|
|
AGREEMENT OF TERMS & CONDITIONS OF USE
This multi-page section contains the Agreement under which you,
the "User," may use JoobsToday.com (the "Site"); it also governs the use of the
services offered by JoobsToday. please read this Agreement before using the
Site. Use of the Site constitutes your express agreement to all terms and
conditions in this Agreement.
If you do not accept the terms of the Agreement contained herein,you may not use
this Site or any service offered by JoobsToday.By using this Site, you
expressly agree to be bound by the terms and conditions of this Agreement .
JoobsToday may revise this Agreement at any time by updating this posting.It is
your responsibility to review this section regularly to review the terms and
conditions contained herein because all terms and conditions are binding on
you. The terms "You" and "User" as used herein refer to all individuals and
businesses accessing this Site for any reason.
JoobsToday and Use of the JoobsToday Web Site
JoobsToday authorizes you to view and access a single copy of
the content available on or from JoobsToday (the "Site") solely for your
personal use. You shall not copy or adapt the HTML code, text, graphics,
images, logos, button icons, software and other Web Site content (collectively,
"Web Site Content") that JoobsToday creates to generate any Web Site Content.
All content is protected by JoobsToday's copyright under United States
copyright, trademark and other laws.
JoobsToday is a web-based platform for enabling the connection between
individuals and businesses (collectively "Clients") seeking Student helpers
("JobSeekers") to provide various services.Although JoobsToday intends to enroll
students exclusively, we cannot guarantee that non-students will not attempt to
join our service. At some point in the future, JoobsToday may decide to
actively solicit members who are not students.
System Security and Content Rules
Users are prohibited from violating or attempting to violate the
security of the JoobsToday Site, including, without limitation
-
Accessing data not intended for such user or logging into a server or account
which the user is not authorized to access
-
Attempting to probe, scan or test the vulnerability of a system or network or
to br/each security or authentication measures without proper authorization
-
transmitting, distributing, storing or destroying material, including without
limitation Web Site Content in violation of any applicable law or regulation
-
Infringing the copyright, trademark, trade secret or other intellectual
property rights of others
-
Violating the privacy, publicity or other personal rights of others,
-
Using language in a manner that is defamatory, obscene, threatening, abusive or
hateful.
-
Attempting to interfere with service to any user, host or network
-
Attempting to submit a virus to any JoobsToday Site, overloading, "flooding",
"spamming", "mail bombing" or "crashing"
-
Sending unsolicited e-mail, including promotions and/or advertising of products
or services
-
Soliciting personal information or “phishing”
-
Forging any TCp/Ip packet header or any part of the header information in any
e-mail or newsgroup posting.
Violations of system or network security may result in civil or
criminal liability. JoobsToday will investigate all violations, which may
include the involvement and cooperation of law enforcement authorities in
prosecuting users who are involved in such violations.
prohibited Uses
Students seeking part-time work and Clients seeking Students may
use the JoobsToday Site subject to this Agreement and only for lawful purposes.
JoobsToday specifically prohibits any use of the Site for any of the following:
-
posting any incomplete, false or inaccurate biographical information or
information which is not your own accurate resume
-
posting any franchise, pyramid scheme, "club membership", distributorship or
sales representative agency arrangement or other business opportunity which
requires an up front or periodic payment
-
Deleting or revising any material posted by any other person or entity
-
Using any device, software or routine to interfere or attempt to interfere with
the proper working of the JoobsToday Site
-
Taking any action which imposes an unreasonably large load on the JoobsToday
Site's infrastructure
-
Disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose
-
Using or attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation br/owsers, spiders, robots, avatars or
intelligent agents) to navigate or search any JoobsToday Site other than the
search engine and search agents available from the JoobsToday Site
-
Attempting to decipher, disassemble or reverse engineer any of the software
comprising or in any way making up a part of any JoobsToday Site
-
Aggregating, copying or duplicating in any manner any of the Web Site Content
-
Framing of or linking to any of the Web Site Content without consent
Access to public Areas
The Site may contain "public" areas like forums, chat areas,
news groups, communities and/or other message or communication facilities.
Users do hereby expressly represent, understand and agree to use such community
areas only to send and receive messages and material that are relevant and
proper to the applicable forum. Any usage of the Site by any user that
JoobsToday finds inappropriate and/or offensive may result in immediate
suspension or revocation of the privilege to use this Site. JoobsToday reserves
the right to revoke or suspend the privilege of any user to use this Site at
any time and at its sole discretion whether for any reason or no reason at all.
Acceptable Use
Approved Clients may seek the services of a Student through the
use of the Site.If there are any issues or disputes concerning service received
by the Client or payment due to the Student, Clients must deal directly with
the Student and vice/versa to resolve any disputes.
Users expressly agree that JoobsToday is not responsible and has expressly
disclaimed liability for any claims and/or controversies that may arise for any
issues or disputes between Users. By using this Site, you expressly agree to
hold JoobsToday harmless for any claim or controversy that may arise from any
issues or disputes between Users of the Site.
