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A Snapshot Clarifying Our Terms

The Job Helpers terms and conditions are published to educate our valued customers and avoid misunderstandings, but not in any way to evade our responsibilities as a service organization

The Job Helpers strive to do our best in our capacity to guarantee 4 interviews for every 10 applications you submit. So, if you don't receive a minimum of 4 interviews out of 10 job applications, we will rewrite your resume up to 5 times a month until 90 days, free of charge. For this to happen, you should notify us in writing within 60 days of receiving your final copies with 10 email communications of rejections from employers. To rework the resume and other documents, we request you to provide us with 3 rejections of your application, together with 3 new positions you may wish to apply for, with the new content. Please note that you will not be eligible for this concession if the content or the format provided to you in our final documents has been altered, changed, removed, or fabricated at the point of submission.

We're here for you all the way.

Most problems that users or clients encounter can be resolved within 48 hours, and you can contact us at [email protected].

Any more questions?
Our FAQ page has a lot of great information about our writing process, and each step is listed when you subscribe to a coaching service. You can learn more about our services here:

Terms and Conditions

When accessing the www.thejobhelpers.com site (“Site”) or subscribing to our services, we welcome you to review the terms and conditions listed on this page. These Terms remain effective from July 20th, 2022. We advise you to closely examine the terms and conditions of use and consumption to understand that may alleviate misunderstandings appropriatelyFor this narration, terms and conditions (“Terms”) would apply to the person interacting with the Site as a (“Client/User”), and the Site is owned and operated by The Job Helpers (“TJH“).

When the Client/User commences availing TJH services, responding to a posting on the Site, or creating an account for themself, the understanding is that the Client/User has reviewed the TJH terms and conditions and has agreed to abide by the sameOn the other hand, if the Client/User does not accept these terms in their entirety, such Client/User may refrain from accessing or utilizing the Site and its servicesFurther, if the Client/User represents a particular business and if that client/User accesses the TJH site on behalf of that businesscompany, we assume that the specific Client/User has the capacityauthority to enter into this Agreement with TJH on behalf of that businessThe very act of that Client/Users initiation will imply that they have the authority to bind that businesscompany to an agreement with TJH. In that sense, any reference to the Client/User is a reference to the businesscompany.


GUARANTEE OF JOB INTERVIEWS

TJH proudly offers our clients a dynamic edge in their job search endeavors, promising 4 job interviews for every 10 applications submitted with our expertly crafted documents. To qualify of this guarantee, clients are required to comply with several stipulations:

1. Alignment with Experience and Seniority: Applications should be targeted towards roles that are consistent with the client’s professional experience and seniority level. For instance, applications for project management positions by individuals with a sales background, but lacking project management experience, will not be eligible under our guarantee. Additionally, roles requiring a degree of experience significantly beyond the client’s or transitioning into a new career without the pertinent educational qualifications and 3-5 years of related experience, will not qualify for our guarantee.

2. Compliance with Educational and Certification Prerequisites: The roles applied for must not specify educational or certification prerequisites that the client does not possess. For instance, applications for jobs requiring the PMP certification by clients without said certification will not meet the guarantee criteria.

3. Geographical Considerations: Job applications should be for positions located in the client’s current geographical area, unless the positions are fully remote. Applications for hybrid roles with office locations in a different city or state from the client’s residence will not be covered by the guarantee. For example, a client residing in Los Angeles applying for a hybrid position with an office in Chicago will be excluded from this guarantee.

4. Application Timeliness: It is imperative that applications are submitted for positions posted online within the preceding 2-3 days, ensuring inclusion in the early applicant pool which significantly increases the chances of a response.

5. Resume Integrity and Adherence to Original Format:

(a) A description of the particular copyright work you allege is being infringed (with registration information of such appointment with the copyright office).

(b) Clients should refrain from altering the document’s core structure or format, including, but not limited to:

(iModifying titles of section headers

(iiAdjusting the sequence of sections

(iii) Eliminating specific sections

(iv) Altering font types and colors

(v) Incorporating graphs, photos, and tables

(vi) Transforming the layout into a double-column format

Significant deviations from the provided resume format or content will invalidate the guarantee.

6. Waiting Period for ResponsesClients are advised to allow a period of up to 3-4 weeks for responses from recruiters, considering the common timeframe required to review applications received within the initial 2-3 days post-job posting.


