Last Revised: June 16, 2021 (archive)
For the purposes of these Terms, “Fishbowl,” “we,” “us,” or “our” shall mean the following entities:
- Fishbowl Media Inc., a Delaware corporation.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 14 FOR ADDITIONAL INFORMATION.
Eligibility to Use the Platform
To access or use the Platform, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction. Otherwise you may not use the Platform. Except as set forth below, or as otherwise approved by us, the Platform is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use the Platform if we have terminated your account or banned you. An employer and its authorized agent(s) are permitted to use the employer's account and any data about that employer provided via that account for the employer's internal business purposes.
Your Fishbowl Platform Account
Fishbowl Platform Account. To access most features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, employer, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. Fishbowl disclaims any liability for third party actions made under your account. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Fishbowl at any time. When you set up an individual user account on the Platform, we create a member profile (a "Profile") for you that will include personal information you provide. We may update your Profile with information we extract from resumes you upload on the Platform. You permit us to share information in your Profile with prospective employers (which does not include Content contributions) with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile (which does not include your Content contributions). Fishbowl will use its best efforts to verify your employment status through various methods including third party integrations. Fishbowl is not responsible if it is unable to properly verify your employment status, nor is it responsible to any third party that you indicate you are employed by.
Third-Party Site Sign Up and Sign In. You may be able to register an account and subsequently access the Platform through a third-party site. If you access the Platform through a third-party site you agree that we may access, make available through the Platform, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your third-party site account so that it is available on and through the Platform via your account and your Profile page. Subject to the privacy settings that you have set with the third-party site account you use to access Fishbowl, personal information that you post to that third-party site may be displayed on the Platform. Please note: your relationship with any third-party site is governed solely by your agreement with that third-party site and we disclaim any liability for personal information that may be provided to us by a third-party site in violation of the privacy settings that you have set with respect to that third-party site account
Communications. By creating an account, you electronically agree to accept and receive communications from Fishbowl, Fishbowl affiliates, or third parties providing services to Fishbowl. For the purposes of these Terms, “affiliates” means any entity that directly or indirectly, controls, is controlled by, or is under common control of or with Fishbowl, now or in the future. “Control” for these purposes means having a majority of shares or the right and ability to direct management.These communications may be via email, text message, calls, push notifications to the phone number you provided to Fishbowl, or otherwise. You understand and agree that you may receive communications generated by automatic telephone dialing systems delivering prerecorded messages sent by or on behalf of Fishbowl, its affiliated companies, and/or third-party service providers, including but not limited to communications concerning your account, the Platform, our services, and services offered by our affiliates. Message and data rates may apply. To opt out of receiving text messages from Fishbowl, you must reply “STOP” from the mobile device receiving the messages. To unsubscribe from non-service-related emails, you must use the unsubscribe link in the emails we send you. Unless you choose to delete your account, you cannot unsubscribe from certain communications that are required as part of your use of the Platform (e.g., emails about changes to these Terms.)
Recordings. Some of the live audio events hosted on the Platform may be recorded. By using the Platform and attending such audio events you consent to any such recordings and agree that all rights, titles, and interests in such recordings will vest in Fishbowl.
Using the Fishbowl Platform
Third-Party Content on the Platform. Content from other users, advertisers, and other third parties is made available to you through the Platform. "Content" means any work of authorship or information, including salaries, photos, logos, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data, audio, video, or other materials you find on the Platform. Because we do not control such Content, you understand and agree that:
- we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer and salary-related information provided by other users, or the opinions of panelists, bowl leaders, or other users, including those involved in audio events, or translations, transcriptions, or captions of any such Content;
- we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content, including translations, transcriptions, or captions; and
- we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on the Platform.
You represent, warrant and covenant that you are not
- 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;
- on any of the U.S. government lists of restricted end users; or
- the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using the Platform.
You understand that the default confidentiality setting for your user profile is that your company name, title, and other information (but not including your posts, comments, or reactions) will be public to all users. Posts made with semi-anonymous identifiers like your company or title are not associated with your public profile and your profile, which is viewable to others, will not display posts or comments you have published. However, you acknowledge that Fishbowl cannot guarantee your anonymity since, depending on your specific situation and circumstances and the contents of your posts, these semi-anonymous identifiers may allow someone to identify you or narrow down your identity to a smaller group of employees at your company. You should understand this risk before contributing content to the Platform.
