Welcome to the Jungle Solutions’
Website Terms of Use

Last Updated/Effective Date: 27 April 2026

Introduction

PLEASE READ THESE TERMS OF USE (THE "TOU") CAREFULLY. PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY WTTJ IN ITS SOLE DISCRETION AT ANY TIME. WHEN CHANGES ARE MADE, WTTJ WILL MAKE A NEW COPY OF THESE TERMS OF USE AVAILABLE ON THE WEBSITE. WE WILL ALSO UPDATE THE "LAST UPDATED" DATE AT THE TOP OF THE TERMS OF USE. EVERY TIME YOU WISH TO USE OUR WEBSITE, PLEASE CHECK THESE TERMS TO ENSURE YOU UNDERSTAND THE TERMS THAT APPLY AT THAT TIME. YOU CAN REVIEW THE CURRENT VERSION OF THE TOUS AT ANY TIME ON THIS PAGE.

  • The Website are owned and operated by Coruscant SAS doing business as Welcome to the Jungle ("WTTJ," "we," "us," or "our") under the RCS number 802 162 628, registered office located at 8-10 rue Saint Fiacre, 75002 Paris, France. For more corporate information about us click on link to Legal Notice.
  • These TOUs apply to use of our Website by companies interested in learning about WTTJ's products and services (hereinafter referred to as "Prospective Customers"). The term "YOU" refers to the individual or legal entity, as applicable, identified as the user when visiting, accessing, browsing or using our Website. If you do not agree with these TOUs, then you must immediately stop using the Website.

If you have already signed a contract with WTTJ for the use of WTTJ recruiting solutions, separate terms and conditions apply to your use of our products, available at Recruiters terms and conditions.

If you are a candidate and are interested in registering to Welcome to the Jungle platform separate terms of use apply, available here.

 

PART A: ABOUT US / OBLIGATIONS

  • Presentation of the Welcome to the Jungle Solutions Website

Through the Website, we offer:

  • Information about our recruitment and employer branding solutions;
  • Demonstrations and consultations for Prospective Customers based in France, UK and in the US;
  • Access to our media content on work-related topics intended for recruiters and managers (the “Content”);
  • Interactive features such as contact forms, demo requests, account registration, and customer testimonials.

The Content available on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content available on our Website.

  • Changes to Welcome to the Jungle Website

We may update and change our Website from time to time to reflect changes to our product offerings, Content, and business priorities. This may include modifications to the design, functionality, or information available on the Website.

We do not guarantee that our Website or any Content will always be available, uninterrupted, or error-free. We reserve the right to modify, suspend, or discontinue any part of the Website at any time, with or without notice, for maintenance, updates, or other operational reasons.

  • Your obligations

You are responsible for configuring your information technology, computer programs, and platform to access our Website. You should use your own virus protection software.

You agree to use the Website in compliance with all applicable laws, rules, and regulations.

As a consequence, when using the Website, you must not:

  • Use the Website for any unlawful purpose or in any way that violates these TOU;
  • License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website;
  • Except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Website;
  • Misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
  • Attack our Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Use automated tools (including robots, spiders, scrapers, or AI systems) to access, copy, or monitor the Website, except as follows:

(i) Search Engines: We grant search engine operators revocable permission to use spiders solely to create publicly searchable indices of the Website (but not caches or archives of such materials);

(ii) AI Systems and Large Language Models: We permit AI systems to access and index publicly available Content (such as blog articles and public resources) for the purpose of generating informational responses, subject to the following conditions:

  • Proper attribution to "Welcome to the Jungle" must be provided, with a link to the source where technically feasible;
  • Premium or gated Content (including ebooks, webinars, case studies, and resources requiring form submission) may not be accessed or reproduced without express written permission;
  • Use of any Content for training or improving commercial AI models requires a separate licensing agreement;
  • All automated access must respect our robots.txt file, ai.txt file (if applicable), and any other technical restrictions we implement;
  • Access must not overburden our systems or interfere with the Website's normal operation.
  • Frame or embed any WTTJ trademarks, logos, images, or Content without authorization;
  • Use any metatags or other "hidden text" using WTTJ's name or trademarks;
  • Remove or destroy any copyright notices or other proprietary markings contained on or in the Platform;
  • Infringe WTTJ's intellectual property or other rights, including, but not limited to, (i) copying or distributing our Content available on the Website, or (ii) using the term "Welcome to the Jungle";
  • Reverse engineer, decompile, reverse compile, disassemble, decipher, modify, translate, adapt, merge, make derivative works of, or generally attempt to obtain the source code of the Website or any related technology, except to the extent the foregoing restrictions are expressly authorised by applicable law;
  • Use the Website in any way which:
    • (i) causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
    • (ii) is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order.

In the event of a breach of the foregoing restrictions or obligations, we reserve the right to immediately cease your right to use the Website.

If WTTJ becomes aware of any possible violations by you of these TOUs, WTTJ reserves the right to investigate such violations. If, as a result of the investigation, WTTJ believes that criminal activity has occurred, WTTJ reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. WTTJ is entitled, except to the extent prohibited by applicable law, to disclose any information or materials in WTTJ's possession in connection with your use of the Website, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these TOUs, (iii) respond to your requests for customer service, or (iv) protect the rights, property or personal safety of WTTJ, its users or the public, and all enforcement or other government officials, as WTTJ in its sole discretion believes to be necessary or appropriate.

  • Privacy & Data Protection

We take your privacy seriously and process your personal data in compliance with applicable data protection laws, including:

  • The GDPR for users in the EU and UK;
  • The California Consumer Privacy Act (CCPA) and other applicable U.S. state laws.

When you use our Website, we may collect personal data such as your contact information, technical data, and information about your interactions with our Website. We use this data to respond to your inquiries, provide information about our solutions, and improve our services.

For full details of WTTJ's commitments regarding the protection of personal data, please consult our Privacy Policy and our Legal Center which forms an integral part of these TOUs.

 

PART B: INTELLECTUAL PROPERTY & REPORTING CONTENT

  • Intellectual Property

"Welcome to the Jungle" and all related graphics, logos, service marks and trade names used on or in connection with the Website are the trademarks of WTTJ and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Website are the property of Welcome to the Jungle or their respective owners and may not be used without permission in connection with your, or any third-party, products or services without their owners’ authorisation.

You acknowledge and agree we are the owner or the licensee of all patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world ("Intellectual Property Rights") in our Website and in the material and content published on it, including but not limited to text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and blog posts.

Except as expressly set out in these TOUs, all rights are reserved, and nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website, or any other Intellectual Property Rights, without the owner's prior written permission.

  • Reporting Content

Each user is invited to bring to our attention any Content that may be contentious or contrary to applicable laws or these Terms of Use.

Any report must be made at the following address ask@welcometothejungle.com and must include a description of the contentious facts and their precise location on the Website as well as the reasons why the content should be removed.

Where possible, the user should provide a copy of correspondence sent to the author of the contentious content requesting its removal, or justification that the author could not be contacted.

  • Treatment of Reports:

We commit to responding promptly to any user notification and to treating each report fairly by adopting a transparent and consistent approach in the review process.

Once a report is received, our teams conduct an initial review. For complex cases, the report is forwarded to our oversight committee responsible for making a final decision.

We commit to taking any appropriate measures in light of the nature of the breach, which may include: a warning, removal of the contentious content, temporary or permanent suspension of access, etc.

We will keep you informed of the actions taken regarding the report.

  • Linking
  • Linking to our Website

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to our Website without our authorisation.

If you wish to link to or make any use of Content on our Website, please contact us at ask@welcometothejungle.com.