QUALIFICATION FOR RESUME REWORKING

Should the client not receive any responses, obtain rejection emails, or experience both scenarios following adherence to the aforementioned guidelines, they may qualify for up to 5 resume reworkings as per our guaranteed terms. Eligibility requires contacting TJH within 60 days of receiving the final documents, accompanied by:

1. Rejection emails from 10 applied positions, OR

2. Acknowledgment emails from 10 applications which did not proceed to responses, OR

3. A blend of the two totaling 10 job applications, AND

4. 4-5 job listings targeted for application post-resume reworking.

Note: Failure to reach out within the designated 60-day timeframe or to provide the requisite documentation will result in forfeiture of the guarantee. Reviews or feedback from third parties are not acceptable as proof. The TJH writing team may solicit examples of metrics-based achievements to enhance the resume. Non-compliance with such requests may halt further resume reworking efforts.

Upon agreeing to TJH’s Terms & Conditions while engaging our services, clients acknowledge and consent to the stipulations outlined within TJH’s guarantee and refund protocols.

TJH maintains a firm stance against negotiating refunds under the pressure of negative review threats or legal challenges. We advocate for a constructive approach, urging clients to collaborate with our dedicated Client Success team to refine their documents and enhance their interview prospects, as guaranteed.

Furthermore, the dissemination of misleading or factually incorrect negative feedback regarding TJH services on public platforms may result in the immediate halt of any services currently provided to the client. Should such critiques unjustly misrepresent the nature of the client’s experience with TJH, legal measures may be pursued to address these grievances.


SITE USER RESPONSIBILITIES

The TJH Site accommodates uploading, posting, and distribution of Content by the users, but the users should note that availing of this site facility is subject to the following conditions:

We prohibit the use of the Site in any way for the Content (“Content”) that is obscene, threatening, indecent, libelous, defamatory, abusive, illegal, harassing, and expressions of hatred. TJH forbids any invasion of privacy or publicity rights, bigotry, racism, pornographic, otherwise objectionable, or that would constituteencourage a criminal offense, violate the rights of any party or any existing law in the United States or Internationally.

The user, not TJH, is responsible for the Content transmitted through the Site. It is the sole responsibility of the person whose action originated, and all user feedback, graphics, messages, data, comments, suggestions, information, text, data, software, photographs, artwork, audio, video, and other Content channeled to or via the SiteFurther, the user should ensure that the Content he posts/handles will not invade the publicity/privacy right, copyright, trademark, or other intellectual property rights of either The Job Helpers or any other third party.

It is the sole responsibility of the user to prevent uploading any Content that contains corrupt files, viruses, or any other computer codesprograms designed to limit the functionality. Information that interrupts, destroys, or disrupts any software, hardware, telecommunications, networks, servers, or other equipment is prohibited from the TJH Site.

The User/ Client is also advised not to upload Content that is maliciously disparaging of TJH, its licensors, or their productsservices with no basis for such disparagement.

Please note that the accounts of Users / Clients who do not comply with the above rules and regulations will be immediately deactivated, with indefinite effect.

TRANSACTING ELECTRONICALLY

The TJH maintains all records of communications sent and received and all electronic records verified for their appropriateness and legitimacyFurther, all such information and data will be subject to an information processing system beyond the sender’s control but within the recipient’s commandOnce TJH receives communication from the Client/User, the record will enter an information processing system designated by the recipient that will enable further processing as new developments will require, and also from which the recipient can retrieve an electronic document when neededThis process will facilitate all transactions to be electronically processed.

ORDERING REQUIREMENTS

The site users should be of legal age (18 years or above to enter the Site and seek registrationThus, TJH treats any user who enters and avails of its facilities as of legal ageThe TJH expects to entertain only truthful and genuine customers and wishes all the information and data dealt through the Site to be accurate, authentic, and completeThis information may contain particulars of the party using the Site and information/data on the ordering processHowever, if such information and data declared are untrue, inaccurate, or incomplete, TJH retains the right to deny site access to such users who claim false information.