House Rules. You represent and warrant that you will use the Platform solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and/or any third parties. You are solely responsible for any and all Content that is posted through your account on the Platform ("Your Content"). You agree that by submitting or authorizing Your Content for use on the Platform, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of the Platform violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or use their email address or phone number, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post Content;
- Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule, or regulation;
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and authentic experience;
- Act in a manner that is harassing, trolling, threatening, abusive, racist, bigoted, or is otherwise objectionable (as determined by Fishbowl);
- Discriminate regarding access to communities that you create. (For company communities, any verified user of the company that the community is associated with may join and access the community.);
- Promote, endorse, or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, and subject to applicable laws, use the Platform for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a Fishbowl endorsement or partnership of any kind without our express written permission;
- Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
- Introduce software or automated agents to the Platform, or access the Platform so as to produce multiple accounts, generate automated messages, or to scrape, strip, or mine data from the Platform without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of the Platform into any website, or "deep-link" to any portion of the Platform without our express written permission;
- Copy, modify, or create derivative works of the Platform or any Content (excluding Your Content) without our express written permission;
- Copy or use the information, Content (excluding Your Content), or data on the Platform in connection with a competitive service, as determined by Fishbowl;
- Sell, resell, rent, lease, loan, trade, or otherwise monetize access to the Platform or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the Platform;
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
- Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Platform; or attempt to circumvent any security feature of the Platform.
Links to Third-Party Websites. The Platform may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation, regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption, or sponsorship of, or affiliation with, such third-party website. When you leave the Platform, our terms and policies do not govern your use of third-party websites.
Applying on the Platform. Some of our job postings may allow you to complete and submit your application on the Platform. We provide this service by working directly with an employer or affiliate or by searching the Internet for the best contact information we can find for an employer. When you click the "Apply" (or similar) button to submit an application on the Platform, we send your application to the most appropriate contact information we have on file for that employer.
Application Submissions. While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by any third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.
Employer Identities. Fishbowl does not guarantee the identity of an employer or any individuals working for any employers, and therefore advises job seekers to exercise caution when applying to jobs. Fishbowl does not guarantee the validity of a job offer; job seekers should verify the validity of a job offer before taking adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.
Special Provisions Applicable To Employers and enterprise customers.
Posting Jobs on the Platform. You may not post any job ad that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling); or resembles a multi-level marketing scheme;
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;
- Contains multiple job openings in a single job ad (unless you've purchased a service that permits this);
- Does not comply with Title VII of the Civil Rights Act or the EEOC's Enforcement Guidance on Employer's Consideration of Arrest and Conviction Records in Employment Decisions , and relevant state and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant's criminal history until later in the hiring process;
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Fishbowl's reasonable discretion.
You agree that Fishbowl may, at its sole discretion, remove or prevent the posting of any job ad for any or no reason.
Communications with Job Seekers. We may inform a user when you have taken an action with respect to information we have shared with you on behalf of that user, such as when you open the user's application, view their resume, view their profile on the Platform (or an affiliate’s platform), and/or make a decision about their application. When you view, store or receive materials through your use of the Platform or an affiliate’s platform, we may use such materials for data analysis, quality control, or to refine our platform and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted to the Platform, which employers are active on the Platform, and how long certain aspects of the candidate process take on average for a given employer. We may, on your behalf, send out reminder emails to job seekers you wish to interview. Fishbowl may also send emails to job seekers on your behalf indicating that your job posting is potentially a match for the Job Seeker’s resume or job preferences. You understand and agree that Fishbowl may take such actions.
Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including employers who purchase job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Enforcement by Fishbowl
Removal of Content. While Fishbowl has no obligation to do so, Fishbowl reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on the Platform (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on the Platform that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag" or symbols signaling the same) or by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Copyright Policy. Please see our Copyright Complaint Policy for information about copyright and trademark disputes.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from the Platform; suspending some or all of your rights to use the Platform; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
Rights to Your Content
We do not claim ownership in any Content that you submit or authorize for use to the Platform, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on the Platform, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, reproduce, copy, modify, publish, translate, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world and display your name, images, likeness, voice, and any such other content that you post, link or otherwise make available through the Platform, throughout the world in any manner or media, on or off the Platform including for purposes of promoting the Platform or our services. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Fishbowl's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve the Platform and to make Content submitted to or through the Platform available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through the Platform. You should only submit Content to the Platform that you are comfortable sharing with others under the terms and conditions of these Terms.