  • Linking to other websites

Where our Website contains links to other websites and resources provided by third parties, these links are provided for convenience only. WTTJ does not review, approve, monitor, endorse, warrant, or make any representations with respect to such sites. Such links should not be interpreted as approval by WTTJ of those linked websites or information you may obtain from them. Unless expressly stated, these sites are not under the control of WTTJ or that of our affiliates. You use such sites at your own risk.

We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. When you click on a link to a third-party site, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. You should review applicable terms and policies, including privacy and data gathering practices, of any such third-party site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

PART C: DISCLAIMERS, LIMITATIONS AND INDEMNITY

  • Disclaimers

THE WEBSITE AND ALL CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE, FROM US OR FROM THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING US OR THE WEBSITE THAT IS NOT EXPRESSLY STATED IN THESE TOUs.

THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE WEBSITE SHALL BE BORNE SOLELY BY YOU. THE WTTJ PARTIES AND WTTJ'S LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE.

MORE SPECIFICALLY, WE DISCLAIM ANY WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, (iv) THAT THE USE OF THE WEBSITE WILL ALLOW YOU TO OBTAIN CERTAIN RESULTS, OR (v) THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE. YOU ACKNOWLEDGE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR SOLE RISK AND DISCRETION. WTTJ WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

  • Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WTTJ BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF BUSINESS, LOSS OF REPUTATION, LOSS OF OPPORTUNITIES, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TOUS, THE USE OF OR INABILITY TO USE THE WEBSITE, ON ANY THEORY OF LIABILITY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, WTTJ WILL NOT BE LIABLE FOR MORE THAN €100. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF WTTJ FOR (i) DEATH OR PERSONAL INJURY CAUSED BY WTTJ’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY WTT'S FRAUD OR FRAUDULENT MISREPRESENTATION;OR FOR (iii) ANY OTHER REASON WHERE LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WTTJ AND YOU.

  • Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Website, and you will indemnify, defend, and hold harmless us, our affiliates and our and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively, the "WTTJ Parties") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Website; (2) your violation of any portion of these TOUs, any representation, warranty, or policy referenced in these TOUs or any applicable law, rule, or regulation; (3) your violation of any third-party right, including any Intellectual Property Right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You agree that the provisions in this section will survive any termination of the TOUs and/or your access to the Website.

 

PART D: MISCELLANEOUS

  • Electronic Communications

The communications between you and WTTJ may take place via electronic means, whether you visit the Website or send WTTJ e-mails, or whether WTTJ posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from WTTJ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WTTJ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. For US residents, the foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

  • Force Majeure

WTTJ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

  • Entire Agreement & Waiver

These TOUs, including those policies mentioned herein, constitute the entire agreement between WTTJ and you regarding use of the Website and supersede all prior discussions or agreements on the same subject.

If any portion of these TOUs is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Any waiver or failure to enforce any provision of these TOUs on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

  • Survival

Those provisions which by their nature should survive termination of these TOUs will survive termination of these TOUs including the Part E (Jurisdiction-Specific Provisions) and all disclaimers, limitations of liability and indemnification provisions herein.

 

PART E: JURISDICTION-SPECIFIC PROVISIONS

The following provisions apply depending on your location. Please read the section that applies to you carefully.

  • FOR USERS IN FRANCE AND GLOBAL USERS

This Section 19 applies solely to companies or individuals located in France, in the UK or anywhere in the world except the USA where section 20 below apply respectively.

  • Governing Law and Jurisdiction

These TOUs, their subject matter and their formation (and any non-contractual disputes or claims) are governed by French law. In the event of a dispute, the parties agree to first attempt to resolve the matter amicably. If amicable resolution fails, any disputes arising from the interpretation, execution, or termination of these TOUs shall be submitted to the exclusive jurisdiction of the Paris commercial courts, even in cases of multiple defendants, summary proceedings, third-party claims, or applications.

  • Language

These TOUs are available in French and in English. In the event of any inconsistency between the English version and the French version, the French version shall prevail for users located in France.

