Welcome to Jobs to Know LLC (“Jobs to Know," “we" or “our") website (the “Site"). These Terms
of Use (“Terms") govern your use of the Site.
- DEFINITIONS
- “Affiliate(s)" means any entity that controls, is under common control with, or is
controlled by either party, where “control" means the ownership, direct or indirect,
of a majority of an entity's equity or some other interest entitling or otherwise
allowing the owner to direct the affairs of such entity, specifically including
without limitation, any and all subsidiaries and affiliates of which either party
owns, directly or indirectly, fifty percent (50%) or more of the voting securities.
- “Data" includes both Non-Personal Information and Personally Identifiable
Information (as these terms are defined in the Privacy Policy).
- “Services" means the products and services provided through the Site.
- “Site" refers to the Website, and other related websites, blogs, domains, mobile
sites, online services and applications, maintained by or provided through Jobs to
Know.
- “Jobs to Know," “we," “us" and “our" mean Jobs to Know.
- “Website" means www.jebbee.com.
- “You" and “your" mean the individual or entity visiting or using the Site,
including your child who on his/her behalf you access or use the Site, including
receive the Services.
- ACCEPTANCE OF TERMS
- Jobs to Know provides Service(s) (defined below) to you/your children through its
Site, subject to these Terms.
- By accessing or using the Site, you represent and acknowledge that you have read,
and you understand and agree to be bound by these Terms, and that the information
you provide in registering for any services with Jobs to Know is accurate, complete,
and is yours or within your right to use. If you are entering into these Terms on
behalf of a company or another legal entity, you represent that you have the
authority to bind such entity and its affiliates to these Terms, in which case the
terms “you," “your" or related capitalized terms herein shall refer to such entity
and its affiliates. If you do not have such authority or if you do not agree with
these Terms, you may not use the Services or access the Site.
- You acknowledge that these Terms constitute a contract between you and Jobs to Know,
even though it is electronic and is not physically signed by you and Jobs to Know.
You further acknowledge that these Terms govern your use of the Services and, except
for written agreements or addendums signed by the parties that specifically modify
or that conflict with these Terms, these Terms supersede any other agreements
between you and Jobs to Know.
- The terms of Jobs to Know's privacy policy, which can be found at
www.jebbee.com/terms-and-conditions, are incorporated herein by reference, and to
the extent required by applicable law, supersede and control these Terms.
- AVAILABILITY OF THE SITE
You acknowledge that there may be interruptions in service or events that are beyond our
control. While we use reasonable efforts to keep the Site accessible, the Site may be
unavailable from time to time for any reason including, without limitation, routine
maintenance. You understand and acknowledge that due to circumstances both within and
outside of our control, Site access may be interrupted, suspended or terminated. You
further understand that there may be interruptions in service or events on third-party
sites that may affect your use of the Services and that are beyond our control to
prevent or correct. Interruptions in the Services that are beyond our control shall not
serve as a basis for a refund of any fees or as a basis not comply your contractual
obligations. Notwithstanding anything to the contrary herein, interruptions in the
Services shall not be a basis for any claim you may attempt or have against us.
- DESCRIPTION OF SERVICES
- The Site includes information related to the Services that Jobs to Know offers or
may offer and provides access to a platform for providing and accessing personal
health information about you. The Services also include, in addition to the Site,
all software, data, text, images, sounds, videos, and other content made available
through the Site (collectively, “Content"). Any new features added to or augmenting
the Services are also subject to these Terms.
- Jobs to Know does its best to make the Services available, except for: (a) planned
downtime, (b) maintenance; or (c) any unavailability caused by circumstances beyond
its reasonable control, such as, but not limited to, acts of God, acts of
government, acts of terror or civil unrest, technical failures beyond its control,
or your wrongful conduct.