By submitting ideas, suggestions, documents, and/or proposals (collectively, “Submissions”) to Fishbowl or its employees or agents, you acknowledge and agree that Fishbowl is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit these Submissions as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
Rights to Platform Content
The Platform contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Fishbowl owns and retains all property rights in the Platform. If you are a user, we hereby grant you a limited, revocable, non-transferable, non-sublicensable license under the intellectual property rights licensable by us to use the Platform and download, view, copy and print Content from Fishbowl solely for your personal use in connection with using the Platform. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the Platform or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to the Platform. Fishbowl® is a registered trademark of Fishbowl Media Inc. The trademarks, logos, and service marks ("Marks") displayed on the Platform are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark. Fishbowl reserves all rights not expressly granted in these Terms.
You agree to defend, indemnify, and hold us and our affiliates and subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "Fishbowl Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of the Platform, including due to or arising from your breach of any provision of these Terms, or related to you providing false information regarding your employment status. For the purposes of these Terms, affiliates means any entity that directly or indirectly, controls, is controlled by, or is under common control of or with Fishbowl, now or in the future. “Control” for these purposes means having a majority of shares or the right and ability to direct management.
Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any emails, texts, or notifications corresponding with any activity on the Platform or any other communications service, product, or feature provided on or through the Platform, are provided solely as a courtesy. Fishbowl disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent or received. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Fishbowl assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message or Content you post, send or receive through the Platform
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of the Platform. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on the Platform, whether caused by users or by any of the equipment or programming associated with or utilized in the Platform. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the Platform or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Platform. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the Platform or from any Content posted on the Platform or transmitted to users, or any interactions between users of the Platform, whether online or offline.
The Platform is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) the Platform will meet your requirements; (2) the Platform will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of the Platform will be accurate or reliable.
You hereby release the Fishbowl Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
Fishbowl reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the the Platform and/or any features, information, services, materials, or content on the the Platform with or without notice to you. You agree that Fishbowl will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
IN NO EVENT SHALL THE FISHBOWL GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE FISHBOWL GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
These Terms remain in effect while you use the Platform and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of the Platform, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of the Platform. For the avoidance of doubt, you agree that these Terms apply to your use of the Platform and any Content posted on the Platform at any time prior to the termination or expiration of these Terms.
Changes to Terms
We may revise these Terms from time to time by posting an updated version on the Platform. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email or text message (sent to the e-mail address or phone number specified in your account) or by means of a notice on the Platform prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of the Platform is subject to the most current effective version of these Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Fishbowl. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Delaware at Fishbowl Media Inc., c/o CT Corporation, 1209 Orange St, Wilmington DE 19801. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought, and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FISHBOWL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND FISHBOWL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of the Platform, shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Fishbowl each agree that any and all disputes between consumer users of the Platform and Fishbowl arising under or related in any way to these Terms and such users' use of the Platform must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the Fishbowl Group by companies or other legal entities or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the Fishbowl Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to Fishbowl should be sent to the Attention of: Litigation Department, Fishbowl Media Inc., c/o CT Corporation, 1209 Orange St, Wilmington DE 19801. If you have an account on the Platform, notice will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. You may download or copy a form Notice here. If Fishbowl and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fishbowl may commence formal proceeding.
Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Fishbowl shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in San Francisco, California. For any claim where the total amount of the award sought is $10,000 or less, you and Fishbowl may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Fishbowl subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Fishbowl may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Opt-Out Notice. You must complete and mail an Opt-Out Notice. The Opt-Out Notice must contain: your name, address (including street address, city, state and zip code), and the email address(es) and/or phone number(s) associated with the Fishbowl account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Fishbowl. We will notify you of changes to this Arbitration section by posting the changes on the Platform at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of the Platform and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Fishbowl's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
Please contact us with any questions regarding these Terms by contacting us here. To review the previous terms, click here.