Cloud-based career network and enterprise talent management platform

1. Terms of Use

Your use of the Jobdea Sofware and Web Services ("Service"), and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):

If you register on behalf of a business, you represent to Jobdea that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.

Changes and Modifications. Jobdea may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

As long as you comply with this Agreement, Jobdea grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links To Other Sites. The Service may contain links to or allow you to interact with and make use of other independent third-party websites, products or services ("Third-Party Sites, Products and Services"). Access to Third-Party Sites, Products and Services is provided solely as a convenience to our visitors. Such Third-Party Sites, Products and Services are not under Jobdea’s control and Jobdea does not necessarily endorse the content, advertising, products, services or other materials on or available from such Third-Party Sites, Products and Services. Your use of any Third-Party Sites, Products and Services may be subject to the third-party provider's terms and conditions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. You acknowledge and agree that Jobdea is not responsible for the availability of any Third-Party Sites, Products and Services and that Jobdea shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with you use of or interaction with any Third-Party Sites, Products and Services.

2. Conditions of use and user conduct

As a condition of use, and the licenses granted to you herein, you agree to the following:

Certain components of the Service permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Jobdea immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
You must not use the Service to falsely suggest an affiliation, sponsorship, or endorsement on the part of Jobdea.
You must not decompile, reverse engineer, or otherwise circumvent the service for any purpose.

3. Age Restrictions on Use of the Service

Users must be at least 13 years old. Users must be 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Service, your Jobdea account, or otherwise interact with the Service. Jobdea will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Jobdea knows is under 13 years of age. If Jobdea discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, Jobdea will terminate the account and remove the information or other content.

Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize a Jobdea account established by their parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Service, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.

4. Account Types

Jobdea offers a variety of user accounts, dependent on particular application or software.

5. User Content & Options

Jobdea makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

You hereby do and shall grant to Jobdea (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to host, store, communicate, distribute and transmit the content SOLELY FOR THE PURPOSE of providing you, and those with whom you have shared your data, with the Service. This license ends when you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Private User Content indefinitely.

6. Payment Terms

You agree to pay the then-current fee for the account type you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date your free trial expires. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars.

6.1 Payment for Subscription

6.2 Fraud Protections

To protect against potential fraud, Jobdea may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Jobdea will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Jobdea with your credit card information, you authorize Jobdea to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

6.3 Cancellation of Subscription

Payment for subscriptions is non-refundable. If you cancel your reoccurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.

7. Intellectual property infringement, warranties

If you believe that Jobdea, or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) at support@jobdea.com.

When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Jobdea the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

8. Jobdea’s Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Jobdea Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Jobdea Content, contained on the Service is owned, controlled, or licensed by or to Jobdea, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

As a user of the Jobdea Service, Jobdea grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at Jobdea’s sole discretion, to use (i) the Jobdea name and (ii) the Jobdea logo, unaltered, unmodified, and as it appears on the Jobdea.com website solely for the purpose of truthfully referring to Jobdea, including for use in creating a website that explicitly references Jobdea (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Jobdea Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Jobdea, or affiliated with Jobdea, (ii) no Jobdea Content beyond the Jobdea name and logo may be used, (iii) any such use must be of the full Jobdea name and/or unaltered and current Jobdea logo, (iv) any such use may in no way disparage Jobdea, any user of the Jobdea Service, or any third party, and (v) any website that uses Jobdea Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by Jobdea.” You agree to make no other uses of the Jobdea name and logo beyond those expressly allowed herein, pursuant to a Use License.

Except as expressly provided in this Agreement or otherwise permitted by law, no Jobdea Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Jobdea’s express prior written consent.

9. Termination; Breach of This Agreement

You agree that Jobdea may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service, without providing a refund of any subscription fees. But way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Jobdea’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.

If Jobdea takes any legal action against you as a result of your breach of this Agreement, Jobdea will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Jobdea.

10. Disclaimer of Warranties

While Jobdea attempts to make User Content available through the Service, Jobdea does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Jobdea will not be liable to you or to any third party for termination of your access to the Service for any reason.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOBDEA AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE Jobdea AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. JOBDEA AND THE JOBDEA AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOBDEA, THE JOBDEA AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

11. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOBDEA AND THE JOBDEA AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT Jobdea MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF JOBDEA, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT JOBDEA AND THE JOBDEA AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, JOBDEA AND/OR THE JOBDEA AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify and hold Jobdea and/or the Jobdea Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Jobdea and/or the Jobdea Affiliates in connection with any claim arising out of your breach of the Agreement. Jobdea reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

14. General Terms

Entire Agreement. This Agreement is the whole legal agreement between you and Jobdea. It governs your use of the Service and completely replaces any prior agreements between you and Jobdea with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Jobdea.

Governing Law. The laws of the state of Virginia, will apply to any disputes arising out of or relating to these terms or the Jobdea Service.

Dispute Resolution. Any dispute arising out of or relating to these terms or the Jobdea Service shall be submitted exclusively to confidential binding arbitration in Fairfax, Virginia, except that to the extent you have in any manner violated or threatened to violate Jobdea’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Virginia. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.

Statute of Limitations. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Jobdea does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Jobdea may assign or delegate some or all of its rights and obligations under this Agreement.

15. How to contact us.

Please email us at support@jobdea.com