- THIRD-PARTY SERVICES
- External Sites. The Services may contain links to, or otherwise may allow you
to connect to and use certain third-party products, services or software under
separate terms and conditions (collectively, “Third-party Services") in conjunction
with our Services. If You decide to access and use such Third-party Services, be
advised that your use is governed solely by the terms and conditions of such
Third-party Services, and we do not endorse, are not responsible for, and make no
representations as to such Third-party Services, their content or the manner in
which they handle your data. Jobs to Know is not liable for any damage or loss
caused or alleged to be caused by or in connection with your access or use of any
such Third-party Services, or your reliance on the privacy practices or other
policies of such Third-party Services.
- FEES AND PAYMENTS
- Billing and Payments. Some Services on the Site may be made available only on
a fee basis or may be available only to patients, which include the patient's
parents or legal guardian. Unless otherwise agreed to, any fees will be based upon
the then current rates set by Jobs to Know.
- Authorization to Charge Your Credit Card. If you provide us with your credit
card information, your submission of your credit card information to Jobs to Know
constitutes your authorization for Jobs to Know to store your credit card
information directly or with a third-party service provider for purposes of
processing payment of fees to satisfy your payment obligations; this also applies to
services that are provided offline.
- Billing Privacy. Jobs to Know uses a third-party intermediary to manage
credit card processing and this intermediary is not permitted to store, retain, or
use your billing information except to process your credit card information for Jobs
to Know. For more information about our billing practices and your personal
information please visit our Privacy Policy.
- Taxes. Unless otherwise stated, our charges do not include any taxes, levies,
duties or similar governmental assessments, including value-added, sales, use or
withholding taxes assessable by any local, state, provincial or foreign jurisdiction
(collectively “Taxes"). You are responsible for paying Taxes except those assessable
against Jobs to Know based on its income. We will invoice you for such Taxes if we
believe we have a legal obligation to do so.
- INTELLECTUAL PROPERTY RIGHTS
- Each of us shall maintain all rights, title and interest in and to all our
respective patents, inventions, copyrights, trademarks, domain names, trade secrets,
know-how and any other intellectual property and/or proprietary rights
(collectively, “Intellectual Property Rights"). The rights granted to you to use the
Services under these Terms do not convey any additional rights in the Services, or
in any Intellectual Property Rights associated therewith.
- You own the information and content you provide Jobs to Know or input on third-party
websites through the Services. You grant Jobs to Know a nonexclusive, revocable,
worldwide, perpetual, unlimited fully paid up and royalty-free right to use copy,
prepare derivative works of, distribute, publish, remove, retain, add, process, or
analyze the foregoing described information and content. By providing information or
content to us or to third parties through the Services, you represent and warrant
that you are entitled to and authorized to submit the information and content and
that the information and content is accurate, not confidential, and not in violation
of any contractual restrictions or other third-party rights.
- Jobs to Know shall have an unlimited fully paid up and royalty-free, worldwide,
transferable, sub-licensable, irrevocable and perpetual license to incorporate into
the Services or otherwise use any suggestions, enhancement requests, recommendations
or other feedback we receive from you.
- Jobs to Know's other product and service names, and logos used or displayed on the
Services are registered or unregistered trademarks of Jobs to Know (collectively,
“Marks"). Jobs to Know's Marks may not be used without permission. Jobs to Know is
not granting you a license under any intellectual property right to the Marks. Other
trademarks, logos, and trade names that may appear on the Site or through the
Services are the property of Jobs to Know and its licensors (“Third-party Marks").
We are not granting you a license under any intellectual property right to the
Third-party Marks. You may not remove any Marks, Third-party Marks or other source
indicators from any part of Jobs to Know's content.
- All rights, title and interest in and to the Services and its components, including
all related intellectual property rights, will remain with and belong exclusively to
Jobs to Know and its third-party vendors.
- ACCOUNT REGISTRATION
- Subject to these Terms, you agree to access and use the Services only for your own
internal purposes as contemplated by these Terms.
