Terms and Conditions

These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Auto Damage Solutions, LLC. By accessing or using any part of our Site, you agree to be bound by the Terms then in effect with the applicable contracting entity set forth below. If you do not agree, you may not access or use our Site. Any references to “Auto Body Careers” or “we” or “us” shall mean Auto Body Solutions, LLC. The Terms hereby incorporate by reference any additional terms and conditions posted by Auto Body Careers and linked within these Terms, including program or service specific terms below. Unless otherwise indicated, the Terms apply to all Users of the Site.

If you are accessing or using the Site in your capacity as an employee or other representative of an Employer, you agree to the Terms on behalf of yourself and such Employer, and you represent and warrant that you have the authority to bind such Employer to the Terms. Your use of our Site through an agency or reseller arrangement does not exempt you from the Terms.

Auto Body Careers may reject, remove, or limit the visibility of any User Content (as defined below), and Auto Body Careers may disable any account or restrict your ability to use all or parts of the Site, for any or no reason without notice. Although Auto Body Careers may indicate reasons for such decisions, we cannot always do so. We reserve the right to make such decisions in our interest or our Users’ interest.

Auto Body Careers does not and will not serve as an agent of, or decision-maker for, any Employer or any Job Seeker, as detailed below and throughout these Terms.

Definitions

• Applicable Data Protection Law: all laws, regulations, and other legal requirements relating to (i) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of Personal Data under the Terms.

• Employer: An individual or organization using the Site to post Job Ads, make information available regarding employment opportunities or employment openings, seek Job Seekers, or otherwise obtain information related to hiring or human resources, on their own behalf or another’s. This includes agencies purchasing for multiple parties and employment agencies, and any authorized user managing or using an Employer’s account or acting on behalf of an Employer.

• Including: Use of “including” in the Terms means “including without limitation.”

• Job Ad: An advertisement or post for an employment opportunity, hiring event, or an Employer’s workplace generally posted to the Site.

• Job Seeker: An individual searching for or applying for employment openings, or using or accessing services or information or posting information on the Site related to their personal employment or job search.

• Personal Data: Any information that relates to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. This definition shall adjust as necessary to include data defined as “Personal Information”, “Personally Identifiable Information”, and similar terms under Applicable Data Protection Law.

• Site: Auto Body Careers’ online and mobile services and websites, including apps, and any software, service, feature (including plug-ins and integrations), program or element (including email messages, notifications, and other messages) provided by or on behalf of Auto Body Careers on or in connection with such services or websites.

• User (or “you”): Any party that accesses or uses the Site, including Job Seekers and Employers.

• User Content: Any data, text, images, reviews, audio, video, or other materials that a User submits, posts, displays, or otherwise makes available or provides to Auto Body Careers on or through the Site. Job Ads, Resumes, reviews, ratings, and messages are all forms of User Content. User Content includes AI-Generated Content that is generated in response to User Content.

Job Seekers

If you access or use the Site as a Job Seeker, you agree to be bound by these Terms.

Job Seeker Licenses. As a Job Seeker, you are permitted to use the Site and its content for your personal, non-commercial purpose of seeking employment or information related to your job search. You agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose.

Recruitment Decisions. When you apply to a job or otherwise interact with an Employer through the Site, you agree and understand that only the Employer, and not Auto Body Careers, makes any decision in the recruitment and hiring processes, including deciding whether to advance any applicant to any next stage such as an interview and deciding whether to hire any applicant. Employers are prohibited fromusing or relying on the Site in place of their own independent judgment and decision-making at any step in the recruitment or hiring processes.

No Agency or Delegated Authority. Auto Body Careers does not and will not serve as an agent for any User, and Auto Body Careers expressly rejects any delegation to Auto Body Careers of any decision-making authority for or from any User. You may use the Site only for informational purposes and to help you be more effective and efficient in your employment-related activities, including searching for and applying for jobs. You agree, as a condition of using the Site, that you will not use the Site, in whole or in part, as a substitute for your own independent judgment or decision-making. You are solely responsible for your account, your use of the Site and any tools offered therein, and your decisions regarding your job search, application, and other employment-related actions. Auto Body Careers is not responsible and disclaims all liability for any actions taken or not taken based in whole or in part on any information you submit or receive in connection with your use of the Site.

