This document was last updated on September 16, 2015.
ACCOUNT. If you create an account on this Website, you agree that all information you provide will be accurate and that you will keep such information current at all times. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.
MINIMUM AGE REQUIREMENT. This Website is intended solely for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using this Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract.
PERMISSIBLE CONDUCT. You may access and use the Website only for personal, non-commercial, lawful purposes. To the extent that you post any content on the Website or submit any content to Jobyack, you warrant and represent that such content is not illegal, obscene, pornographic, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, any form of “spam” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Jobyack reserves the right (but not the obligation) to remove or edit such content. You will not upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You grant Jobyack a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Jobyack the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Jobyack for all claims resulting from content you supply. Jobyack has the right but not the obligation to monitor and edit or remove any activity or content. Jobyack takes no responsibility and assumes no liability for any content posted by you or any third party.
LICENSE AND SITE ACCESS. Jobyack grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jobyack. This license does not include any resale or commercial use of this Website or its contents. No content on this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Jobyack. You may not frame or utilize framing techniques to enclose any content on this Website without express written consent of Jobyack.
DISCLOSURES. You acknowledge, consent and agree that Jobyack may access, preserve and disclose your account information and any and all content posted by you on the Website if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce the terms of these Terms and Conditions, (c) respond to claims that any content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Jobyack, its users and the public.
COPYRIGHTS AND TRADEMARKS. All content included on this Website is the property of Jobyack, its content suppliers or its licensors and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Jobyack and protected by U.S. and international copyright laws. All software used on this site is the property of Jobyack or its software suppliers and protected by United States and international copyright laws. The Jobyack name and logo are owned by Jobyack and may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jobyack. All other trademarks not owned by Jobyack that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Jobyack.
TERMINATION OR CANCELLATION. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms and Conditions, your access to the Website, and/or your account, or suspend or block your access to the Website.
INDEMNIFICATION. As a condition of your access to and use of the Website, you agree to hold Jobyack, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (a) your access to and use of the Website and the content therein; (b) your violation of these Terms and Conditions, and any applicable law or the rights of another person or party; (c) your improper authorization for Jobyack to collect, use or disclose any data or content provided by you; and (d) any disclosures made with your permission (including, without limitation, your consent that Jobyack disclose your personal information and other information collected as set forth herein and/or in any Jobyack privacy policy).
DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED BY JOBYACK ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBYACK MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THE WEBSITE. JOBYACK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBYACK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER JOBYACK, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF JOBYACK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT. If you believe that any works on this Website infringe your copyright rights, please provide our copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Our Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Douglas M. Isenberg, Esq.
The GigaLaw Firm
5555 Glenridge Connector
Suite 200
Atlanta, Georgia 30342
USA
Fax: 1-678-681-9681
E-mail: copyright@jobyack.com
DISPUTES. You will resolve any claim, cause of action or dispute (claim) you have with Jobyack exclusively in the U.S. District Court for the District of Columbia or a state court located in the District of Columbia and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the District of Columbia will govern these Terms and Conditions, as well as any claim that might arise between you and Jobyack, without regard to conflict of law provisions.
ADDITIONAL TERMS. The Terms and Conditions constitute the entire agreement between you and Jobyack with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Jobyack with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Jobyack. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. The headings used in the Terms and Conditions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of the Terms and Conditions or any provision thereof. This Website is owned and operated by Jobyack (sometimes referred to herein as “we”, “us” or “our”).
AMENDMENTS. Jobyack may make changes to these Terms and Conditions from time to time and, when doing so, will indicate same by updating the date above and/or informing you via e-mail and/or other notices on the Website. Your continued use of the Website, following notice of such changes, constitutes your acceptance of our amended Terms and Conditions.
