Terms and Conditions
The following terms and conditions govern your use of the JibberJobber.com website ("JibberJobber"). By using the JibberJobber service, you accept these Terms and Conditions without limitation.
- LICENSE; RESTRICTIONS ON USE; OWNERSHIP 1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for personal job search and relationship management purposes JibberJobber, which from time to time is made available to you. 1.2 All rights, title, and interest (including all copyrights and other intellectual property rights) in JibberJobber (in both print and machine-readable forms) belong to the provider of JibberJobber or its third party suppliers. You acquire no proprietary interest in JibberJobber or copies thereof. 1.3 Except as specifically provided herein, you may not use JibberJobber in any fashion that infringes the copyrights or proprietary interests therein.
- ACCEPTABILITY OF DATA 2.1 You represent and warrant to the provider that the text or other materials submitted by you to the provider does not, and will not, (a) Infringe any third party's copyright, trademark, or other proprietary rights or right of privacy; (b) Violate any applicable law, statute, ordinance or regulation; (c) Be defamatory or libelous; (d) Be lewd, pornographic or obscene; (e) Violate any laws, including any laws regarding unfair competition, discrimination, or false advertising; (f) Promote violence or contain hate speech; or (g) Contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deteriorative programming routines. 2.2 You agree that you will hold harmless and indemnify the provider and its affiliates from and against violation of your representations hereunder, including any infringement of the copyrights or other intellectual property or other rights of any person or entity, or other unlawful activity arising out of the translation or transmission by the provider of any text or other materials provided by you to the provider. 2.3 Without limiting the foregoing, provider specifically reserves the right to decline to provide services or materials with respect to any text or other materials for any reason whatsoever.
- ACCESS TO SERVICES 3.1 Only individuals authorized by you may access and use JibberJobber within the confines of the user pricing structure. 3.2 Features may be added to or withdrawn from JibberJobber and JibberJobber otherwise changed without notice.
- LIMITED WARRANTY 4.1 The provider of JibberJobber represents and warrants that it has the right and authority to make JibberJobber available pursuant to these Terms and Conditions. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, JIBBERJOBBER AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF JIBBERJOBBER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY 5.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from JibberJobber or any data available or not included therein, (b) the unavailability or interruption of JibberJobber or any features thereof, (c) your use of JibberJobber or data (regardless of whether you received any assistance from a Covered Party in using JibberJobber), (d) your use of any equipment in connection with JibberJobber, (e) the content of data, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party. 5.2 "Covered Party" means (a) the provider of the Application (including, but not limited to DEAlba, Inc d/b/a JibberJobber.com), its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of JibberJobber or its affiliates; and (b) each third party contractor of the provider, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party contractor or supplier of materials or any of their affiliates. 5.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO JIBBERJOBBER OR MATERIALS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH JIBBERJOBBER, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
- MISCELLANEOUS 6.1 These Terms and Conditions may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed with ten (10) days notice for new services to be performed after the change; all other provisions may be changed by the provider of JibberJobber immediately upon notice. Your subscription for access to JibberJobber may be terminated immediately upon notice to the provider of JibberJobber if any change is unacceptable. Continued use of JibberJobber following any change constitutes acceptance of the change. 6.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in the English language, in writing or displayed electronically in JibberJobber by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in JibberJobber; or on the date received, if delivered in any other manner. 6.4 The failure of the provider of JibberJobber or any third party supplier of materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 You may not assign your rights or delegate your duties under the subscription to access JibberJobber without the prior written consent of the provider of JibberJobber. 6.6 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Utah. Although you acknowledge that the provider will have the ability to enforce its rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Salt Lake County, Utah, U.S.A. regarding any and all disputes or claims relating to these Terms and Conditions, your use of JibberJobber or Materials, or any matter relating to our relationship. 6.7 Each third party contractor or third party supplier of materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.