3.31.2022

Jombine Terms of Use

 

This Terms of Use Agreement (the “Agreement”), effective as of March 31, 2016 states the terms and conditions that govern the contractual agreement between Jombine, Inc., (the “Company”) and you (the “Member”) who agrees to be bound by this Agreement in regard to the Member’s access to www.jombine.com and www.jombinenetwork.com (collectively, the “Site”), which is owned and operated by the Company. As used herein, “Member” generally refers to both vendors and customers unless specifically noted.

1. THE JOMBINE SERVICE.
Through the Site, the Company offers its Members a venue through which Candidate Members may connect to employers or hiring managers within a variety of industries to seek out a fit for open positions with Employer Members (the “Service”). The Member hereby acknowledges and agrees that the Service and any related content is exclusive property of the Company and the Company may offer access to the Service in any way it sees fit. By logging onto the Site and/or using the Service, the Member agrees to these Terms of Use and associated Privacy Policy located elsewhere on the Site.

2. ELIGIBILITY/GENERAL RESTRICTIONS.
The Member’s limited license to access and make personal use of the Site is contingent on the following:

2.1. The Member must be at least 18 years of age;

2.2. The Member must provide information (personal and otherwise) that is truthful to the best of the Member’s knowledge and in the event any such information changes, the Member shall notify the Company of any such change within a reasonable amount of time;

2.3. The Member shall not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. The Member will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. The Member agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site;

2.4. The Member shall not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose without express written consent of the Company;

2.5. The Member shall not use any of the Services for any unlawful or harmful purposes; and

2.6. Any unauthorized use automatically terminates the permission or license granted by the Company.

3. RELATIONSHIP BETWEEN MEMBER AND COMPANY.
The Member acknowledges and agrees that the Company simply provides a venue through which Members may connect to seek out employment relationships. The Company is not a party to any agreement between Members of the Site for any products or services. Further, the Company cannot attest to the veracity of the qualifications or background of any vendor Member. The Company does not verify any such information and disclaims any guarantees thereto.

4. MEMBER DISPUTES.
Members are encouraged to independently settle disputes. Any such disputes must be handled between the Parties as the Company is not party to any agreement reached between Members.

5. NONCIRCUMVENTION.
The Member agrees and acknowledges that the Company is providing a valuable service through which Members may connect with other parties to provide certain services for which the fees to be paid to the Company are consideration. Thus, any attempt to circumvent providing the Company consideration for the Service shall be a violation of this Agreement, including (but not limited to) using independent means to seek out contact information of Members identified through the Site or providing contact information to Members identified through the Site without using the Service.

6. RESTRICTIONS ON MEMBER-GENERATED CONTENT.
6.1. The Member may have the opportunity to post a variety of content through requests for services on the Site without the Company’s approval (the “Member Content”). The Member agrees that in using the Service and the Site, the Member shall not post any Member Content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of the Company); (v) may cause a liability for Company or its partner publications and websites (collectively, the “Partners”), or may cause Company or any of its Partners to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.

6.2. The Member shall not, through the Service or the Site: (i) impersonate any person or entity; (ii) harass any other Members of the Site; or (iii) state or imply that any posted Member Content is endorsed by the Company.

6.3. The Member grants to the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Member Content throughout the world in any media. The Member grants the Company and its sublicensees the right to use the name that the Member submits in connection with such Member Content, if the party so chooses. The Member represents and warrants that the Member owns or otherwise controls all of the rights to any Member Content and that such Member Content is accurate.

6.4. By submitting Member Content to the Site, the Member acknowledges that this Agreement applies to the Member’s submission of the Member Content and the Company’s use of such Member Content.

7. MEMBER ACCOUNT.
The Member may register to the Site with an account in order to make use of certain functions and/or the Service (the “Member Account”). The Member is responsible for maintaining the confidentiality of the username and password that the Member designates during the registration process, and the Member is fully responsible for all activities that occur under the Member Account. The Member agrees to: (i) immediately notify the Company of any unauthorized use of the Member Account or any other breach of security, and (ii) ensure that the Member exits from the Member Account at the end of each session. The Company will not be liable for any loss or damage arising from the Member’s failure to comply with this provision. The Member should use particular caution when accessing the Member Account from a public or shared computer to ensure that others are not able to view or record the Member Account’s username and password and/or other personal information. The Company reserves the right to terminate or suspend any Member’s Member Account and/or access to the Site and the Service if the Company determines (in its sole discretion) that any such Member has violated this Agreement.

8. TERM AND TERMINATION.
This Agreement will remain in effect until terminated by either party. If the Member is dissatisfied with the Service or any of the terms and conditions contained herein, the sole and exclusive remedy is to terminate the Member Account. The Member may cancel the Member Account and participation in the Service at any time by contacting membership@jombine.com or calling 720-460-0808. Notwithstanding anything contained in this Agreement to the contrary, the Company may, in its sole discretion, terminate the Member Account, and discontinue the Member’s participation in the Service. Reasons for the Company’s determination to so terminate or discontinue the Member’s Account or participation as provided for above, include, but are not limited to, if the Company believes that the Member has violated this Agreement or other policies or guidelines of the Service or that of any other party, or if the Company believes that the Member’s conduct may be harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.