- To be eligible to use the Services, you must meet the following criteria and
represent and warrant that you: (1) are 18 years of age or older, or your
parent/guardian has provided verified consent authorizing you to use the Services;
(2) are not currently restricted from the Services, or not otherwise prohibited from
having an account with Jobs to Know, (3) are the authorized parent or legal guardian
of the child that is receiving care from or through Jobs to Know; (4) not using the
Services for reasons that are in competition with Jobs to Know; (5) have full power
and authority to enter into this Agreement and doing so will not violate any other
agreement to which you are a party; (6) will not violate any rights of Jobs to Know,
including intellectual property rights such as patent, copyright or trademark
rights; and (7) agree to provide at your cost all equipment, software, and internet
access necessary to use the Services.
- USE OF THE SERVICES
- You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer,
assign, distribute, time share or otherwise commercially exploit or make the
Services available to any third-party, other than as expressly permitted by these
Terms; (b) use the Services to process data on behalf of any third-party, (c)
modify, adapt or hack the Services to falsely imply any sponsorship or association
with Jobs to Know, or otherwise attempt to gain unauthorized access to the Services
or its related systems or networks; (d) use the Services in any unlawful manner,
including but not limited to violation of any persons privacy rights, infringing any
person's intellectual property rights, or sending spam or otherwise duplicative or
unsolicited messages in violation of applicable law, (e) use the Services in any
manner that interferes with or disrupts the integrity or performance of the Services
and its components; (f) attempt to decipher, decompile, reverse engineer or
otherwise discover the source code of any software making up the Services; (g) use
the Services to knowingly post, upload, link to, send or store any content that is
unlawful, racist, hateful, obscene, discriminatory, or contains any viruses,
malware, Trojan horses, time bombs, or any other similar harmful software; (h)
attempt to use any method to gain unauthorized access to any paid features of the
Site; (i) unless otherwise explicitly agreed to in writing by Jobs to Know, use the
Site or any content obtained from it to develop, as a component of any information,
storage and retrieval system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (j) use automated
scripts to collect information from or otherwise interact with the Site or the
Services; (k) deep-link to the Site for any purpose (other than Jobs to Know's home
page), unless expressly authorized in writing by Jobs to Know; (l) try to use, or
use the Services in violation of these Terms; (m) use the Services for any purpose
competitive with Jobs to Know; or (n) process through the Services any data
belonging to another person or entity without obtaining the proper authorization and
consent to do so.
- You are responsible for all information, data, text, messages or other materials
that you post or otherwise transmit via, to or through the Services. You are
responsible for maintaining the confidentiality of your login and account, and are
fully responsible for any and all activities that occur under your login or account.
You agree and acknowledge that your login may only be used by one (1) person, and
that you will not share a single login among multiple people. You may create
separate logins for as many people as your membership or subscription allows. You
agree that you will not sell, trade or otherwise transfer your login or account to
another party and that you will not, unless otherwise specifically agreed to in
writing by Jobs to Know, charge anyone for access to any portion of the Site, or any
information therein. You agree that you are responsible for anything that happens
through your account until you cancel and close your account or prove that your
account security was compromised due to no fault of your own.
- We offer our Services to schools, school districts, school administrators, and
related entities, organizations and individuals who use our Services on their behalf
(collectively, "Schools"). In this context, please be aware that our Services and
certain content Schools provide may be subject to the Family Educational Rights and
Privacy Act ("FERPA"), the Protection of Pupil Rights Amendment ("PPRA") and other
laws or regulations applicable to student information. FERPA is a Federal law that
applies to student "education records" (as defined by FERPA in 20 U.S.C. §
1232g(a)(4)(A)). PPRA is a Federal law that applies to the protection of students in
surveys, analyses and evaluations (see 20 U.S.C. § 1232h). For a brief summary of
FERPA, please visit the following link: Summary of FERPA. For a brief summary of
PPRA, please visit the following link: Summary of PPRA. If you are a School using
our Services, you hereby represent and warrant that you comply (and will comply)
with your responsibilities under FERPA, PPRA and any other laws or regulations
applicable to student information in connection with our Services. Such
responsibilities include, without limitation, receiving consent from, or providing
notice to (as applicable), eligible students or parents regarding the maintenance
and/or use of such information. We recommend that all Schools provide appropriate
disclosures to students and parents regarding their use of service providers such as
Jobs to Know. If you are a School using our Services, you are solely responsible for
any and all student information submitted and you represent and warrant that you
have the right to disclose such information and allow the processing of that
information through the Site.