No Obligation to Screen. You understand and agree that Auto Body Careers has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result without any obligation to provide reasoning for removal or exclusion.

Applications

Application Submission and Transmission. When you apply to a Job Ad through the Site, you authorize Auto Body Careers to transmit your application and any related information to the relevant Employer via automated processing. Before submitting your application, you can and should review all information, including attached files, to ensure accuracy and completeness for your desired job application. You are solely responsible for your application’s content.

Employer Control and Responsibility. Auto Body Careers does not control Employers or their application processes. Employers, and not Auto Body Careers, decide which qualifications are relevant for which job, who is qualified for a job (or not), and who moves forward (or does not) in the process. Once your information is shared, the Employer’s use of that information is governed by their policies. Any request to delete or modify your data must be made directly to the Employer. If you require alternative methods for applying, you must approach the Employer directly to request such alternative method, as Auto Body Careers is not responsible for the Employer application process. Auto Body Careers is not responsible for employer-provided content or employer messages. Auto Body Careers does not select employer questions or qualification criteria. Employers are solely responsible for compliance with all applicable laws, including anti-discrimination and data protection laws.

No Guarantee of Application Delivery or Response. Auto Body Careers does not guarantee that your application will be delivered, received, or acted upon, or that you will receive a response or an interview. Job Ads may expire before your application is submitted. Auto Body Careers relies on employers or their representatives (such as their legal agents) for accurate application destinations and cannot verify provided contact information. Incorrect electronic destinations will prevent delivery. Auto Body Careers does not guarantee error-free integrations or interfaces but may alert you to issues. We are not responsible if an ATS rejects or fails to deliver an application, or part of an application, to an Employer for any reason.

No Guarantee of Employer Identity or Job Offer Validity. Auto Body Careers does not guarantee the identity of an Employer or any individuals working for any Employers and cautions Job Seekers when applying to jobs. Auto Body Careers cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. Auto Body Careers does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking any adverse action, including regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy or legitimacy of any Employer or job offer.

Employers

If you access or use the Site as an Employer, you agree to be bound by these Terms.

Employer Licenses. You agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purposes other than to post Job Ads, make information available regarding employment, scholarship or employment openings, seek Job Seekers, or otherwise obtain information related to hiring or human resources.

No Agency or Delegated Decision-Making Authority. Auto Body Careers does not and will not serve as an agent for any User. Auto Body Careers expressly rejects delegation to Auto Body Careers of any decision-making authority by any User. Auto Body Careers offers the Site to you strictly for your consideration and your decision-making within your own recruitment and hiring processes. Only you, and not Auto Body Careers, makes any decisions in these processes, including selecting qualifications, selecting or evaluating candidates, advancing or not advancing any candidate to any step such as an interview, and hiring or not hiring any applicant. You are solely responsible for your account and your use of the Site, and your access to and use of the Site is conditioned on your agreement that you will not use the Site, in whole or in part, as a substitute for your own independent judgment or decision-making at any step. Auto Body Careers is not responsible and disclaims all liability for any actions taken or not taken based in whole or in part on any information you submit or receive in connection with your use of the Site.

Employer Responsibility for Job Ads and Hiring Decisions. As an Employer, you are solely responsible for your account, your use of the Site and any tools offered therein, your decisions regarding job descriptions, job requirements, any and all content of your Job Ad(s) and screener questions, whom you interview or hire, and compliance with applicable laws, including relevant federal, state, and local laws regarding the foregoing and any other aspect of employment. Auto Body Careers is not responsible and disclaims all liability for any actions taken or not taken based in whole or in part on any information you receive in connection with your use of the Site.

Account Activity Responsibility. As an Employer, your account is for business use and not for personal use. You are responsible for all activity on your account, including any Job Ads posted, services purchased, and the management of user access. Auto Body Careers is not responsible for and disclaims all liability if your account credentials are used improperly or falsely by a third party. Auto Body Careers may notify Job Seekers if your Employer account is compromised, but doesn’t guarantee notice delivery or accuracy and bears no responsibility or liability for such communications.