REFUND POLICY

TJH  is an organization that provides a professional resume writing service, and all its services, accomplished in concurrence with the Client/User, are complete and final with no refundsTherefore, there is no trial period once its services, advertising on the Site, are purchased by the Client/ UserThe quality of the services TJH endeavor to render is such that the Client/ User who avails of its services contend more often than not, and as a result, the demand for refunds is rare and fewHowever, TJH and staff will offer multiple touchpoints, drafts, and revisionsSuppose the Client/User doesn’t get interviews after applying for 10 open positions they are qualified to apply for in the future. Based on the level of service purchased by the Client/User, and as a result, TJH provides no refunds once a client buys any service on the Site. If a request for a refund for a resume or coaching service incur, TJH will conduct a thorough investigation and provide the Client/User an email with evidence to determine root causes and make a decision based on unique circumstances.

1. Non-Factual Negative Reviews: By using our website and services, the Client/User agrees not to post false or defamatory reviews about our business on public forums. Any non-factual negative review may result in legal action against the individual responsible.

2. No Grounds for Refund: Posting a non-factual negative review does not constitute grounds for a refund or compensation of any kind. We encourage all customers to address any concerns or issues directly with our customer support team for resolution.

3. Suspension of Ongoing Services: We reserve the right to suspend or terminate any ongoing services provided to clients who publish non-factual negative reviews about our business on public forums.

LIMITED NONCOMMERCIAL LICENSE

TJH always grants its clients the right to view and use the Site to access information for career purposesTJH will use its discretionary powers to suspend or deny a client access to all or any portion of the TJH Site as described in the Section titled Termination or Cancellation of Site Access.’ No part of this Site is for use by children, and hence minors seeking access should seek the consent of their legal guardian before using this Site.

Further, unless you have received specific written permission from TJH, a Site user may not

(aUse material or Content on, or in proximity to, the Content displayed on the Site and

(bAlter or modify any Content on the Site, and without limiting other restrictions, the user is not allowed to sell, reproduce, transmit or make use of or otherwise exploit the Site for any commercial purpose.

License on modifications to the Site; this license is limited to personal and noncommercial uses by any userTherefore, TJH reserves the right not clearly stated and granted to the Client/User herein.

COPYRIGHTS AND TRADEMARKS

Neither the TJH, its affiliates, nor a 3rd party can grant rights to a user of the Site, by implication, estoppel, or otherwise, a license under any patent, trademark, copyright, or other proprietary rights, except as expressly provided by these termsAssignment of ownership rights is assigned to the user by TJH. All trademarks of the Organization or its affiliates depicted on the Site belong to TJH. These trademarks, service logos, and other logos used and displayed on the Site belong to the TJH Organization, and those are registered or unregistered trademarks. TJH is also the copyright owner/ the authorized licensee of all text and graphic material on the Site.

The Organization is explicit about all its intellectual property rights. Without the Organization’s prior written permission, neither the name of the Organization nor any of TJH’s other trademarks, service marks, or copyrights should be availed, including advertising, hyperlinks, publicity, or promotional Content irrespective of either relating to the Site or otherwise. Similarly, other trademarks and service marks on the Site belong to those respective ownersThe only exception to this, however, is a thirdparty website that intends to link to the Site complying with the requirements of the Section entitled Links From ThirdParty Sites using the name “The Job Helpers” in or as part of that link.

The Organization will not condone copyright infringement and reserves the right to block, disable, or otherwise remove any content uploaded to the Site and terminate access to the Site if the users engage in copyright or other intellectual property infringementIn that respect, TJH may seek legal redress when such a course is deemed necessary.

Further, unless specifically authorized by the Organization, it is prohibited to display, perform, store, copy, distribute, or otherwise make available or use any content from the SiteNo content belonging to TJH can be used on another website without written permission from TJH.

Just as we protect our trademarks etc., it is also our policy to not permit Content we know to infringe another partys trademarks, etc.to remain on the TJH SiteTherefore if a third party believes that any content on the Site infringes their or its copyright etc., that party is invited to contact TJHs copyright agent:

By mailThe Job Helpers, 931 Eaglewood Ave, West Fargo, ND 58078

By email: info@thejobhelpers.com

In intimating such infringements, please ensure to include the following information:

(a) A description of the particular copyright work you allege is being infringed with registration information of such appointment with the copyright office).

