate and revoke or suspend your access to the App and Services, including without limitation the Communication Services, at any time without notice for any reason whatsoever, including without limitation (i) your breach of these App Terms, (ii) termination of your employment by Company, or (ii) if you are deemed in our sole discretion to have (a) misused the App, including without limitation the Communication Services or the Services, or (b) behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or prohibited by these App Terms. Company has the sole right to decide whether you are in violation of any restriction set forth in these App Terms. You agree that your use of the App is with the revocable permission of Company. Company reserves the right to take any and all appropriate legal action.
No illegal purposes. You may not use the App for any illegal purpose or in any manner inconsistent with the App Terms. You agree to use the App solely for your personal use, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. Illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the App will be investigated, and appropriate legal action will be taken at our sole discretion.
No competition. You agree not to use, transfer, distribute, or dispose of any information contained in the App in any manner that could compete with the business of Company.
Company intellectual property. You acknowledge that the App has been developed, compiled, prepared, revised, selected, and arranged by Company and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money, and constitutes valuable intellectual property and trade secrets of Company and such others. You understand that Company owns the App. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, or otherwise exploit any of the App.
Copying content. The App may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Protection. You agree at all times, including upon expiration or termination of these App Terms, to (i) protect the proprietary rights of Company and all others having rights in the App, and (ii) comply with all reasonable written requests made by Company or Suppliers to protect their and others’ contractual, statutory, and common law rights in the App.
Notification. You agree to notify Company in writing promptly upon becoming aware of any unauthorized access or use of the App by any party or of any claim that the App infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
Additional restrictions. You may not:

copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the App, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the App. Without limiting the generality of the foregoing, the analysis and presentation included in the App may not be recirculated, redistributed or published by you without Company’s prior written consent.
offer any part of the App for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, satellite transmission, a computer network or hyperlink framing on the internet without the prior written consent of Company. Modification of the App’s content would be a violation of Company’s copyright and other proprietary rights.
use the App and the information contained therein to construct a database of any kind, or store the App (in its entirety or in any part) in databases for access by you or any third party or to distribute any database, apps, or sites containing all or part of the App.
use the App in any way to improve the quality of any data sold or contributed by you to any third party.
use any Marks, except as expressly provided in these terms. Nothing appearing on the App or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
use any or all of the App or the information contained therein for any purpose other than the permitted use set out above or hack, attempt to hack, distribute, modify, transmit, re-use same for any reason;
make any public or commercial use of the App without Company’s prior written consent;
provide hypertext links, URL Links, graphic links, hyperlinks, or other direct connection to the App for profit or gain or to avoid payment (by you or others) without Company’s prior written permission;
display, publish, copy, print, post, modify, or otherwise use the App and the information contained therein for the benefit of any third party or website or app without Company’s express written consent;
process or otherwise use the information contained on or within the App for any illegal or immoral purpose nor use or process the same unfairly; or
remove or obscure any copyright notices and other proprietary notices contained on the App.

Content restrictions. You represent, warrant, and agree that you will not contribute any Content or Submission or otherwise use the App or interact with the App, including through your use of Communication Services, in a manner that:

Violates any applicable U.S. federal, state, local, and foreign laws and regulations, including without limitation any applicable employment and anti-discrimination laws, export control laws, or any laws regarding the transmission of any data obtained from the App (as defined herein) in accordance with the App Terms, or any other purpose not reasonably intended by Company. If your use of the App is prohibited by applicable laws, then you aren’t authorized to use the App. We can’t and won’t be responsible for your using the App in a way that breaks the law;
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, including submitting Content that is discriminatory on the basis of race, color, sex, sexual preference, age, physical or mental disability, marital status, family or career responsibilities, pregnancy, religion, political opinion, national extraction, or social origin;
Infringes or violates the legal (such as rights of privacy and publicity) or intellectual property rights or any other rights of anyone else (including Company);
Reveals the identity or any personal details of any other user of the App without that user’s permission;
Expresses or implies that any statements you make are made or endorsed by us;
Falsifies or deletes any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restricts or inhibits any other user from using and enjoying the App;
Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
Advertises or offers to sell or buy any goods or services for any business purpose, unless the Communication Service specifically allows such messages;
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
Jeopardizes the security of your Company account or anyone else’s (such as allowing someone else to log in to the App as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the App, or any processes that run or are activated while you are not logged into the App, or that otherwise interfere with the proper working of the App (including by placing an unreasonable load on the App’s infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the App or Content (through use of manual or automated means);
Upload files or code that is technically harmful such as computer viruses, “Trojan horses,” worms, logic bombs or other malicious software or harmful data or any other similar software or programs that may damage the operation of the App or another user’s computer or mobile device;
Copies or stores any significant portion of Content;
Violates any code of conduct or other guidelines which may be applicable, including for any particular Communication Service; or
Interferes or disrupts networks connected to the App.