- DATA PRIVACY AND SECURITY
- In providing you the Services we shall maintain appropriate administrative, physical
and technical safeguards to protect the security, confidentiality and integrity of
your personal data. These safeguards include the encrypted transmission of your data
(using SSL or similar technologies), except for external third-party integrations
that do not support encryption.
- You agree that Jobs to Know can access your account information in order to respond
to your service requests and/or as necessary, in our sole discretion, to provide you
with the Services. We will not disclose such data except if compelled by law,
permitted by you, required for the provision of the Services, or pursuant to the
terms of Jobs to Know Privacy Policy, which is available at
http://www.jebbee.com/privacy-policy.
- The Privacy Policy governs our treatment of any information, including personally
identifiable information, you submit to us as provided for in the Privacy Policy.
Please note that certain information, statements, data, and content which you may
submit to or through the Services may reveal your or a third-party's gender, ethnic
origin, nationality, age, and/or other personal information about you or others. You
acknowledge that your submission of any information, statements, data, and content
to us is voluntary on your part and you have the authority to disclose said
information for the applicable third-party.
- You agree that prior to providing personally identifiable information or any
information about a third-party individual on the Site or submitting said
information through the Services, you will obtain the consent/authorization from the
third-party individual you are submitting information about through the Services and
any other required authorizations necessary to share and utilize the third-party
individual's personally identifiable information and aggregate data derived by Jobs
to Know from or about each individual.
- CANCELLATION AND TERMINATION
- You may cancel your account at any time by providing Jobs to Know with written
notice. Cancelation of your account does not relieve you from any obligation owed to
Jobs to Know through the date of cancellation.
- Jobs to Know reserves the right to (i) modify or discontinue, temporarily or
permanently, the Services (or any part thereof) and (ii) refuse any/all current and
future use of the Services, suspend or terminate your account or any part thereof
(or your use of the Services), and remove and discard any of your content within the
Services if we believe that you have violated these Terms. Jobs to Know will use all
reasonable efforts to contact you directly via email to warn you prior to suspension
or termination of your account. Any suspected fraudulent, abusive, or illegal
activity may be grounds for immediate termination of your use of Services, and may
be referred to law enforcement authorities. Jobs to Know shall not be liable to you
or any third-party for any modification, suspension or discontinuation of the
Services.
- DISCLAIMER OF WARRANTIES AND LIABILITY
- JOBS TO KNOW AND OUR SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR ENDORSEMENTS ABOUT
THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE
SERVICES. JOBS TO KNOW AND OUR SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS
REGARDING THE SERVICES. WE AND OUR SUPPLIERS DO NOT WARRANT OR GAURANTEE THE
TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION MADE AVAILABLE TO YOU
FOR ANY PARTICULAR PURPOSE. THE SITE AND ITS CONTENT, AND ALL SERVER AND NETWORK
COMPONENTS ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND JOBS TO KNOW AND
OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- JOBS TO KNOW DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT OR MATERIALS
FROM OR RELATED TO THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE OR THAT THE SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION, CONTENT),
SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY
SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT
AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY
MOBILE CLIENT) FROM OR THROUGH THE SITE, THE SOFTWARE, OR ANY PLATFORM APPLICATIONS
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE
THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR
OTHER HARM OF ANY KIND THAT MAY RESULT.