(bThe infringing material’s location on the Site

(cYour signature (digital or hardcopy)

(dYour address, telephone number, email, and

(eA statement (preferably notarized and made under penalty of perjurythat:

(iYou are either the copyright owner or are authorized to act on the copyright owner’s behalf;

(iiYou believe that the rights of the infringed copyright owner are in good faith and that neither the copyright owner, its agents, nor the applicable law have authorized the alleged infringement of the subject material.

INDEMNITY

Arising from the above infringement of trademarks etc.the User/ Client should be conscious that they should agree to indemnify TJH, its officers, agents, partners, and employees from any claim or demand. It includes a reasonable fee as attorneys fees arising from the particular User/ Clients use of the Site (or any contentfor any violation of these terms, including thirdparty’s copyrights and trademark rights.

WARRANTIES

The TJH site, its services, and Content are provided to the Client/User as they are and are available without a warranty of any kind, unless where such warranty exclusions are illegal by lawTherefore no party could claim an exception to this position unless expressly provided otherwise in a written agreement between TJH and the Client/User.

Certain states do not allow exclusions, limitations, and implied warranties, so the above limitations may not apply to the User/Client. In such conditions, the liability of TJH will be limited to the maximum extent permitted by the applicable lawExcept for the guarantees set forth above, in the Section titled & “Refund Policy, ” TJH could in no way give warranties or guarantees regarding the effectivenesstimeliness of its services in meeting a clients employment needsTJH neither guarantees that its services will result in its clients getting hired nor holds itself responsible or liable for the business stability, employment terms, hiring policies, salary, and other eventualities that may arise at the point of employment.

RISKS

By the users very act of deciding to use the TJH site, the user has agreed to bear all risks that the use of the Site may entail. Together with the understanding that the TJH site and the information therein are suitable or accurate for the users needs and will be uninterrupted, timely, secure, and errorfreeThus any applications downloaded or otherwise obtained through the Site are at the users discretion, at their risk, and hence are solely responsible for any damage to the users computer or data loss.

DAMAGES

Unless to the extent specified in the State or Federal law, the User/Client should agree that neither TJH nor any of its officers, directors, employees, affiliates, agents, partners, and suppliers will be liable to the user and its representative. TJH is not accountable to an entity for direct, indirect, consequential, special, punitive, or incidental damages. It includes but is not limited to lost profits, loss of privacy, or failure to meet any duty, including any obligation of good faith, lack of negligence, or professional effortwhatsoever that may arise from or concerning the Site, its services, and ContentThis exclusion applies to a breach of terms even if the information was available prior, or TJH was advised of the possibility of such damages, or in the event of a fault, tort (including negligence), strict or product liabilityHowever, specific States do not allow the exclusion or limitation of liability for consequential damages, the rules mentioned above may not apply to users in such States, and the liability of the Organization will be limited to the maximum extent specified by the applicable law.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

The company will not intentionally violate its terms and conditions. However, suppose such an occurrence occurs by the company, its affiliates, or agents. In that case, the Client/User has to accept that the best and most prudent remedy for such breaches could be the companys discretionary powers based on goodwillIn this, the remedies available would be:

(1Reworkedreplacement of relevant sections or all of the documents that caused damages to a User/Client with 5 edits or

(2A refund of the amount you paid to the company considering TJHs inability to provide the services undertaken.

The Client/User agrees that the damage exclusions in these terms may apply even if any remedy fails in its essential purpose.

REPRESENTATIONS

A Client/User will make their representation and warrant for the benefit of the company and its stakeholders mentioned, with other terms and obligations contained therein, to the effect that:

(a) The ClientUser is of legal age and is endowed with the necessary capacity and requirements to enter into representations and warranties contained in these Terms.

(bAll information the client/user provides to the Site is true and correct.

(cThe Client/ User will not use the Site for any unlawful purpose or use prohibited as specified on the Site.

(dThe clientuser has ownership of the Content submitted and that it is original.

(eThe subject content will not violate a third party’s copyright, trademark, and publicity/privacy rights.

(fContent will not be the subject of defamation or libel and is not illegal in any way.

(g) The Client/User agrees to defend, indemnify, and protect the company, its agents, representatives, employees, etc.against potential harm due to breaches of (athrough (g).