Content Responsibility. You are solely responsible for all content you post, including Job Ads, screener questions, and Company Pages. You must ensure your content is accurate, non-discriminatory, and complies with all applicable laws, including wage and hour, anti-discrimination, and data privacy laws. You are also responsible for offering alternative methods of screening and for providing reasonable accommodations for individuals with disabilities, if required by laws such as the Americans with Disabilities Act. Where required by law, you must clearly indicate that reasonable accommodations are available, provide contact information for job seekers requesting ADA-related accommodations when prompted on Auto Body Careers, engage with and respond to any requests for accommodation, and provide information about how to request an accommodation to Job Seekers. If you close or change any Job Ads that you post, you agree to promptly update such Job Ads on the Site or otherwise notify Auto Body Careers.

Limitation of Job Ads. Auto Body Careers may reject or remove any Job Ad or limit its visibility for any reason, at our sole discretion. We are not obligated to provide a reason for removal, and you remain responsible for compliance with applicable laws.

Accommodations. You are responsible for providing any necessary accommodations to Job Seekers as required by law.

General

The following terms and conditions apply to everyone who accesses or uses any part of the Site or attempts to do so, or who otherwise accepts the Terms.

Headings. All headings in these Terms are included for convenience of reference only and shall not affect the meaning, interpretation, or construction of any provision of these Terms.

Agency. Neither you nor Auto Body Careers may appoint, assign, delegate, accept, or otherwise attempt to confer any agency, authority, fiduciary role, or decision-making power on the other. Neither party may seek or agree to act as the other’s agent, representative, or decision-maker, and neither may represent or imply to any third party that any such relationship exists. Each party remains solely responsible for its own decisions, actions, and outcomes, and must exercise its own independent judgment when using or providing the Site.

Non-Employment Agency. You agree and understand that Auto Body Careers does not and cannot act as, or provide the services of, an employment agency to any Employer or Job Seeker. An employment agency works directly and individually with job seekers to understand and verify their qualifications and/or with employers to understand and verify their business needs and job-related qualifications. Auto Body Careers does not and cannot do this. Auto Body Careers is a publisher of information that provides tools for employers and jobseekers to find and evaluate the information published by one another. Auto Body Careers expressly refuses to determine or recommend whether any Employer or Job Seeker should further consider or take any other steps in regard to one another.

Legal Obligations. Auto Body Careers may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that Auto Body Careers may receive legal process from courts or law enforcement to reveal user data, including demographic data, and that Auto Body Careers may comply with such requests.

Assignment. You may not assign, transfer or delegate any of your rights or obligations hereunder without Auto Body Careers’ prior written consent, and any such attempt is void. Auto Body Careers may freely assign, transfer or delegate its rights and obligations hereunder without notice to you. Any reference to Auto Body Careers shall include reference to any successors, transferors or assigns.

Force Majeure. Under no circumstances shall Auto Body Careers or its affiliates be liable for any delay or failure its obligations under these Terms or in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, power or internet outages, telecommunication failures, civil disturbances, embargoes, governmental actions, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, or strikes.

Entire Agreement. These Terms constitute the entire agreement between you and Auto Body Careers and supersede all prior or contemporaneous agreements, statements, communications, quotes, purchase order or invoices. Each provision of the Terms is a separately enforceable provision. If any part or parts of the Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Terms shall continue in full force and effect.

Changes to Terms. We may change these Terms as needed, for example to accurately describe and cover updated Auto Body Careers programs and services, to comply with legal or regulatory requirements, or to prevent abuse or harm through the Site. If we materially change these Terms, we will notify you of such changes by reasonable means, except in urgent or emergency situations like complying with legal requirements or stopping ongoing abuse. These revised Terms will also be posted on the Site. Your access to or use of the Site following any such changes to the Terms will constitute your affirmative acceptance of such changes. If you disagree with the updated Terms, you should stop using our Site. Any changes to our Terms will not apply to any claim brought prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.

Modification of Site. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

Partnership or Agency. Nothing in the Terms shall be construed as creating a partnership, joint venture, or agency relationship between you and Auto Body Careers.

Waiver of Warranties

The Site may be unavailable or malfunction without notice, potentially due to third-party vendors.

Site Availability, Accuracy, and Liability Disclaimer. To the fullest extent permitted by law, Auto Body Careers disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information on or linked from the Site (including Job Ads and User Content), whether paid or free. Auto Body Careers is not responsible for deletion, storage failure, mis-delivery, or untimely delivery of any information, emails, attachments, or material (including User Content). Auto Body Careers does not guarantee the Site will be error-free, safe, or secure, and disclaims responsibility for harm from downloading or accessing information on the Site or linked third-party sites. Under no circumstances is Auto Body Careers liable for your use or misuse of, or reliance on, the Site or any linked third-party sites or services.

