This Agreement outlines the terms, conditions and general principles applicable to your use of the services provided by JobJar, LLC ("us" or
"JobJar") that are available under our domain, sub-domains, Facebook and other applications (collectively, the "Site" or
"Application" or "app").
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS OUR
SERVICES. If you do not comply with this Agreement at all times when using the Site, JobJar reserves the right to deny or restrict your access to the Site. The terms and conditions of this Agreement shall apply regardless of the means by which the Site was accessed, including, but not limited to, through the URL address, electronic mail, or links from other websites.
JobJar reserves the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. JobJar has the right to change or modify the terms and conditions in this Agreement, or to impose new conditions, including, but not limited to, adding or changing fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice. Your continued use of this Website following the posting of any changes to this Agreement means that you accept and agree to abide by such changes.
1 Membership Eligibility. Our services are only available to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended JobJar members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site and/or Application (app).
2 Fees and Services. Submitting a job (an "Offeror") and bidding on jobs (a
"Tradesman") using the JobJar Site requires a Visa and/or MasterCard payment. Unless otherwise stated, all fees are quoted on the Site in the currency of your country of origin. You are responsible for paying all fees associated with using JobJar's service and all applicable taxes. For their fee, a Tradesman becomes a member of JobJar and is entitled to submit bids so long as the membership remains current and in good standing. For their fee, an Offeror is entitled to develop a request for bids and submit it for bid, revise it and ultimately, accept a bid. No Returns. All sales are final
3 JobJar is a Venue. JobJar's role is to facilitate introductions between Offerors and Tradesmen. We are not a party to or otherwise involved in the actual transaction between Offerors and Tradesmen, and, as such, we have no control over (and do not warrant) the accuracy, quality, safety or legality of the requests for bids or the bids. In addition, JobJar cannot ensure that either an Offeror or a Tradesman will actually complete a transaction.
3.1 Identity Verification. We use many techniques to endeavor to verify the accuracy of the information our users provide us when they register on the Site and/or Application (app). However, because user verification on the Internet is imprecise at best, JobJar cannot and does not confirm each user's purported identity.
3.2 Release. Because we are a venue, in the event that you have a dispute with one or more users, you agree to and do hereby covenant to release JobJar (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual, incidental and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.3 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe disclosure and information practices when using the Site and/or Application (app). Please note that there are also risks of dealing with people acting under false pretence. By using this Site and/or Application (app), you agree to accept such risks. JobJar shall not be held responsible for the acts or omissions of users on the Site and/or Application (app).
4 Requests for Bids. As an Offeror, you will interact with the Site to develop a reasonable description of the work to be performed and will finalize a
"Request for Bid" to be made available for viewing by Tradesmen.
4.1 In order to submit Request for Bid, you must first join JobJar, which involves delivering certain personal information and entering your credit card information. JobJar will validate the credit card and upon confirmation of validity will authorize your Request for Bid.
4.2 Once you post your Request for Bid, you are still permitted to change it. However, in doing so you create the possibility of Tradesmen submitting Bids on Requests that are out-of-date. Therefore, we strongly encourage you to ensure your Request for Bid is accurate and complete prior to posting it.
5. Submitting a Bid. As a Tradesman, you will become a member which will allow you to review the Requests for Bid that are posted on the Site. By submitting a bid, you represent and warrant to the Offeror that you are qualified to perform the services described in the Request for Bid. Depending upon the services sought, you may be required to possess a license, professional certification or certain types of insurance or bonding.
5.1 In order to submit a Bid, you must first join JobJar, which involves delivering certain personal information and entering your credit card information. JobJar will validate the credit card and upon confirmation of validity will authorize you to submit a Bid.
5.2 Once you post your Bid, you are not permitted to change it, unless the Offeror changes the Request for Bid (i.e., changes the description of the services sought). Changing a Bid for services that conform to the Request for Bid is grounds for suspension from JobJar membership and, if repeated, grounds for termination. In the event it is reported to us that you revoked a Bid that was in response to a conforming Request for Bid, we will contact you to determine whether suspension, termination or no action is required under the facts presented. Our decision in such a case is absolutely within our sole discretion.
6. Completing the Transaction. As an Offeror or Tradesman, you are obligated to complete the transaction with your counterpart once you have reached agreement on the bid. It is possible that circumstances will require that the parties negotiate revisions to the scope of work once both the Offeror and Tradesman are physically present on the scene where the services are to be performed. In such case, you agree to deal in good faith during the negotiations to resolve the precise terms of the services and the compensation for the services. JobJar assumes no responsibility for the performance of the services or the payment of the amount agreed between the parties.