Termination. A violation of any of the foregoing is grounds for termination of your employment and your right to use or access the App.

APPLE APP STORE TERMS. These App Terms apply to your use of the App, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

Both you and Company acknowledge that the App Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the App for your private, personal, non-commercial use, subject to all the terms and conditions of these App Terms as they are applicable to the App;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these App Terms, and that upon your acceptance of these App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these App Terms against you as the third-party beneficiary hereof.
In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

THIRD-PARTY MATERIALS

No endorsement. Links from or to websites or the App outside the App, including downloadable software sites, are meant for convenience only. Company does not review, endorse, approve, or control, and is not responsible for any sites linked from or to the App or for any third party that you interact with through the App, including without limitation the content of those sites, the third parties named therein, their privacy policies, their opinions, their practices, or their products and services.
Company is not responsible. Linking to any other site or interacting with any third party through the App is at your sole risk and Company and Bench Connect will not be responsible or liable for any damages in connection with such linking or interactions, including without limitation for any difficulties or consequences associated with downloading software. The content of other websites, services, goods, or advertisements that may be linked to the App is not maintained or controlled by Company or Bench Connect. Company and Bench Connect are therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the App. Company and Bench Connect do not:

Make any warranty, express or implied, with respect to the use of the links provided on, or to, the App;
Guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, applications, services, goods, or advertisements that may be linked to the App; or
Make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the App.

Third-party content. You understand that Company and/or third-party contributors to the App may choose at any time to inhibit or prohibit their Content from being accessed under the App Terms.
Release. We encourage you to be aware when you leave the App and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the App, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

DISCLAIMERS

We and Bench Connect cannot guarantee and do not promise any specific results from use of the App and/or the Services. To the maximum extent permitted by law, Company and Bench Connect give no warranties, guarantees, representations, or conditions as to the App or the Services.
Company Parties and Bench Connect make no representations or warranties of any kind, express or implied, including, but not limited to, (i) regarding any Content contained in or accessed through the App, (ii) that any suitable work will be available, or (iii) regarding suggestions or recommendations of services, products or Gigs offered through or in connection with the App. Company Parties and Bench Connect will not be responsible or liable for any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the App. Company Parties do not act as agent for any employers, job-seekers, or other users. Company Parties do not endorse any of the information, businesses, or job-seekers on the App and recommends that prior to accepting any Gig, that you obtain your own independent advice. You are responsible for making your own determinations that any services or Gigs are suitable. It is your responsibility to assess the accuracy and completeness of the material on the App.
Company and Bench Connect do not warrant that the App is compatible with your equipment or is free of errors or viruses, worms, or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features.
Company and Bench Connect do not represent, guarantee or endorse the accuracy, completeness or reliability of any Content, advice, opinion, statement, or other information displayed, uploaded, or distributed through the App by us, our partners or any member or any other person or entity. Users acknowledge that any reliance upon such Content, advice, opinion, statement, or information is the user’s own risk and Company and Bench Connect are not responsible for any such reliance, including without limitation for any loss or damage resulting from such reliance.
To the extent permitted by law, Company and Bench Connect are not responsible for the conduct, whether online or offline of users. Please use caution and common sense when using the App.
You agree that Company, its Suppliers and its third-party agents shall, to the maximum extent permitted by law, have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Company, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the App, or (ii) any fault, inaccuracy, omission, delay or any other failure in the App caused by your computer equipment or arising from your use of the App on such equipment.
YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE APP AND ANYTHING CONTAINED THEREIN ARE PROVIDED BY COMPANY (AND ITS SUPPLIERS AND THIRD-PARTY AGENTS) ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT FOR EMPLOYMENT CLAIMS OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) AND UNDER NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), SHALL Bench Connect OR ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE APP OR ANY LINKS OR ITEMS ON THE APP OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR (II) ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE.
SHOULD FOR ANY REASON A COMPETENT COURT FIND THE ABOVE LIMITATION UNENFORCEABLE, Bench Connect’S OR COMPANY’S LIABILITY IN RESPECT TO ANY NON-EXCLUDABLE WARRANT OR CONDITION SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO COMPANY IN THE PRECEDING 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