Technical Disclaimer. Auto Body Careers further disclaims all liability for technical malfunctions of the Site, including telephone network or service failures, computer systems, servers, providers, equipment, software, email delivery failures, account login issues, or other Services due to technical problems or traffic congestion on the internet or third-party websites (like ATSs). This includes injury or damage to your or others’ computer, mobile device, or hardware/software related to using or downloading Content. Auto Body Careers is not responsible for loss or damage to content, personal injury, or death resulting from use of the Site, Services, User Content, or third-party applications/websites/software/content, or user interactions.

Regional Restrictions and Termination of Services. Auto Body Careers reserves the right to limit or terminate Services and Site access in specific countries/regions due to war, political upheaval, uncertainty, epidemic, pandemic, riot, insurrection, national/regional emergency, terrorism, or civil disorder.

Exemption of Liability for Force Majeure Events. Auto Body Careers and its affiliates and licensors are not liable for delays or failures caused by circumstances beyond their control, including: (a) acts of God/natural catastrophes; (b) flood, fire, storm, earthquake, epidemics/pandemics, explosion; (c) war, invasion, hostilities, terrorist threats/acts, riots, insurrections, civil unrest, military disturbances, sabotage; (d) government action/orders; (e) embargoes/blockades; (f) governmental authority action; (g) national/regional emergency; (h) strikes, labor disputes/slowdowns, industrial disturbances, labor/material shortages; (i) utility, communications, computer, or telephone communication service failures/malfunctions; (j) internet, computer, telecommunication equipment, electrical power, or other equipment/mechanical failures/shortages; (k) data loss due to power failures or storage system difficulties; (l) non-performance of third parties; and (m) other events beyond Auto Body Careers’ control.

THE SITE AND ALL CONTENT, PROGRAMS, FEATURES, AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU USE THE SITE AT YOUR OWN RISK. AUTO BODY CAREERS, ITS AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY) INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SERVICE QUALITY, AND THAT THE SITE/SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, AUTO BODY CAREERS AND ITS AFFILIATES AND ITS AND THEIR THIRD-PARTY LICENSORS ALSO DISCLAIM WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND ITS CONTENT/PROGRAMS/FEATURES/SERVICES AND DO NOT GUARANTEE THAT THE SITE OR ANY CONTENT, PROGRAMS, FEATURES, OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANY INFORMATION PROVIDED WILL BE ACCURATE OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY LAW, AUTO BODY CAREERS AND ITS AFFILIATES AND ITS AND THEIR THIRD-PARTY LICENSORS ALSO DISCLAIM WARRANTIES FOR SERVICES/GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH LINKS. AUTO BODY CAREERS IS NOT RESPONSIBLE FOR THIRD- PARTY ACTIONS, CONTENT, INFORMATION, OR DATA, AND YOU RELEASE AUTO BODY CAREERS FROM CLAIMS/DAMAGES CONNECTED TO ANY CLAIMS YOU HAVE AGAINST THIRD PARTIES.

YOU DOWNLOAD MATERIAL/DATA THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES OR DATA LOSS.

Disclaimer of Liability for Job Ads. Auto Body Careers and its affiliates, and its and their licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (a) costs of advertising, whether measured by impressions, clicks, Started RSVPs, RSVPS, Started Applications, Applications, or otherwise; (b) delivery or rates of impressions, clicks, Started Applications, or Applications (including any estimates on the Site or an Insertion Order); (c) reach, performance, placement, distribution, or conversion of Job Ads; (d) accuracy or success of Job Ad targeting or the size or composition of any audience, or the ability or inability of any person to view a Job Ad; (e) the interest level or qualification of anyone who interacts with your Job Ad; and (f) attendance at a job interview, Hiring Event, or job.