- YOU ACKNOWLEDGE THAT JOBS TO KNOW DOES NOT WARRANT THAT INFORMATION OR ADVICE OR
ASSISTANCE OR SERVICES OBTAINED BY YOU FROM JOBS TO KNOW OR THROUGH THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. JOBS TO KNOW
DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE
FUNCTIONING OF THE SITE, EXCEPT AS OTHERWISE EXPRESSLY SETFORTH HEREIN. FURTHERMORE,
JOBS TO KNOW DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF
ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT,
DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE
INTERNET NETWORK, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO
THE SERVICES OR ITS USE, LOSS OF PERSONAL CONTENT ON THE SITE, LOST OR UNDELIVERABLE
EMAIL, AND FOR ANY OTHER REASON. UNDER NO CIRCUMSTANCES WILL JOBS TO KNOW BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY OR
DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, OR ANY INTERACTIONS BETWEEN
USERS OF THE SITE OR THE SERVICES, WHETHER ONLINE OR OFFLINE.
-
Jobs to Know provides the platform for the Services. Jobs to Know does not
control or vet user generated content for accuracy. Although we may provide
rules for user conduct and postings, we do not control and we are not
responsible for what users post, transmit or share on or through the Site or any
other website (even if such content is published on or through the Site).
Furthermore, we are not responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter on the Site. Jobs
to Know is not responsible for the conduct, whether online or offline, of any
user of the Site or the Services. Further, Jobs to Know is not responsible or
liable in any manner for any third-party applications, software, viruses, etc.
that are uploaded or posted on the Site, caused by users of the Site, or that
are related to the use of the Services by third parties, or caused by any third
parties' use of the equipment or programming associated with or utilized in the
Site or the Services.
To the extent that Jobs to Know provides for interactive social media features
through the Services, you are welcome to post, transmit, or submit messages
(“Messages") to forums, blogs, bulletin boards, chat rooms, user commenting
features, or other interactive or social features that may be offered within, or
in connection with, http://www.jebbee.com (collectively, “Forums"). If you use
any such Forums, you should be aware that any personal information you submit,
display, or publish there is considered publicly available and can be read,
collected, used, and disclosed by other users of those features, by us, and by
other third parties without restriction. Jobs to Know accepts no responsibility
whatsoever in connection with or arising from such Messages or for the personal
information you choose to submit in these features. Messages submitted to Forums
are not necessarily reviewed by Jobs to Know prior to posting, are not
attributable to Jobs to Know and do not necessarily reflect the opinions or
policies of Jobs to Know or any partners, members, consultants, employees or
agents thereof. When posting a Message, you are solely liable for any errors or
omissions, or any losses, claims, injuries or damages arising from its display
or use. Jobs to Know makes no warranties, express or implied, as to the content
of the Messages in the Forums or the accuracy and reliability of any Messages
and other materials in the Forums. Nonetheless, Jobs to Know reserves the right
to prevent you from submitting content to Forums and to delete, edit, or alter
in any manner we see fit any Messages that we, in our sole discretion, deem to
be obscene, offensive, defamatory, threatening, in violation of trademark,
copyright or other laws, of an express commercial nature, or which are otherwise
unacceptable in our sole discretion.
If Jobs to Know chooses, at its sole discretion, to monitor the Forums, Jobs to
Know nonetheless assumes no responsibility for the content of the Messages, no
obligation to modify or remove any inappropriate Messages, and no responsibility
for the conduct of the user submitting any Message. In submitting Messages to
Forums, you agree to strictly limit yourself to discussions about the subject
matter for which the Forums are intended.
Any Message submitted by you may be used by Jobs to Know and copied, sublicensed,
adapted, transmitted, distributed, publicly performed and published, displayed,
or deleted as Jobs to Know sees fit.
- Jobs to Know CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF
THE SITE AND/OR THE SERVICES.
- We do not monitor content published through the Services and we are not responsible
for content published through the Services. Notwithstanding the foregoing, Jobs to
Know reserves the right to delete, move, or edit messages or materials, including,
but not limited to, advertisements, public postings, and messages, that we, in our
sole discretion, deem necessary to be removed.
- LIMITATION OF LIABILITY
- NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL JOBS TO KNOW OR ITS
AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR
LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD-PARTY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES,
INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR
ANY OTHER LOSS INCURRED BY YOU IN CONNECTION WITH THESE TERMS OR THE SERVICES,
REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD
HAVE FORESEEN SUCH DAMAGES.
