Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and JobsBloom, LLC, a Georgia limited liability company ("JobsBloom," "we," "us," or "our"), governing your access to and use of the website located at jobsbloom.com, all subdomains, mobile applications, application programming interfaces, and related career-recovery services (collectively, the "Services").

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN SECTION 15. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICES.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher, to register for an account. By using the Services, you represent and warrant that (i) you have the legal capacity to enter into a binding contract; (ii) you are not barred from receiving services under the laws of the United States or any other applicable jurisdiction; and (iii) all registration information you submit is truthful, accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to (i) notify us immediately of any unauthorized use of your account at security@jobsbloom.com; (ii) refrain from sharing your login credentials; and (iii) cooperate fully with any investigation of suspected security incidents. We reserve the right to suspend, restrict, or terminate any account that we, in our sole discretion, believe has been compromised or used in violation of these Terms.

Certain features of the Services are offered on a subscription basis. By purchasing a subscription, you authorize us, through our third-party payment processor, to charge the payment method you provide for all applicable fees, including taxes, on a recurring basis until you cancel.

Subscriptions renew automatically at the then-current price unless canceled before the renewal date. Except where required by applicable law (including, where relevant, the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq.), all fees are non-refundable and non-creditable. Refund or proration requests may be submitted via the Contact Us page and will be evaluated on a case-by-case basis.

Subject to your continued compliance with these Terms and timely payment of applicable fees, JobsBloom grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, lawful career-recovery purposes. All rights not expressly granted are reserved.

You retain all ownership rights in any content you submit, post, or transmit through the Services ("User Content"). You hereby grant JobsBloom a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works of your User Content solely for the purpose of operating, providing, and improving the Services.

You represent and warrant that (i) you own or have obtained all necessary rights to grant the foregoing license; and (ii) your User Content does not violate any third-party right, including intellectual property, privacy, or publicity rights, and does not contain unlawful, defamatory, obscene, or harassing material.

You agree not to, and not to permit any third party to:

• Use the Services for any unlawful purpose or in violation of any federal, state, or local law, including the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and the Georgia Computer Systems Protection Act, O.C.G.A. § 16-9-90 et seq.;
• Harass, threaten, defame, or discriminate against any User or member of our team;
• Misrepresent your identity, employment status, or affiliation with any organization;
• Scrape, crawl, or harvest data from the Services without our prior written consent;
• Reverse engineer, decompile, or attempt to derive the source code of any portion of the Services;
• Introduce viruses, worms, malware, or other malicious code;
• Circumvent rate limits, authentication, or other security mechanisms; or
• Use the Services to send unsolicited commercial communications in violation of the CAN-SPAM Act, 15 U.S.C. § 7701 et seq.

The Services may permit interactions with employers, recruiters, coaches, and other third-party service providers. JobsBloom does not employ such third parties and does not endorse or guarantee any job, coaching outcome, or employment offer. Any agreement entered into between you and a third party is solely between you and that third party, and JobsBloom disclaims any liability arising therefrom.

The Services, including all software, text, graphics, logos, trademarks, and audiovisual content (excluding User Content), are the exclusive property of JobsBloom or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The "JobsBloom" name and the bloom flower logo are trademarks of JobsBloom, LLC, and may not be used without our prior written permission.

JobsBloom complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe that material on the Services infringes your copyright, you may submit a written notice to our Designated Agent containing the information required by 17 U.S.C. § 512(c)(3). Notices should be sent to: DMCA Agent, JobsBloom, LLC, Atlanta, Georgia, Email: dmca@jobsbloom.com. Repeat infringers will have their accounts terminated.

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including without limitation any breach of these Terms, with or without notice. Upon termination, all rights granted to you under these Terms will immediately cease, and the provisions of Sections 6 (User Content), 9 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Arbitration), and 16 (Governing Law) shall survive.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. JOBSBLOOM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS OR THAT ANY DEFECTS WILL BE CORRECTED. JOBSBLOOM MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SERVICES WILL RESULT IN EMPLOYMENT, AN INTERVIEW, OR ANY SPECIFIC CAREER OUTCOME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOBSBLOOM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR EMPLOYMENT OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JOBSBLOOM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID JOBSBLOOM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

You agree to defend, indemnify, and hold harmless JobsBloom and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (i) your use of the Services; (ii) your User Content; (iii) your violation of these Terms; or (iv) your violation of any third-party right, including any intellectual property right, privacy right, or applicable law.

Except for claims for injunctive relief and small-claims-court matters, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules. The arbitration shall be conducted in Atlanta, Georgia, before a single arbitrator, in the English language. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND JOBSBLOOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

You may opt out of this arbitration agreement by sending a written notice to legal@jobsbloom.com within thirty (30) days of first accepting these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia and applicable federal laws of the United States, without giving effect to any conflict-of-laws principles. Subject to Section 15, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia, for any action not subject to arbitration.

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and JobsBloom regarding the Services and supersede all prior or contemporaneous understandings. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver. You may not assign or transfer these Terms without our prior written consent; any attempted assignment in violation of this section is void. We may assign these Terms freely. Notices to you may be provided via email or in-product notification.