 

  • FOR USERS IN THE UNITED STATES

Section 20 applies solely to companies or individuals located in the United-States of America.

  • PART D: DMCA NOTICE
    1. DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an Intellectual Property Rights-related complaint about any material on the Website, you may contact our Designated Agent at the following address:

Coruscant SAS
Attn: Legal Department (IP Notification)
8-10 rue Saint Fiacre, 75002 Paris
Email: legal@wttj.co

  • Procedure for Reporting Claimed Infringement

If you believe that any Content made available on or through the Website has been used or exploited in a manner that infringes an Intellectual Property Right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b. a description of the copyrighted work or other Intellectual Property Right that you claim has been infringed;

c. a description of the material that you claim is infringing and where it is located on the Website;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright or other Intellectual Property Right owner, its agent, or the law; and

f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other Intellectual Property Right owner or authorized to act on the copyright or Intellectual Property Right owner's behalf.

Your Notification of Claimed Infringement may be shared by WTTJ with the operators of publicly available databases that track notifications of claimed infringement, and you consent to WTTJ making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

  1. False Notifications of Claimed Infringement or Counter Notifications

The Copyright Act provides at 17 U.S.C. § 512(f) that: "[any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Welcome to the Jungle] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it." WTTJ reserves the right to seek damages from any party that submits a Notification of Claimed Infringement in violation of the law.

  • Releases

You hereby release and forever discharge WTTJ (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other users or any third-party sites linked on the Platform).

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a WTTJ Party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform provided hereunder.

  • ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 20.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TOUS.

  1. Applicability of Arbitration Agreement

Subject to the terms of this Arbitration Agreement, you and WTTJ agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Website, any communications you receive, any products sold or distributed through the Website or these TOUs and prior versions of these TOUs, including claims and disputes that arose between you and us before the effective date of these TOUs (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (i) you and WTTJ may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or WTTJ may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these TOUs as well as claims that may arise after the termination of these TOUs.

  1. Informal Dispute Resolution

There might be instances when a Dispute arises between you and WTTJ. If that occurs, WTTJ is committed to working with you to reach a reasonable resolution. You and WTTJ agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome ("Informal Dispute Resolution"). You and WTTJ therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to WTTJ that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@wttj.co or regular mail to our offices located at 8-10 rue Saint Fiacre 75002 Paris France. The Notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

  1. Waiver of Jury Trial

YOU AND WTTJ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WTTJ are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 20.3.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

  1. Waiver of Class and Other Non-Individualized Relief

YOU AND WTTJ AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 20.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 20.3.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WTTJ agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or WTTJ from participating in a class-wide settlement of claims.

  1. Rules and Forum

This Arbitration Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and WTTJ agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). The Request must include: (1) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username (if applicable) as well as the your email address; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and WTTJ otherwise agree, or the Batch Arbitration process discussed in Section 20.3.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and WTTJ agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

  1. Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 20.3.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

  1. Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 20.3.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 20.3.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 20.3.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 20.3.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 20.3.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

  1. Attorneys' Fees and Costs

The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or WTTJ need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

  1. Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and WTTJ agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against WTTJ by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").

All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by WTTJ.

You and WTTJ agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

  1. 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@wttj.co, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

  1. Invalidity, Expiration

Except as provided in Section 20.3.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement 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 Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with WTTJ as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

  1. Modification

Notwithstanding any provision in these TOUs to the contrary and where possible, we agree that if WTTJ makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to WTTJ at 8-10 rue Saint Fiacre 75002 Paris, France your continued use of the Website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Website, any communications you receive, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. WTTJ will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these TOUs.

  1. Exclusive Venue

To the extent the parties are permitted under these TOUs to initiate litigation in a court, both you and WTTJ agree that all claims and disputes arising out of or relating to these TOUs will be litigated exclusively in the state or federal courts located in the State of New York, New York County.

  1. Governing Law

THESE TOUs AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.

 

 

END OF TERMS OF USE