At its sole discretion, JoobsToday will use reasonable efforts to monitor User
profiles, actions, comments, and general usage of the Site and may suspend
privileges to any User not adhering to this Agreement. By using this Site, you
agree to report any alleged improprieties of any Users therein to JoobsToday
immediately by notifying JoobsToday of the same via electronic correspondence
at support@JoobsToday.com.
User Information
When you register for the Site, you will be asked to provide
certain information including, without limitation, a valid email address (your
"Information").Subject to the privacy Statement on this Site, you agree that
JoobsToday may disclose to third parties certain aggregate information
contained in your registration application. please see JoobsToday’s privacy
Statement for further details regarding your Information.
JoobsToday acts as a conduit for the online distribution and publication of
user-submitted information and has no obligation to, and does not, screen
communications or information in advance and is not responsible for screening
or monitoring material posted by Users.
Registration and password
You are responsible for maintaining the confidentiality of your
information and password. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
JoobsToday of any unauthorized use of your registration or password.
Job posting and payment policy
Clients are obligated to pay for job postings on the Site prior
to posting their jobs, unless specifically notified otherwise. Clients have the
ability to purchase a Job pack made up of a single job or multiple job
postings. All Job pack purchases are valid for a period of one year from the
date of purchase, unless noted otherwise. Free postings received as referral
bonuses will be added to the Client’s current Job pack and will expire at the
same time as the expiry of the Client’s current Job pack. The rate structure
for individual jobs, multiple job packs and their expiry times may change from
time to time, but will not affect the terms of any Job packs that have already
been purchased. Job packs are non-refundable once purchased, and it is the
Client’s responsibility to use all job postings before they expire.
JoobsToday will charge the Client’s credit card according to the price for the
Job pack purchases. While JoobsToday will use its best efforts to ensure the
privacy of all credit cards and all other personal information, we expressly
disclaim any liability for any damage that may result should any information be
released to any third parties. Users do hereby agree to hold JoobsToday
harmless for any damages that may result of the release of such information.
When you buy a Job pack online at JoobsToday,your credit card information is
protected through the use of encryption, such as the Secure Socket Layer
("SSL") protocol. SSL makes it difficult for your credit card information to be
intercepted or stolen while being transmitted.JoobsToday uses Verisign
(www.verisign.com) for all its credit card processing needs, and all
information related to automated processing is stored on their computers.For
further information on this company's privacy and security practices, please
visit www.verisign.com.JoobsToday has implemented reasonable technical and
organizational measures designed to secure your personal information from
accidental loss and from unauthorized access, use, alteration or disclosure.
However, we cannot guarantee that unauthorized third parties will never be able
to defeat those measures or use your personal information for improper
purposes.Users do hereby agree to hold JoobsToday harmless for any damages that
may result of the release of such information.
Release of JobSeekers Contact information
The JoobsToday system will aggregate all the responses given by
students and other workers to a particular job posting and present it to the
client that has posted the job. Clients can then view the responses and the
profiles of all those JobSeekers. Clients can choose a maximum of ten (10)
responses whom they want to contact for performing that job. Clients are urged
to select these 10 responses carefully, as they will be unable to reverse
this operation once completed. JoobsToday will not be held responsible if the
selections made by the client ultimately do not work out for this job for
whatever reason. Clients will be required to post a new job if the selections
made by them turn out to be unsuccessful. JoobsToday, only in its sole
discretion may issue credit for a job posting or release the contact
information of additional JobSeekers who have responded.
Notice of Servicemark and trademark Rights
The JoobsTodaySM
service mark and the JoobsToday logo are service marks owned by JoobsToday.
Any other trademarks, service marks, logos and/or trade names appearing
on the Site are the property of their respective owners. Users acknowledge the
rights of JoobsToday and the respective third parties in those marks.
Users may not copy or use any of these marks, logos or trade names
without the prior written permission of the owner.
Employment Verification, Taxes and Liability
JoobsToday makes no claim that it has verified that Students
are authorized to work in the United States. Our services are available only
To individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are not available
to minors under the age of sixteen (16) or to anyone who may not legally work
within the jurisdiction of the United States. This Site is currently available
only to United States citizens and/or any individuals who are legally in the
jurisdiction of the United States and may legally work within its jurisdiction.
Any misstatements and/or misrepresentations regarding the age, background,
experience and/or eligibility for employment in the jurisdiction of the United
States of any Users of this Site are not the responsibility of JoobsToday.
JoobsToday does hereby disclaim any liability whatsoever for any misstatements
and/or misrepresentations made by any and all Users of this Site. Users do
hereby represent, understand and agree to hold JoobsToday harmless for any
misstatements and/or misrepresentations made by any users of this Site.
JoobsToday is not and shall not be considered an employer under any state or
federal law. JoobsToday does not
employ any of the Students who are Users of the Site. JoobsToday is not
responsible for collecting, withholding and filing any taxes including any
Social Security or Medicare/Medicaid on behalf of Users. Clients are urged to
consult their CpA or other legal advisor to receive guidance on the proper
procedure for handling such temporary JobSeekers and to file the appropriate
paperwork with the Federal, State and local governments. All Users agree to
hold JoobsToday harmless and to indemnify JoobsToday for any claims arising
from payments of taxes, social security, Medicare, Medicaid and other federal
and state authorities.