CONTINUED SERVICE

No service guarantee. While Company will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and Company does not give any promises or warranties (whether express or implied) about the availability of the App or our Services.
No liability. If we cannot do what we have agreed to in these App Terms because of something beyond our reasonable control including, without limitation, disputes involving Change Agents, Performer or third-party services, or a Force Majeure Event, you agree that we are not liable for this.

MODIFICATION OF THE APP. We’re always trying to improve the App, so it may change over time. We may suspend or discontinue any part of the App, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the App. We reserve the right to remove any Content from the App at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these App Terms), in our sole discretion, and without notice.
RESOLUTION OF DISPUTES. We will attempt to resolve any disagreements between you and us in a timely and proper manner. If you are not satisfied with our approach in dealing with any disagreement between you and us and you wish to initiate court proceedings, the laws of New York State, govern this contract and you may only pursue a legal action or proceedings in relation to the App or our Services in the State of New York, United States of America.
ARBITRATION AGREEMENT; CLASS ACTION WAIVER

Arbitration Agreement.

Except as set forth below, Company you agree to resolve any and all statutory and/or common law claims, disputes or controversies arising out of or relating to the employment relationship and/or the termination of employment with Company (including claims you may have against the Company and all related and affiliated entities, and past and present partners, directors, trustees, officers, employees, and agents of each of them) exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its National Rules for the Resolution of Employment Disputes or the Judicial Arbitration and Mediation Services (“JAMS”) under its Employment Arbitration Rules and Procedures The types of claims covered are claims involving legally protected rights or recognized legal claims. Some, but not all, of the types of claims covered are: unpaid wages or commissions; discrimination or harassment on the basis of race, sex, age, national origin, religion, disability or any other unlawful basis; breach of contract; unlawful retaliation; wrongful discharge; whistleblower, defamation; and employment-related tort claims and any other federal, state, or local statute, regulation, or common law doctrine, regarding employment discrimination, conditions of employment, or termination of employment. These App Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1. Claims not covered are those claims seeking injunctive relief and/or damages related to any employment agreements between Company and you, due to unfair competition, the use, misappropriation or unauthorized disclosure of trade secrets, intellectual property and/or confidential information, due to wrongful conversion, and/or due to the breach of express or implied covenants restricting your business activities. The arbitrator’s authority will be limited to determining whether Company violated a contractual, statutory, or common law obligation and the arbitrator will have no authority to expand Company’s or your rights and/or remedies other than those provided by law.
Company and you agree that binding arbitration shall be the sole and exclusive remedy for the resolution of claims and you are waiving your right to bring any such Claim(s) in a court of competent jurisdiction and any right to a trial by jury. You further agree to waive your right to a jury trial in any action or proceeding related to any Claim covered under these App Terms. You also agree that any dispute that is covered by this Arbitration Agreement shall proceed on an individual basis not consolidated with any other claim. These App Terms do not permit class arbitrations. You waive any right to participate in a class claim. The arbitration will take place in the State where you worked for Company during the 12-month period preceding the request for arbitration.
The AAA National Rules or the JAMS Employment Arbitration Rules will govern the allocation of costs between the parties unless otherwise agreed. The parties agree that the party initiating the arbitration must pay in advance any filing fee required by AAA, provided however, that if you initiate the arbitration, Company will pay for that part of the filing fee in excess of the fee that your would have paid to file suit in state court in the state in which you work or worked for Company. The remaining expenses of the arbitration (including AAA’s or JAMS’ administrative fees, the arbitrator’s compensation, and any required deposits) shall be paid by Company during the arbitration and are subject to reapportionment by the arbitrator as part of the written award and in accordance with applicable law. You are responsible for your own attorneys’ fees, except to the extent that the arbitrator awards such fees in accordance with applicable law. Any controversy or claim arising out of or relating to this agreement to arbitrate, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or JAMS.