- LIMITS ON MONETARY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE
TERMS, JOBS TO KNOW'S (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR
DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD-PARTY
ARISING FROM OUR SERVICES, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES
INCURRED, OR (II) PAYMENTS MADE BY YOU TO JOBS TO KNOW FOR THE SERVICES DURING THE
SIX (6) MONTHS PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE
ESSENTIAL PURPOSE OF THIS SECTION 13.B. IS TO ALLOCATE THE RISKS UNDER THESE TERMS
BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FACT THAT WITHOUT THE
FOREGOING LIMITATION SERVICES WITH NO FEES WOULD NOT BE OFFERED AND SERVICES WITH
FEES WOULD HAVE HAD SUBSTANTIALLY HIGHER FEES IF JOBS TO KNOW WERE TO ASSUME ANY
FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. JOBS TO KNOW HAS RELIED ON THESE
LIMITATIONS IN THE PROVISION OF THE SERVICES.
- Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of the
above limitations may not apply to you. IN THESE STATES, JOBS TO KNOW'S LIABILITY
WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Jobs to Know from and against any
claims, actions or demands, including, without limitation, reasonable legal and
professional services fees, arising or resulting from your breach of these Terms, your
obligations under these Terms, or your misuse or illegal use of the Site or any Services
provided by or through Jobs to Know. Jobs to Know will provide you notice of any such
claim, suit, or proceeding. Jobs to Know reserves the right to assume the exclusive
defense and control of any matter which is subject to indemnification under this
section, in which case you agree to cooperate with any reasonable requests to assist
Jobs to Know's defense of such matter.
- ASSIGNMENT
Jobs to Know may assign these Terms or any of its rights under these Terms to a
third-party. You may not, without the express written consent of Jobs to Know, assign
these Terms or any of your rights under these Terms, directly, by operation of law or
otherwise, without the prior written consent of Jobs to Know. Subject to the foregoing
restrictions on assignment, these Terms will be fully binding upon, inure to the benefit
of and be enforceable by the parties and their respective successors and assigns. Any
assignment in violation of this Section will be void. These Terms shall be binding upon,
and inure to the benefit of, the successors and permitted assigns of the parties hereto.
- ENTIRE AGREEMENT; AMENDED TERMS
EXCEPT TO THE EXTENT THAT JOBS TO KNOW AND YOU HAVE ENTERED INTO AND EXECUTED ANOTHER
FULLY INTEGRATED AGREEMENT:
- This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof, all previous understandings whether oral or written
having been merged herein. No representations or warranties have been made other
than those expressly set forth herein. Without limiting the foregoing, the parties
have not relied on any oral statements that are not included in the Terms. The Terms
may not be changed, modified, renewed, extended, or discharged or any covenant or
provision hereof waived except by an agreement in writing signed by both parties.
These Terms supersede prior versions of these Terms.
- Notwithstanding the foregoing, we may amend these Terms from time to time, in which
case the new Terms will supersede prior versions. We will notify you of such changes
and direct you to the latest version. Upon notice of modification of these Terms,
except such modifications required by law, you may notify us within two weeks of our
sending you notice of the amended Terms that you are exercising your right to
terminate, if applicable, your subscription to the Services. Upon termination of
your subscription under this Section, any prepaid fees will be prorated and returned
to you.
- SEVERABILITY
If any provision of these Terms, or the application thereof under certain circumstances,
is held to be invalid or unenforceable, such provision shall be modified by the court
and interpreted so as to best accomplish the original provision to the fullest extent
permitted by law, and the remaining provisions of these Terms, or the application of
such provision under other circumstances, shall remain in full force and effect.
- RELATIONSHIP; INEDEPENT CONTRACTOR
Nothing herein contained shall be so construed as to constitute the parties as principal
and agent, employer and employee, partners or joint venturers, nor shall any similar
relationship be deemed to exist between the parties. Neither party shall have any power
to obligate or bind the other party, except as specifically provided herein.