Links to Other Sites
The Web Site may contain links to third party web sites.
JoobsToday provides these links solely as a convenience to you and not as an
endorsement of the content of these third party web sites. JoobsToday is not
responsible for the content of linked third- party sites and does not make any
representations regarding the content or accuracy of materials on such third
party Web sites. If you decide to access linked third party Web sites, you do
so at your own risk.
No Assignment or Unauthorized Commercial Use
You may not resell or assign your rights or obligations under
this Agreement. You also agree not to make any unauthorized commercial use of
the Site.
DISCLAIMER OF ALL LIABILITY
JoobsToday is not involved in the actual transaction between
Users. Users expressly agree that JoobsToday does not have control over the
quality, timing, legality or any other aspect whatsoever of the services
actually delivered by the Students. Users further expressly agree that
JoobsToday does not have control over the actions of Clients. JoobsToday has no
control over the quality, safety or legality of the jobs or resumes posted, the
ability of Clients to offer job opportunities to Students or the ability of
Students to fill job openings.
JoobsToday also does not control the information provided by Users that is made
available through the Site. By its very nature, other people's information may
be offensive, harmful or inaccurate, and in some cases will be mislabeled or
deceptively labeled.Site content may contain inaccuracies or typographical
errors. JoobsToday makes no representations or warranties about the
accuracy, reliability, completeness, or timeliness of Site content, and
JoobsToday expressly DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR
THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF
YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JoobsToday IS NOT RESPONSIBLE
FOR THOSE COSTS. THE
SITE CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY
KIND. JoobsToday, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY AND WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. JoobsToday
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Changes are periodically made to Site and may be made at any time. You
acknowledge and agree that you are solely responsible for the form, content and
accuracy of any information placed by you on the Site.
In addition, Users recognize and agree that there are risks, including but not
limited to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses.Users of
this Site assume all risks associated with dealing with other Users with whom
you come in contact through the Web Site.
You use the Site at your own risk.ALL USERS, INCLUDING CLIENTS AND S, EXPRESSLY
AGREE THAT JoobsToday, AND ITS AGENTS, REPRESENTATIVES, ADVERTISERS
OR EMPLOYEES,
SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM USE OR INABILITY
TO USE THE SITE OR ANY JoobsToday SERVICES. JoobsToday EXPRESSLY DISCLAIMS ANY
LIABILITY FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN
OR MAY ARISE FROM USING THE SITE, THE INABILITY TO USE THE SITE, OR ANY
SERVICES OF JoobsToday.
You further release and agree to hold harmless JoobsToday, and its agents and
representatives, from all claims and demands of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with use of the Site or any services offered by
JoobsToday. If you are a California resident, you waive California Civil Code
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."
DISCLAIMER OF ALL DAMAGES
IN NO EVENT SHALL JoobsToday, ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, PUNITIVE DAMAGES, ATTORNEYS
FEES, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE SITE WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JoobsToday IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Termination
JoobsToday may revoke or suspend the privilege of any User to
use this Site at any time and at its sole discretion for any reason or no
reason at all without or without notice to the User.
If notified by a User of communications, which allegedly do not conform to this
Agreement, JoobsToday may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of the
communication.JoobsToday may take any action with respect to user-submitted
information that it deems necessary in its sole discretion if it believes it
may create liability for JoobsToday or may cause JoobsToday to lose (in whole
or in part) the services of its ISps or other suppliers.
Indemnity
You agree to defend, indemnify, and hold harmless JoobsToday,
its officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Material or your
br/each of the terms of these Terms and Conditions. JoobsToday shall provide
notice to you promptly of any such claim, suit, or proceeding.
Dispute Resolution and Arbitration
This Agreement and all other aspects of use of the Site shall be
governed by and construed in accordance with the laws of the Commonwealth of Michigan, without regard to its conflict of laws rules. All claims and
disputes arising out of this Agreement or use of the Site, shall be exclusively
br/ought in the federal, state or local courts located in Michigan; and,
with regard to such claims and disputes, Users hereby irrevocably (i) submit to
the exercise of personal jurisdiction over them by these courts, and (ii) waive
any jurisdictional, venue or inconvenient forum objections to such courts.
Miscellaneous
Failure by JoobsToday to enforce any provision(s) of this
Agreement shall not be construed as a waiver of any provision or right.
JoobsToday makes no claims that the Site may be lawfully viewed or accessed
outside of the United States.Access to the Site and its contents may not be
legal by certain persons or in certain countries. If you access the Web Site
from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall remain in
full force and effect.Except as expressly provided in additional terms of use
for areas of the Site, a particular "Legal Notice," or Software License or
material on particular Web pages, this Agreement constitutes the entire
agreement between you and JoobsToday with respect to the use of Site and any
services of JoobsToday.
© 2007 JoobsToday.com. All Rights Reserved.
|