BY REGISTERING WITH JOBCASE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
By accessing Jobcase or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access Jobcase or use the Services.
Modifications and Amendments. We reserve the right, in our sole discretion, to modify this Agreement at any time, so please review Jobcase frequently for any changes. Amendments to this Agreement will be posted on the Site and will be effective when posted. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the modified Agreement through your continued access or use of Jobcase or the Services.
Services; Locations; Appearance. The Services currently enable you, among other things, to create a user profile, import a resume, search for employers and job listings, apply for open positions through job listings, interact with other Jobcase users (“Members”), and upload User Content (as defined below) to the Site. The Services also enable you or your company to manage, collectively or in part, location pages created on the Jobcase Network (as defined below) which correspond to physical locations where your company employs people (“Locations”). Locations currently enable you to promote your talent brands, have an official voice in ongoing conversations that are specific to your brands, and list job openings that are specific to you talent needs. Locations are maintained on the Site, while all or parts of Locations, such as open job listings, may also be promoted throughout the Jobcase Network. Locations will feature elements (e.g., user reviews) over which you will not have control. The “Jobcase Network” encompasses any website, including but not limited to this Site, that is powered, in whole or in part, by our technology. The overall appearance, layout, design, and features of the Jobcase Network and individual Locations are at our absolute discretion and are subject to change at any time without notice to you.
Additional Agreements. In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services such as our StreetSmarts platform. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements will govern.
Membership and Registration
Your Membership. As between you and others, your account belongs to you. You agree to: (1) use a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections and groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Minimum Age. To use the Services, you agree that you must be the “Minimum Age,” which is 13 years or older. However, if law requires that you must be older in order for us to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
Registration. In order to access any of the Services, you will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
Email Communication. You must provide your electronic mail (“email”) address when registering to access any of the Services. We may use your email address, when necessary, to communicate with you regarding the administration of Jobcase. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of Jobcase. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, or (iii) by clicking on the “unsubscribe” link on newsletters and updates.
If you purchase any of our paid Services (“Premium Services”), you agree to the pricing and payment terms for the applicable Premium Services, as we may update them from time to time. Failure to pay these fees may result in the termination of your subscription. Your purchase may be subject to taxes, foreign exchange fees or exchange rates.
Billing Policies. After your initial free trial period for Premium Services, if any, your subscription will automatically renew every month or every year, as per the term of the Services you have chosen. You will be charged the rate stated at the time of purchase, every month or year, until you cancel using the account tools that we provide or by emailing us at email@example.com. Unless there is an explicit annual contract stating otherwise, your rate is subject to change, but we’ll always notify you beforehand. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Premium Services at the prices in effect when such charges are incurred.
No Refunds. If you cancel, previous charges will not be refunded, but you may continue to use the applicable Premium Services until the end of the term you paid for. In the event that we suspend or terminate your account or this Agreement for your breach of this Agreement, you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of any Premium Services, any content or data associated with your account, or for anything else.
Third-Party Payment Processing. WE DO NOT PROCESS PAYMENT FOR THE PREMIUM SERVICES. You must use a third-party payment processor (“Processor”), currently Braintree, a division of PayPal, Inc. (“Braintree”), when subscribing for Premium Services, and your use of the site and services of such Processor as may be designated from time to time is governed by such Processor’s policies. You authorize Processor to store and continue billing your specified payment method (e.g., credit card) even after such payment method has expired, to avoid interruptions in your Premium Services and to facilitate easy payment for new services. All information that you provide us and/or Processor in connection with a purchase or other monetary transaction interaction related to the Premium Services must be accurate, complete, and current.
Taxes. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions. Taxes are calculated based on the billing information you provide us and/or Processor at the time of purchase. You will be responsible for all reasonable expenses (including attorneys' fees) we or Processor incur in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. If at any time we are required by a taxing authority to pay any taxes not previously collected from you, you will promptly pay such taxes (including applicable penalties and interest, if any) upon written notice.
Changes to Premium Services Fees. We may add new Premium Services for additional fees and charges, or amend fees and charges for existing Premium Services, at any time in our sole discretion. Any changes to the fees for Premium Services will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Your License of User Content and Feedback to Us
As between you and us, you own the content, comments, pieces, ideas or other information in any form, including without limitation visual or audio data, that you submit or post through Jobcase or the Services (“User Content”). By posting or otherwise transmitting User Content to us, you hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid up, royalty-free, worldwide license (with the right to sublicense directly or indirectly through multiple tiers) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works of, or incorporate into other works such User Content for any purpose—commercial, advertising, or otherwise—on or in connection with Jobcase, the Jobcase Network, the Services, or the promotion thereof. These rights are limited in the following ways:
- While we may edit and make formatting changes to User Content (such as translating it, modifying the size, layout or file type or removing metadata), we will try not to modify the meaning of your expression.