INTERNATIONAL USAGE

The TJH, from its offices within the United States of America, will control and operate this Site. It makes no representation to make the Site, its services, or any related contentinformation offered therein as appropriate and available in locations outside the USAccordingly, the site users agree to comply with all applicable laws on the technical data transmitted and exported from the United States and the relevant laws of the country of residence (if different from the United States). However, parties that access the Site within the EU will be protected by the GDPR and our Privacy Policy. Beyond that, those who access the Site from alternative locations may do so at their sole discretion and are required/responsible for complying with the applicable local laws.

The user may not use or export the Site services violating Uexport laws and regulations.

LINKS TO THIRDPARTY SITES

The thirdparty sites to which the TJH site may have links are not under the control of TJH. TJH is not responsible for the Content or activity of any of these linked sitesThese links are provided essentially as a convenience. That provision of the links does not imply that TJH accepts or endorses any responsibility for the Content of those thirdparty sitesTherefore the access to a thirdparty site by a user is done at the users own riskIn addition, a users patronization, promotion, or advertising of a third party site through the TJH site, including payment, delivery of services and warranties, etc., are solely the responsibility of the user and that particular third party site, and thus, will not constitute any obligation on TJH.

LINKS FROM THIRDPARTY SITES

More often than not, the Organization is unaware that a third party has links to the Site. Hence, a thirdparty website that links to the Site should not be an implication that TJH endorses, authorizes, sponsors, affiliates, or treats as a joint venture or a partnership such links and their contentsTherefore the thirdparty links, 

(aMay link to, but not replicate, the contents of the TJH site.

(bMay not, as a result, create a browserborder environment or frame the Organization’s Content.

(cMay not imply that TJH is endorsing that link or its products or services.

(dMay not misrepresent a relationship with TJH.

(eMay does not mean falsification or misleading information on TJH’s Services.

(f) Should refrain from including construed Content known as distasteful, offensive, or controversial.

(gShould contain only Content acceptable to all age groups.

 

CONTENT SUBMISSION AND FEEDBACK

By submitting Content to TJH, a Client/User automatically grants TJH an irrevocable, nonexclusive, royaltyfree, and assignable right. It is a license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative work, transmit, distribute, and publicly display. Such Content can be promoted on any website operated by and in any related marketing content produced by TJH and its affiliatesHowever, TJH does not claim to own the Content of a Client/User until and unless the particular user enters into a separate written agreement with TJH transferring the ownership of the Content submitted.

However, TJH owns all the rights to its Site’s contents, including media or technology incorporation of the ContentTJH will grant the client an expressed nonexclusive, nonassignable, and nonsublicensable right and license under TJHs intellectual property upon the payment of the client’s usual fee, any content drafted by TJH, specifically for the client, for the clients useThis permission, however, is limited strictly to the client’s personal and noncommercial services.

Further, the TJH holds the right to use all feedback, comments, ratings of its services, etc., on its Site for marketing purposesUsing that feedback on comments and ratings, the TJH will ensure its creative use in its marketing content by using the right to use the first and last names and titlesThe name of the company Client works at will be used for TJH marketing purposes once the client successfully secures employment, ensuring the confidentiality of the rest of the information.

AMENDMENTS

TJH will amend or modify the existing terms and impose new conditions as required at such times by updating the current terms and conditions on the Site. TJH will notify the Client/User through the TJH site or personal emailConsequent to this notification, it will be considered the use of the Site to upload Content or to place orders for services by a Client/User will serve as acceptance of the modifiedupdated TJH terms by that ClientUser.

However, suppose a particular Client/ User does not wish to accept the updated terms and conditions. In that case, such a Client/User will be free to terminate their registration by refraining from using the Site or discontinuing placing ordersAs for amendments, other than those relating to the terms and conditions or to the use of the Site, the validity of such modification is acceptable only when such revisions are written and signed by the TJH and the Client/User.

NOTICES

Any notices warranted under the terms and conditions herein should be made to TJH by postal mail at:

931, Eaglewood Ave, West Fargo, ND 58078, or to the address of a successor named by the Organization.

Alternatively, such notices may also be in any other acceptable/usual manner and mode specified by TJH on its SiteFurther, if the law stipulates (and not otherwise) that TJH accepts email notices, the interested party may send the Organization an email notice using the Organization’s contact form info@thjobhelpers.comRegarding the Organization’s statements to you, TJH may provide information on amendments by posting them on the Site, and the Client/Users should check for changes onlineInstead of, or in addition, and where it is specifically relevant, the Organization may give notice using the email address provided during the registration. During invalidity, when communicating via email, it needs to be notified within 24 hours after receiving the mail.

DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER.

The following is to do with your fundamental rights, and therefore, please read carefully.

The policy of TJH is to carry out its services with no disputes as it values the Organizations goodwill above everything elseHowever, to avoid misunderstandings, TJH requires its customers to understand the possible conflicts and how to resolve them expeditiously.

The clients, as well as TJH, realize the value of carrying out their business without disputes. In our business, most problems encountered can be resolved quickly and to the Client/User’s satisfaction by contacting us at info@thejobhelpers.comDespite all this, bonhomie disputes may yet arise; therefore, in case of a dispute, the best way to solve it could be through negotiationsarbitrationWe always prefer this method vs. the courts or small claims courts, but this arbitration must be enforceable once doneIn business, arbitration is always the first step, and in the United States, the Federal Arbitration Act governs the interpretation and enforcement of arbitrationThis method is informal and expeditious compared to a lawsuit in court.

In arbitration, a neutral arbitrator with a basic knowledge of the law is available to determine the settlement that protects the interests of the two parties. Arbitrators have certain powers defined by the act and hence may proceed to award damages and relief on an individual basis as a court would award to an individual. An arbitrator must act within the powers the act granted, just like a court. In arbitration, there is no judge or jury, and when the two parties agree to arbitrate, they waive the right to a judge or a jury. If either party does not favor the settlement, they reserve the right to optout and litigate in court before a judge or jury.

Per this provision, The Job Helpers means TJH, their respective officers, directors, employees, and agentsThe term " Dispute means any disagreement, a claim, or controversy between TJH and its clients/employees, etcSimilar to claims asserted by the clients against the TJH in the same proceeding. This relationship between the two could be on a contract, a statute, a regulation, an ordinance, or a specific tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence). This relationship could rely on any other legal or equitable theory. It should consist of this provision’s validity, enforceability, and scope (except for the enforceability of the Class Action Waiver clause below). In defining the " Dispute, it is advisable to give the broadest possible scope to cover a more comprehensive range and to be enforceable in accommodating claims by third parties as well with services or products provided or billed to TJH (such as The Job Helpers licensors, suppliers, or third party vendors).

TJH and its business associates understand that all disputes, whether based on current or past activities or acts or omissions except as provided below and as defined above, can be resolved by binding arbitration under this provision rather than in a court of law.

PreArbitration Claim Resolution

In dispute resolution, there could also be a pre –Arbitration stageFor example, when a client has a dispute with The Job Helpers, the first option would be to present the conflict to the TJH and expect a reasonable solutionIf this

does not happen during the business, the client could take this up officially with TJH before you declare your intention to arbitrate by sending the following notice to info@thejobhelpers.comwith the information specified below,

(1Clients name.

(2Clients address, telephone number, and email address (if not established in the email).

(3A description of the claim.

(4A description of the relief expected.

Upon this notice, If TJH takes no steps to resolve the dispute within 45 days to the satisfaction of the noticer, the noticer is free to choose the arbitration process.

However, the circumstances described below may need to be present to resolve the court disputePlease consider that the TJH has the same right and may follow the same procedure if they are the aggrieved party.

Arbitration Procedures

This Section details the way forward if a dispute does not resolve through Pre-Arbitration Claim Resolution (above). Either party, the Client/User, or The Job Helpers may initiate arbitration proceedings.

It is the American Arbitration Association (“AAA”or the Judicial Arbitration and Mediation Services (JAMSthat are acknowledged to arbitrate all disputesAs for the AAA, its Supplementary Procedures for ConsumerRelated Disputes existing as of the

time of the arbitration filing will apply, and the AAA rules are also available at www.adr.orgBy calling 18007787879, obtain further clarifications.

For JAMS, the JAMS Comprehensive Arbitration Rules Procedures existing at the time of the arbitration filing will applyThe JAMS rules are also available at www.jamsadr.com, or receive information by calling 18003525267.

Class action procedures or practices will not apply to an arbitration under any circumstances, and this Section will control in the event of conflicts in the applicable arbitration rules.

Once the arbitration process commences, the arbitrator will decide all the issues concerning the case, which may include the scope of this SectionFurther, the arbitration will always begin as an individual arbitration and not, in any event, as a class arbitration.