AUTO BODY CAREERS HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY AS IT RELATES TO YOUR JOB AD. USER ACTIVITY SUCH AS AN IMPRESSION, CLICK, STARTED APPLICATION, OR APPLICATION IS NOT A GUARANTEE OF INTEREST IN YOUR JOB AD. AUTO BODY CAREERS IS NOT RESPONSIBLE FOR CLICK FRAUD, FRAUDULENT LEADS, TECHNOLOGICAL ISSUES, OR OTHER POTENTIALLY INVALID ACTIVITY BY THIRD PARTIES THAT MAY AFFECT THE COST OF JOB ADS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL AUTO BODY CAREERS OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE PERSON’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF AUTO BODY CAREERS OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON OR PUBLISHED BY THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THIS LIMITATION SHALL ALSO APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF AUTO BODY CAREERS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID AND OR PAYABLE BY YOU IN THE PRECEDING 12 MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM.

Indemnification

User Indemnity Obligations. You agree to indemnify, defend, and hold harmless Auto Body Careers, its agents, officers, directors, employees, affiliates, and licensors from any and all losses, claims (including third party and direct claims), damages, actions, suits, demands, judgments, settlements, liabilities, and costs and expenses (including attorneys’ fees and costs) arising out of or related to: (a) your breach of the Terms; (b) your or your Users’ or End Users’ access to, use of, or misuse of the Site, including via an API; (c) any information or data you provide, including your User Content (including AI-Generated Content) or contact information; (d) your violation of any applicable law or the rights of any third party; (e) your use of tracking technology; (f) your loss of, or disclosure of, information gained from using the Site or any Auto Body Careers program or service; (g) your actions and processes as an Employer, including application materials, screening, hiring, promotion and demotion processes, decisions and events, and any claims arising from a Job Seeker’s progression (or lack therof) through your hiring process; (h) any claims that your use of the Site or any Auto Body Careers program or service, does or did not comply with applicable laws, including data protection laws, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, and similar laws (this includes any claims that Auto Body Careers as your agent violated any such laws); (i) the activities of any third-parties you engage to assist you with activities related to your use of the Site; and (j) your use of a Third Party Service. This obligation survives the termination of the Terms and your use of the Site or any Auto Body Careers program or service.

User Content

Moderation Rights. Auto Body Careers is an interactive computer service and has no obligation to host, publish, monitor, or remove any particular User Content. Auto Body Careers may, in its sole discretion, reject, remove, or limit the visibility of any User Content for any or no reason without notice. Although Auto Body Careers may indicate reasons for such decisions, we cannot always do so. We reserve the right to make such decisions in our interest or our Users’ interest. You agree that Auto Body Careers has no liability or obligation to you or anyone else arising from its decisions with respect to User Content.

User Content Responsibility. Auto Body Careers is not responsible for User Content, which may be inaccurate, incomplete, misleading, deceptive, or offensive. User Content is the sole responsibility of its original author. Auto Body Careers cannot guarantee, and disclaims all liability for, any User Content or Company Page, including their accuracy, completeness, legality, reliability, legitimacy, truthfulness, or availability. You are responsible for all information you provide or request that Auto Body Careers publish, whether through the Site or otherwise, and whether generated by or for you, in any medium, including text, image, mark, logo, video, or audio, all which is considered User Content under these Terms.

Account Moderation. Auto Body Careers may monitor and screen User Content for compliance with its Terms and policies, to prevent potentially illegal or harmful activities, or to prevent other activities that may be detrimental to other Users. In some cases, we may disable or place restrictions on your account or other accounts we suspect are associated with you. Detection methods are not perfect and false positives or false negatives may occur.

Legal Requests. Auto Body Careers reserves the right to disclose User Content, account information, or any other relevant information to third parties in connection with operating the Site, to protect itself or others, or to comply with legal obligations or requests like subpoenas, court orders, or warrants. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.

User Content Ownership. You represent and warrant that you own your User Content or have the right to grant this license, and that its use by Auto Body Careers will not violate any law or infringe on the rights of any third party or result in any breach of contract between you and any third party.

Prohibited User Content. The following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits Personal Data from anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false, misleading, or otherwise deceptive; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, “Intellectual Property Rights” means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are an Employer providing or submitting Job Ads, you further agree that such content will not contain any personally identifiable information.

Accounts & Membership

Account Credentials. Some areas of the Site require registration, membership, or account creation. You are responsible for safeguarding your account credentials. You agree to provide true, accurate, current, and complete information. You may not create multiple accounts or use automated means to create accounts.