- Because you own User Content and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
You also hereby grant to us a non-exclusive, worldwide, royalty-free, fully paid up, perpetual and irrevocable license to copy, anonymize, aggregate, process and create derivative works of data collected from your use of the Services for the purpose of deriving anonymous statistical and usage data, and data related to the functionality of Jobcase and the Services, provided such data cannot be used to identify your or your users (“Anonymous Data”) and combining or incorporating such Anonymous Data with or into other similar data and information available, derived or obtained from other Members, licensees, users, or other sources (when so combined or incorporated, referred to as “Aggregate Data”), for improving our existing Services, developing new Services and generating, using, distributing and displaying statistics for marketing purposes (e.g., indicating the number of Members using certain Services).
You agree to only provide User Content or information if they do not violate the law or anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries. We also reserve the right to remove, alter and/or edit any User Content or refuse to accept, post, display or transmit any User Content in our sole discretion.
Under no circumstances will we be liable in any way for any content or materials of any third parties (including you or any other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
Without limiting the foregoing, we and our designees will have the right to remove any content that violates this Agreement or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
By submitting suggestions, comments for enhancement or functionality or other feedback regarding Jobcase or the Services (“Feedback”) to us, you hereby grant us a royalty-free, fully paid up, worldwide, transferable, sublicensable (directly or indirectly through multiple tiers), irrevocable, perpetual license to use and share such Feedback for any purpose. We have full discretion to determine whether to use or share your Feedback.
Ownership of Intellectual Property
We and our licensors own all rights, title and interest in and to Jobcase and the Services, and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The “Jobcase” name and logo are our trademarks (the “Jobcase Trademarks”), and no right or license is granted to you herein to use such trademarks.
Other company, product, and service names located on Jobcase may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Jobcase Trademarks, the “Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without our prior written consent for each such use. The Trademarks may not be used to disparage us or the applicable third party, our or a third party’s products or services, or in any manner (in our sole reasonable judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any Jobcase Trademark will inure to our benefit.
Jobcase and the Services may provide, or third parties may provide, links or other access to third-party sites and resources that are not under our control, and we are not responsible for and we do not endorse such sites and resources. If you access a third-party site from Jobcase or the Services, then you do so at your own risk. We provide such access or links only as a convenience, and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those third-party sites. Your use of any third-party websites and the services provided by them is governed solely by such site’s policies. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
We welcome links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by us or any group or individual affiliated with us. You may not use on your site any content or Trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
Social Networking Services
In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Use of Jobcase and the Services – Permissions and Restrictions
You may access and use Jobcase and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. We reserve the right to discontinue any aspect of Jobcase or the Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by us and our licensors.
You will not:
- license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Jobcase or Services; or
- modify or make derivative works based upon Jobcase or the Services; or
- reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, underlying structure, ideas, algorithms or method of operation of Jobcase or the Services, or authorize any third party to do any of the foregoing; or
- access or make use of the Services or Jobcase by scripts or automated services; or
- impersonate any person or use a name that you are not authorized to use; or
- compromise, violate or impair system or network security or operation.
Dos and Don’ts
Dos. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
Don'ts. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided on Jobcase);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on Jobcase;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of Jobcase, including, without limitation, using the word “Jobcase” or our logos in any business name, email, or URL;
- Use Jobcase invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by us;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution.
- Create or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on Jobcase in connection with a competitive service (as determined by us);
- Copy, modify or create derivative works of Jobcase, the Services or any related technology (except as expressly authorized by us);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by Jobcase without our express consent (e.g., representing yourself as an accredited Jobcase trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize a Jobcase Member community conversation or forum (“Group”) or any other feature of the Services, without our prior written consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on Jobcase, without our prior written consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisements or proprietary notices included on the Services;
- Collect, use, copy, or transfer any information obtained from Jobcase without our prior written consent;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by us, such as our mobile applications and the Site;
- Override any security feature of the Services; or
- Hack, manipulate, interfere with the operation of, place an unreasonable load on, or otherwise attempt to gain unauthorized access to the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
Complaints Regarding Content Posted on Jobcase
We respect the intellectual property rights of others and desire to offer a platform which contains no content that violates those rights. We require that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, we provide a process for the submission of complaints concerning content posted by our Members. Our policy and procedures relating to complaints of copyright infringement are described below. Any complaints about content posted on the site by users that do not relate to alleged copyright infringement should be directed to firstname.lastname@example.org.
