Terms of
Use Agreement
Effective
Date: This Terms of Use Agreement was last updated on July
13, 2009.
This Terms
of Use Agreement (the "Agreement") sets forth the standards of use
of the Jobbitz.com Online Service. By using the www.jobbitz.com ("Jobbitz.com")
website, you (the "Member") agree to these terms and conditions.
If you do not agree to the terms and conditions of the Agreement, you
should immediately cease all usage of this website. We reserve the
right, at any time, to modify, alter, or update the terms and conditions
of the Agreement without prior notice. Modifications shall become
effective immediately upon being posted at the Jobbitz.com website.
Your continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, the Agreement may not be amended.
The Agreement operates to the fullest extent permissible by law.
If any provision herein is unlawful, unenforceable, or void, that specific
provision is deemed severable from the Agreement and does not affect
the validity and enforceability of any remaining provisions.
Description
of Service
Jobbitz.com
is providing the Member with a forum in which to post job or "help-wanted"
needs as well as a forum to find work.
Eligibility
By visiting
Jobbitz.com or accepting these terms, the Member is representing and
warranting to Jobbitz.com, LLC that the Member has reached the age of
eighteen (18), is able to form legally binding contracts, and that the
Member has the right, authority, and capacity to agree and abide by
the Agreement.
Content
The Member
acknowledges that all postings, including, but not limited to, text,
applications, files, images, photos, sounds, or videos (hereafter, collectively
referred to as "Content"), on Jobbitz.com are the sole responsibility
of the person from whom such Content originated. The Member is
responsible for each piece of Content that the Member posts or makes
available in connection with or through Jobbitz.com. Jobbitz.com
does not claim ownership rights in any Content that a Member submits
or posts in connection with or through Jobbitz.com. When a Member
submits or posts any Content, the Member is representing that: 1) the
Member owns the Content posted in connection with or through Jobbitz.com
and 2) all Content posted in connection with or through Jobbitz.com
does not violate the contract rights, copyrights, privacy rights, publicity
rights, or any other rights of any person or entity. When the
Member posts Content in connection with or through Jobbitz.com, the
Member grants a non-exclusive, fully-paid, and worldwide license to
Jobbitz.com to distribute, modify, publish, and publicly display that
Content in connection with or through Jobbitz.com. The Member
may not copy, display, distribute, modify, publish, sell, or otherwise
use any Content of another Member without the express written consent
of Jobbitz.com.
Prohibited
Content
Posting Content
that is prohibited by Jobbitz.com is a breach of the Agreement.
Jobbitz.com, LLC reserves the right to investigate and take appropriate
legal action against any Member(s) who in the sole discretion of Jobbitz.com,
LLC is determined to violate this provision. Jobbitz.com, LLC
reserves the right to remove the prohibited Content from Jobbitz.com,
terminate any user rights of the violating Member(s), and/or report
prohibited Content or activities to law enforcement authorities.
Prohibited Conduct includes, but is not limited to:
- Content that is
harmful, threatening, or abusive;
- Content that harasses,
degrades, or is hateful toward either an individual or a group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- Content that exploits
people in a sexual or violent manner;
- Content that is
knowingly false or misleading;
- Content that promotes
illegal activities or conduct that is abusive, defamatory, harassing,
or obscene;
- Content that represents
unauthorized commercial communications;
- Content that violates
any copyright, patent, or trademark;
- Content that involves
the use of viruses, worms, spiders, bots, or any other computer code,
files, or programs that interrupt, destroy, or limit the normal processing
or functionality of any computer hardware or software;
- Content that involves
harvesting or otherwise collecting information about others, including
email addresses, without their consent;
- Content that involves
the transmission of "junk mail" or an unsolicited mass mailing;
or
- Content that promotes
any criminal activity.
Disclaimers
The site is
provided by Jobbitz.com on an "as is" and on an "as available"
basis. To the fullest extent permitted by applicable law, Jobbitz.com
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Jobbitz.com shall have no
liability for any interruptions in the use of this Website. Jobbitz.com
disclaims all warranties with regard to the information provided, including
the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Because services provided by Members
or third parties in connection with or through Jobbitz.com are not services
provided by Jobbitz.com, Jobbitz.com provides no warranties to protect
such services. Some jurisdictions do not allow the exclusion of
implied warranties, therefore such exclusion is inapplicable.
Because Jobbitz.com
is not involved in the actual transaction between Members, Jobbitz.com
is not responsible for any damage, injury, or loss, to person or property,
caused by any Member(s) or third party in connection with or through
Jobbitz.com or the services related to Jobbitz.com. Jobbitz.com
is not responsible for the Content posted on the website or the representations
made in connection with or through services related to Jobbitz.com.
Jobbitz.com assumes no responsibility for any error, omission, deletion,
defect, theft, destruction, or unauthorized access to any communication
between Members or any communications in connection with or through
services provided by Jobbitz.com. The Member is solely responsible
for his/her interactions with other Members of Jobbitz.com or any other
third parties with whom he/she interacts in connection with or through
Jobbitz.com. By posting Content and interacting with other Members
of Jobbitz.com, the Member does so at his/her own risk. Such risks
include, but are not limited to, inadequate performance, improper payment
for service, lack of payment for service, identity theft, or damage
to property or person. Under no circumstances shall Jobbitz.com
be responsible for any loss or damage, including, but not limited to,
property damage, personal injury, or death, resulting from the use of
Jobbitz.com and the services in connection with or through Jobbitz.com.