9. MODIFICATION.
The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes, which will be the Member’s only notification of any such change. Any use of the Site or the Service by the Member after such notification shall constitute the Member’s acceptance of the modified or amended terms. No modification to this Agreement made by the Member shall be binding upon the Company.

10. INTELLECTUAL PROPERTY.
The Member hereby authorizes the Company to use any documents, videos, or pictures uploaded to the Site for use related to the operation of the Site including marketing, training and otherwise. Furthermore, the Site holds certain content, which is the property of the Company or its content suppliers and protected by international copyright laws (the “Content”). The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon the Member and the Member may not utilize such Content by any manner aside from viewing such Content according to the license granted herein. Prohibited uses of such content without the written consent of the Company include (but are not limited to):

10.1. Removing, altering, bypassing, avoiding, interfering with, or circumventing any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms;

10.2. Copying, downloading, stream capturing, reproducing, duplicating, archiving, distributing, uploading, publishing, modifying, translating, broadcasting, performing, displaying, selling, transmitting or retransmitting the Content; and

10.3. Creating, recreating, distributing or advertising an index of any significant portion of the Content.

11. DMCA PROCEDURE FOR ALLEGEDLY INFRINGING CONTENT.
To notify the Company of any copyright-infringing content, please contact us at membership@jombine.com with the following information in accordance with the Digital Millennium Copyright Act: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed • Identification of the allegedly copyright-infringing material • Identifying of the allegedly infringed-upon work and the copyright-holder of said work • Information reasonably sufficient for Company to contact you • A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive DMCA Notices is: Chris Deutschman 7100 Broadway Ste 1M Denver, CO 80221 720-460-0808 membership@jombine.com

12. LIMITED LIABILITY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE MEMBER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE CONTENT, ANY SERVICE OFFERED BY THE COMPANY, ANY MEMBER POST MADE ON THE SITE; ANY TRANSACTION FACILITATED THROUGH THE SITE; OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THROUGH AFFILIATE LINKS); WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO MEMBER.

13. DISCLAIMER OF WARRANTIES.
THIS SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE, ANY SERVICE OFFERED BY THE COMPANY, OR PRODUCT OR SERVICE PROVIDED THROUGH ANY MEMBER OR IS COORDINATED THROUGH THE COMPANY'S SERVICE IS AT THE MEMBER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITE, OR THE SERVICE WILL MEET THE MEMBER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE; AND/OR (E) ANY MANUFACTURER, LOGISTICS PROVIDER, OR MARKETING SERVICE PROVIDER'S SERVICE WILL BE SUITABLE FOR THE NEEDS OF ANY MEMBER. NO ADVICE OR INFORMATION OBTAINED BY THE MEMBER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE MEMBER’S USE OF THIS SITE, OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

14. INDEMNIFICATION.
The Member agrees to indemnify, hold harmless and defend the Company, along with its directors, employees, owners, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the Member; (ii) the Member’s use of the Site or any Service offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Site or any Service offered to the Member by the Company; or (iv) any negligent or willful misconduct by the Member; (v) violation of any third party’s rights (including intellectual property rights) through the Member’s use of the Site or the Service; (vi) any transaction between Members of the Site; or (vii) any transaction facilitated between the Member and any manufacturing facility.

15. THIRD PARTY LINKS.
There are links on the Application that lead to third party websites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, THE MEMBER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES.

16. COMMUNICATIONS.
The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The Member shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

17. ERRORS AND OMISSIONS.
The Site may contain substantive errors, technical inaccuracies, or typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any order affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

18. PRODUCTS AND SERVICES.
The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in the Member’s location. Furthermore, the Company may alter what portions of the Service is available to Members at any time in its sole discretion, including (but not limited to) removing certain parts of the Service from access at any time.

19. INTERNATIONAL USE.
The Company does not represent that all content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and the Company is not responsible for such Members’ compliance with local laws or other applicable laws. The Member shall not access the foregoing where prohibited by law.

20. FORCE MAJEURE.
In the event that the Company is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the Company or other causes beyond the Company’s reasonable control (a “Force Majeure Event”) the Company shall immediately give notice to the Member and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended.

21. VENUE; ARBITRATION.
This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to the principles of conflict of laws. The Member irrevocably submits to the exclusive jurisdiction of the federal and state courts located in Denver County, Colorado. Except for a misuse or infringement of the Company’s intellectual property, any and all disputes, controversies and claims arising out of or relating to this Agreement, or concerning the respective rights or obligations of the Parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The Parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitration.

22. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.