Illinois: New legislation passed in IL requires arbitration agreements to specifically exclude discrimination and harassment claims (or risk the entire arbitration agreement to be deemed unenforceable). Further, arbitration agreements drafted by employers may not: (1) shorten applicable limitation periods for claims; or (2) limit an employee’s right to assert claims or remedies available under state or federal law – e.g., by prohibiting class actions. Therefore, it also prohibits class action waivers. It is unlikely that these provisions will survive challenge under the Federal Arbitration Act (FAA) and U.S. Supreme Court precedents; however, until a court addresses them, the enforceability of an arbitration agreement that includes a class action waiver and does not exclude sexual harassment claims, such as the version currently in the TOS, is unclear.
Maryland: A similar law exists in Maryland that states that any provision in an employment contract, policy or agreement that waives any "substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment" is null and void. Furthermore, employers may not discharge, suspend, demote, discriminate against or otherwise retaliate against an employee who refuses or fails to enter into an agreement that contains a waiver that is void under the act. As an attempt to keep the broader language and strengthen its potential enforceability, we have included a reference to the FAA.
New Jersey: The New Jersey Law Against Discrimination (LAD) was recently amended to bar the enforcement of non-disclosure provisions in employment contracts and prohibits the waiver of substantive and procedural rights under the statute. The revisions are intended to bar arbitration of LAD claims. Legal challenge is expected as the amendment appears to conflict with the FAA, which preempts state law that prohibits the use of arbitration agreements.

MISCELLANEOUS

NO CONFLICTS. You have not made, and agree not to make, any agreement, oral or written, that is in conflict with these App Terms or your employment with Company. You will not violate any agreement with, or the rights of, any third party.
ENTIRE AGREEMENT. These App Terms, our Privacy Policy and any Additional Terms constitute the entire agreement between you and Company, and take precedence over and cancel all prior agreements, arrangements, communications and other understandings relating to the subject matter of these App Terms, whether verbal or in writing.
SEVERABILITY. The invalidity or unenforceability of any provision of these App Terms will not affect the validity or enforceability of any other provisions. If any terms are found to be non-binding on either Company or you, then the remaining terms will survive.
NO WAIVER. Any failure to enforce any particular provision does not waive our rights to subsequently enforce that provision. No failure or delay on the part of either party to exercise any right or remedy shall (i) be deemed a waiver of such right or remedy, or (ii) limit any other right, remedy with respect to the same or any other matter.
SURVIVAL. Provisions that, by their nature, should survive termination of these App Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
GOVERNING LAW. These App Terms shall be governed by and construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of New York, applied without reference to principles of conflicts of laws. In any circumstances where the arbitration agreement permits either you or Company to litigate any dispute arising out of or relating to the subject matter of these App Terms in court, then the arbitration agreement will not apply to either party, and both you and Company agree that all disputes arising under this Agreement shall be resolved exclusively through the state or federal courts located in the Borough of Manhattan in the State of New York or the federal district in which that borough falls. You consent to the exclusive jurisdiction of such courts and waive any defense with regard to the lack or personal jurisdiction or improper venue.
ASSIGNMENT. You may not assign, delegate or transfer these App Terms or your rights or obligations hereunder, or your App account, in any way (by operation of law or otherwise) without Company’s prior written consent. Company may assign, delegate or transfer these App Terms in our sole discretion without consent.
NO THIRD-PARTY BENEFICIARIES. Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Company agree there are no third-party beneficiaries intended under these App Terms.
NOTICES. Except as otherwise provided herein, all notices under these App Terms will be in writing, in English and delivered to the parties at their respective addresses stated herein or at such other address designated by written notice. Notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by certified or registered mail, return receipt requested.

To Company. Your notices to Company must be sent by registered mail to:

Attn: Legal Counsel

JJJ International Inc.

154 Grand Street

New York, NY 10013,

United States

To you. Company will send notices to you via the email address you provide, or by registered mail to the address you provided in the App. Notices sent by registered mail will be deemed received five days following the date of mailing.

FORCE MAJEURE. Neither you nor we will be liable for any failure or delay in under these App Terms if the failure or delay is caused directly by a Force Majeure Event.
HEADINGS. The headings of the sections of these App Terms are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these App Terms.