Please note that whether or not we disable access to or remove content, we may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that we have received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or Groups as the case may be, which infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Claims Regarding Copyright Infringement
Notice of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to our Copyright Agent at: email@example.com
Or contact us by mail at:
ATTN: Copyright Agent
Cambridge, MA 02139
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal district court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California (Santa Clara County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to our Copyright Agent via our online submission form or mail to the addresses specified above. It is our policy to remove repeat infringers from Jobcase.
Representations and Warranties.
You represent, warrant and covenant for our benefit that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to enter into this Agreement, perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all User Content you provide to us in connection with this Agreement and your access and use of Jobcase and the Services is correct and current; and (4) you own or control sufficient right, title and interest in and to User Content and that distribution of the same, directly and indirectly, throughout the Jobcase Network does not and will not infringe or conflict with the rights of any third party.
You will indemnify, defend, and hold harmless us and each of our respective employees, officers, directors, and affiliates (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation by a third party against any Indemnified Party arising from or related to: (a) your accessing Jobcase or use of the Services, including any User Content disseminated or transmitted by you and/or your registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. We will provide you with notice of any such claim or allegation, and we will have the right to participate in the defense of any such claim at our expense. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnified Party from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnified Party. IF YOU ARE A USER FROM NEW JERSEY, YOUR OBLIGATIONS UNDER THIS SECTION INDEMNIFICATION PROVISION ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW . IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
THE PARTIES ACKNOWLEDGE THAT JOBCASE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF JOBCASE OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY US WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF THE SITE OR THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THIS DISCLAIMER PROVISION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW . IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SITE, THE SERVICES, THE INFORMATION THEREON, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE OR THE SERVICES; LOST OR DAMAGED DATA; AND LOST PROFITS OR LOST REVENUE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR WE HAVE BEEN NOTIFIED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, EXCEPT AS SET FORTH BELOW.YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF ANY PREMIUM SERVICES PROVIDED BY US WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR SUCH PREMIUM SERVICES DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH DAMAGES. THIS RECOVERY FOR DAMAGES IS CUMULATIVE AND NOT PER INCIDENT.
IF YOU ARE A USER FROM NEW JERSEY, THIS LIMITATION OF LIABILITY PROVISION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Except as otherwise expressly set forth herein, all notices by you to us under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to our address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. We may deliver a notice to you by posting of a general notice on the Site, which will be effective 48 hours after posting.
This Agreement will be effective for as long as you use or access Jobcase or the Services and the sections titled Membership and Registration—Your Membership, Your License of User Content and Feedback to Us, Ownership of Intellectual Property, Third-Party Websites, Social Networking Services, Representations and Warranties, Indemnification, Disclaimer, Limitation of Liability and General Provisions will survive termination or expiration of this Agreement.
We may terminate your Membership without cause, at any time and without notice to you.
We may terminate your Premium Membership immediately if,
- based on our sole judgment, we determine that you have materially breached this Agreement in any manner, including but not limited to (i) violating the section of this Agreement titled Use of Jobcase and the Services – Permissions and Restrictions, or (ii) infringing or violating any of our or any third party’s intellectual property rights; or
- We substantially or entirely stop operating Jobcase or offering the Services.
The termination of your Membership will terminate your access to any Services for which registration is required. Neither us nor any of our affiliates will be liable to you or to any third party for termination of your Membership for any reason. No third party is an intended beneficiary of this Agreement.
Except for any additional agreements between us relating to certain other services we offer, this Agreement is the complete and exclusive statement of the agreement between us and you regarding Jobcase and the Services and supersedes any other agreement or proposal, oral or written (including information on Jobcase), and any other communications between us and you. This Agreement will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of law principles. All disputes arising under this Agreement must be brought in the state or federal courts located in Boston, Massachusetts. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third-party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without our prior written consent. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Jobcase, 201 Broadway Street, Suite 7, Cambridge, MA 02139, (617) 758-2001.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of this Agreement or to pose any questions regarding this Agreement or the Services.