Account Disability. Auto Body Careers may, in its sole discretion, disable any account or restrict your ability to use all or parts of the Site, for any reason or no reason without notice. Although Auto Body Careers may indicate reasons for such decisions, we cannot always do so. We reserve the right to make such decisions in our interest or our Users’ interest. You agree that Auto Body Careers has no liability or obligation to you or anyone else arising from such decisions.

Membership Payment. You agree to pay all charges for services and memberships you purchase and will be charged as indicated on the Site or in a separate Insertion Order. If you purchase a membership subscription, you agree that it will automatically renew and that Auto Body Careers will charge you on a recurring basis until you cancel. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE SUBSCRIPTION OR MEMBERSHIP PLAN.

Arbitration

Binding Arbitration. You and Auto Body Careers agree that any disagreement, controversy, claim, or legal proceeding or petition of any kind (whether based in contract, tort, statute, regulation, equity, or any other legal or equitable theory) arising out of or relating in any way to the Site or your interactions with it, any communications you send or receive, any programs or services used, provided, sold, or distributed through the Site, the Terms or prior versions of the Terms, or any aspect of your relationship with Auto Body Careers (each, an “Arbitration Dispute”), between you and Auto Body Careers or between you and any other User, will be resolved by binding arbitration, rather than in court.

YOU AND AUTO BODY CAREERS MAY BRING ARBITRATION DISPUTES ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS, AND HEREBY WAIVE ALL RIGHTS TO HAVE ANY ARBITRATION DISPUTE BE BROUGHT, HEARD, ADMINISTERED, OR RESOLVED IN ANY FORUM ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of this Arbitration Agreement. The laws of the State of Nebraska (excluding its conflict-of-law rules) shall govern all other aspects, including substantive rights and obligations, of Arbitration Disputes to the extent consistent with the FAA.

Attorneys Fees. The parties shall bear their own attorneys’ fees and costs in arbitration unless otherwise required by applicable law or unless the arbitrator finds that either the substance of the Arbitration Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

User Warranties

Compliance with Sensitive Personal Data Regulations. You represent, warrant, and covenant that (i) you are not a “covered person” (as defined in 28 CFR § 202.211) or “controlled by a foreign adversary” (as defined in 15 U.S.C. § 9901(c)(2)); and (ii) neither you nor your affiliates, representatives, or subcontractors are currently engaged in, or will engage or attempt to engage in any “prohibited transaction” (as defined in 28 CFR § 202.243) involving sensitive personal data,” (as defined in 28 CFR § 202.1(e)249) that is disclosed, transferred, communicated or otherwise made available to you by or on behalf of Auto Body Careers, including selling, leasing, transferring, or licensing or sub-licensing of access to any such sensitive personal data to a covered person or “country of concern” (as defined in 28 CFR § 202.209). You shall immediately notify Auto Body Careers in writing (but in no case later than 24 hours) upon determining or suspecting that (i) you or an affiliate, representative or subcontractor has violated the obligations under this section; (ii) a covered person or country of concern has gained “access” (as defined in 28 CFR § 202.201) to such sensitive personal data; or (iii) you can no longer meet your obligations under this section. You acknowledge and agree that a failure to comply with your obligations under this section constitutes a material breach of the Terms and may constitute a violation of 28 CFR § 202 et seq. or other applicable laws or regulations. In the event you fail to comply with any of your obligations under this section, Auto Body Careers may suspend or terminate the Terms at any time without penalty. You certify that you are in compliance with this section, 28 CFR § 202 et seq. and any other legal requirements, restrictions or prohibitions applicable to sensitive personal data. You agree that you shall not evade or avoid, cause a violation of, or attempt to violate any of the requirements, restrictions or prohibitions set forth in 28 CFR § 202 et seq. You further agree that, upon our request, you shall recertify in writing your compliance with this section and 28 CFR § 202 et seq.

Accuracy. You represent and warrant that all information you provide via the Site is accurate.

Compliance with Applicable Law. You represent and warrant that you will comply with all applicable laws and regulations, including export control laws, copyright laws, and data privacy laws.

Restricted Persons and Countries. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the Restricted Lists below; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using the Site. “Restricted Lists” means: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls – List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; or (e) Bureau of Industry and Security, Department of Commerce, The Entity List; National Security Division’s Covered Persons List as defined in 28 CFR § 202.701.

Personal Responsibility. By using this Site, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Site.