Jobbitz.com cannot and does not guarantee or promise any specific results,
either in performance or payment, from the use of Jobbitz.com or services
in connection with or through Jobbitz.com. The Member agrees that
Jobbitz.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any service in connection with
or through Jobbitz.com.
Limitation
of Liability
JOBBITZ.COM
SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR JOBBITZ.COM SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES
FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER
SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF JOBBITZ.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
IN SUCH CASES, JOBBITZ.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW.
Regardless
of any preceding paragraph, if Jobbitz.com is found to be liable, our
liability to the Member or any third party is limited to the greater
of (a) the total fees you paid to Jobbitz.com within the twelve (12)
months prior to the action giving rise to liability or (b) one hundred
dollars ($100.00).
Indemnification
The Member
agrees to indemnify and hold Jobbitz.com, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees and costs, made by any third
party due to or arising out of the Member's use of the Service, the
violation of the Agreement, or infringement by the Member, or other
user of the Service using the Member's computer, of any intellectual
property or any other right of any person or entity.
Release
If the Member has a dispute
with one or more other Members, or an individual in connection with
or through services related to Jobbitz.com, the Member releases Jobbitz.com,
LLC, along with all officers, agents, and employees of Jobbitz.com,
LLC, from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or in any way
connected with such disputes.
Agency
No agency, partnership, joint
venture, employee-employer, or franchiser-franchisee relationship is
intended or created by the Agreement. The Member acknowledges
that any services provided by or for the Member in connection with or
through Jobbitz.com are not protected by Jobbitz.com. Such services
are independent of and wholly separate from Jobbitz.com and Jobbitz.com,
LLC.
Modifications
and Interruption to Service
Jobbitz.com
reserves the right to modify or discontinue the Service with or without
notice to the Member. Jobbitz.com shall not be liable to the Member
or any third party should Jobbitz.com exercise its right to modify or
discontinue the Service. The Member acknowledges and accepts that Jobbitz.com
does not guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
Third-Party
Sites
Our website
may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or the content
located on or through, any third-party site. You should contact
the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to the terms
of use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of
third-parties' sites.
Governing
Jurisdiction of the Courts of North Carolina
Our website
is operated and provided in the State of North Carolina. As such,
the Agreement and the Member's use of Jobbitz.com shall be governed
and construed in accordance with the laws of the State of North Carolina
applicable to agreements made and to be entirely performed within the
State of North Carolina, even if the Member's personal use is outside
the State of North Carolina. We make no representation that our
website or other services are appropriate, legal or available for use
in other locations. Accordingly, if you choose to access our site
you agree that any claim or dispute you may have against Jobbitz.com,
LLC, including, but not limited to, any dispute arising out of the Agreement
or in connection with or through services related to Jobbitz.com, must
be resolved exclusively by a state or federal court located in Buncombe
County, North Carolina. The Member irrevocably and unconditionally
agrees to submit to the exclusive jurisdiction of the courts located
in Buncombe County, North Carolina for the purpose of litigating such
claims.
BY AGREEING
TO THE TERMS OF USE AGREEMENT, MEMBER IS KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVING ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT.
MEMBER ACKNOWLEDGES THAT HE/SHE WILL ENFORCE THIS WAIVER OF RIGHT TO
TRIAL BY JURY. MEMBER ACKNOWLEDGES THAT BOTH THIS WAIVER AND THE
RESOLUTION OF ANY DISPUTE ARISING OUT OF THE AGREEMENT IN NORTH CAROLINA
ARE MATERIAL INDUCEMENTS FOR JOBBITZ.COM TO ENTER THE AGREEMENT.
Compliance
with Laws
The Member
assumes all knowledge of applicable law and is responsible for compliance
with any such laws. The Member may not use the Service in any
way that violates applicable state, federal, or international laws,
regulations or other government requirements. The Member further agrees
not to transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content
included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is © 2009 Jobbitz.com,
LLC, with all rights reserved, or is the property of Jobbitz.com, LLC
and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer
of Jobbitz.com, LLC is strictly prohibited. Members agree that
they will not use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of Jobbitz.com,
LLC
Jobbitz™
and Jobbitz.com™ are proprietary marks of Jobbitz.com, LLC.
Jobbitz.com, LLC's trademarks may not be used in connection with any
product or service that is not provided by Jobbitz.com, LLC, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Jobbitz.com, LLC.
All other trademarks
displayed on Jobbitz.com, LLC's website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with Jobbitz.com,
LLC.
Notification
of Claimed Copyright Infringement
Pursuant to
Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Jobbitz.com, LLC designates the following
individual as its agent for receipt of notifications of claimed copyright
infringement.
John Fleming
MWB Corporate
Services, LLC
P.O. Box 3180
Asheville,
NC 28802
If any provision
of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and
enforceable to the maximum possible extent. The Member agrees
that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Jobbitz.com, in our sole discretion, to a
third party in the event of a merger or acquisition. This Terms
of Use Agreement shall apply in addition to, and shall not be superseded
by, any other written agreement between us in relation to your participation
as a Member. The Member agrees that by accepting this Terms of
Use Agreement, the Member is consenting to the use and disclosure of
their personally identifiable information and other practices described
in our Privacy Policy Statement.
I HAVE READ
THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