- SURVIVAL
Sections 2 (Acceptance of Terms), 6 (Fees and Payments), 7.A-E. (Intellectual Property
Rights), 9.C (Student Information), 11 (Cancellation and Termination), 12 (Disclaimer of
Warranties and Liability), 13 (Limitation of Liability), 14 (Indemnification), 15
(Assignment), 16 (Entire Agreement; Amended Terms), 17 (Severability), 18 (Relationship;
Independent Contractor), 19 (Survival), 20 (Governing Law), 21 (Arbitration of
Disputes), and 22 (No Waiver) will survive any termination of these Terms.
- GOVERNING LAW
The validity, interpretation and performance of these Terms shall be governed by the laws
of the State of Michigan without giving effect to the conflicts of laws provisions or
principals thereof. Subject to the requirement to arbitrate in Section 21 of these
Terms, you agree to the exclusive jurisdiction of the courts located within the State of
Michigan to resolve any disputes between the parties and you agree that proper venue is
in Wayne County, Michigan or in the Federal District Courts located in Michigan.
- ARBITRATION OF DISPUTES
If we cannot amicably resolve any legal dispute or damage claim that should arise from
your interactions with the Site, the Services, and/or Jobs to Know, you agree to resolve
any such dispute or damage claim by arbitration. The arbitration proceeding shall be
conducted in Wayne County, Michigan, in accordance with the rules of the American
Arbitration Association then in effect with one (1) arbitrator to be selected by mutual
agreement of both you and Jobs to Know. If we cannot agree on an arbitrator, then the
American Arbitration Association shall select an arbitrator from the National Panel of
Arbitrators. The laws of the State of Michigan shall apply to the arbitration
proceedings. You agree that the arbitrator cannot award punitive damages to either of us
and agree to be bound by the arbitrator's findings. Judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction, which shall include, but
not be limited to, the courts within Wayne County, Michigan.
You agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a
BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or
on a basis involving claims brought in a purported representative capacity on behalf of
the general public, other customers or potential customers or persons similarly
situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or
joined in any way with, any other arbitration proceeding. YOU AGREE TO ARBITRATE A
CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND YOU WAIVE THE RIGHT TO
PARTICIPATE IN A CLASS ACTION. We agree to the same limitations set forth in this
section. YOU FURTHER AGREE TO THE EXTENT THAT FEES RELATED TO THE ARBITRATION UNDER THE
AMERICAN ARBITRATION ASSOCIATION RULES ARE THE SOLE RESPONSIBILITY OF JOBS TO KNOW THAT
YOU WILL SHARE EQUALLY IN SUCH FEES.
- NO WAIVER
Jobs to Know's failure to enforce at any time any provision of these Terms does not
constitute a waiver of that provision or of any other provision of these Terms.
- THIRD PARTY RIGHTS
The provisions of 12 (Disclaimer of Warranties and Liability), 13 (Limitation of
Liability), and 14 (Indemnification) are for the benefit of Jobs to Know and its
officers, directors, employees, agents, licensors, suppliers, and information providers.
Each of these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its/his/her own behalf.
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes
copyright infringement and is accessible through the Site or any service offered by Jobs
to Know, please notify Jobs to Know, as set forth in the Digital Millennium Copyright
Act of 1998 (“DMCA"). For your complaint to be valid under the DMCA, you must provide
the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the
copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is
located on the Services;
- Information reasonably sufficient to permit Jobs to Know to contact you, such as
your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate,
and that you are the copyright owner or are authorized to act on behalf of the
owner.
Jobs to Know's designated copyright agent can be reached to receive notifications of
claimed infringement at: support@jebbee.com or at the address below in the “Contact"
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- CONTACTING US
If you have any questions about these Terms, please contact us at:
Jobs to Know, LLC
d.b.a.Jebbee
P.O. Box 111
Bloomfield Hills, MI 32323
(662)
532-2330
support@jebbee.com