7.1 Definition. "Your Information" is defined as any information you provide to us directly or in the registration, Request for Bid, or Bidding process, in any public message area or through any email feature. You are solely responsible for Your Information.
7.2. Restricted Activities. Your Information (or any services requested or services offered) and your activities on the Site and/or App shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the misrepresentation that you possess certain required licenses, insurance or permits; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to another site. Fraudulent conduct is a violation of federal and provincial/state laws and may be reported to law enforcement authorities. In addition to action we may take with respect to your status as a JobJar member, we will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
8. Security. Please notify JobJar's webmaster at webmaster@JobJar promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your log-in, password or any other personal information. You, as a user of JobJar, are responsible for maintaining the confidentiality and security of this information.
9. Access and Interference. Much of the information on the Site and/or App is updated on a real time basis and is proprietary or is licensed to JobJar by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site and/or App for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose (determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, a Request for Bids or a Bid) from the Site and/or App without the prior expressed written permission of JobJar and the appropriate third party, as applicable; or (iii) interfere or attempt to interfere with the proper working of the Site and/or App or any activities conducted on the Site and/or Application (app) ;
10. Integrity. We have the right, but not the obligation, to monitor any activity and content associated with the Site and/or Application (app). We may investigate any reported violations of the Site and/or App policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating membership and participation, denying access and/or removing any materials on the Site and/or Application (app)).
11. Breach. Without limiting other remedies, we may limit your activity, immediately remove your Requests for Bids/Bids, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
12.1 We are committed to protecting your privacy. Click here for our general Privacy Notice. We may change the Privacy Notice in the future. You should check the Privacy Notice frequently for changes. Notwithstanding any provision of the Privacy Notice, however, please note that:
(a) we may share with our affiliates and other parties any registration information, any information concerning potentially fraudulent activities on the Site and/or Application (app), and any other information we may obtain or possess regarding any user of the Site and/or Application (app);
(b) we reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties; and
(c) in order to cooperate with governmental requests, to protect the Site and/or our systems and customers and/or to ensure the integrity and operation of the Site and/or our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
By registering to submit a Request for Bid or as a Member, you specifically authorize us to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize the purchase transaction necessary for you to become a Tradesman member or Offeror.
12.2 Unless otherwise authorized or consented to by us, you agree not to use any information regarding other participants that is accessible from the Site and/or App or disclosed to you by us, except to enter into and complete transactions on and through the Site and/or Application (app) . Without limiting the generality of the foregoing, you agree not to use any such information for purposes of spamming, harassment, invasion of privacy or otherwise objectionable conduct.
13. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND/OR APP AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states/provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or province to province.
14. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE AND/OR APPLICATION (APP) , OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO AN AMOUNT NO GREATER THAN $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, partners, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your submitting Requests for Bids or Bids.
17. Notices. Except as explicitly stated otherwise, any notices to us shall be given by postal mail to JobJar Attn: Legal Department 160 Tycos Drive Suite 207,Toronto, ON, M6B 1W8 Canada. Any notices to you shall be given to the email address you provide to JobJar during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to JobJar during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18. Resolution of Disputes. In the event a dispute arises between you and JobJar, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and JobJar agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved by the application of Florida law in an appropriate court in Broward County, Florida. Before resorting to litigation, however, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Please note: Claims by or between Offerors and Tradesmen with respect to the services provided in response to Requests for Bids shall be resolved by and between those parties and shall not join JobJar
- JobJar has no control over that aspect of the transaction and assumes no responsibility
19. Ownership. All content included on this Site and/or Application (app), such as text, graphics, logos, button icons, images, audio clips and software, is our property, the Offeror, Tradesman or other content suppliers and is protected by International copyright laws and conventions. As between you and us, the compilation (meaning the collection, arrangement and assembly) of all content on this Site and/or App is our exclusive property and is protected by Canadian, U.S. and foreign copyright laws and international conventions. All software used on this Site and/or App is our property or that of our software suppliers and is protected by Canadian, U.S. and foreign copyright laws and international conventions. The content and software on this Site and/or App may be used only as a resource to request bids for services or to respond to such requests for bids. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site and/or App is strictly prohibited.
20. Important Reminder about email communications: Please remember that email sent over the public Internet is not secure. If you send an email directly to us from your own email account the contents will not be encrypted. We strongly recommend that you do not send sensitive information (like a credit card number) to us via unencrypted email. JobJar is not responsible for any transmission by you of any personal information over the public Internet.