TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms and Conditions”) completely and carefully before using the www.jobmapper.com website (the “Site”). By using the Site, you agree to be bound by the Terms and Conditions, as may be amended from time to time, for any reason and without notice to you. If you do not agree with any of these Terms and Conditions, please do not use this Site.
- Use of the Site.
- This Site has been developed, and will continue to be operated and developed, by OpenLabor Holdings, Inc., jobmapper.com, and all of its and their subsidiaries, affiliates, successors, and assigns (collectively, the “Company”). The Company grants you a non-exclusive, non-transferable license to use the services provided on the Site, and to view the images, data, or information contained on the Site for internal, personal use only, in accordance with these Terms and Conditions.
- You may not rent, disclose, publish, sell, assign, lease, market, display, perform, reproduce, copy, distribute, modify, sublicense, transfer, alter, create derivative works, compilations, improvements, or enhancements, or otherwise exploit the images, data, information, or services provided or contained on the Site. You may not re-publish or re-distribute the services, data, or information provided on the Site, and you may not send automated queries to the Site. You acknowledge that by your use of the Site you will not have any ownership rights, including any intellectual property rights, in or to the Site, or the images, data, or information contained on the Site.
- Google License. The Site is developed in part based on a license from Google to use the Google Maps API. The terms and conditions of this license may be viewed at http://www.google.com/apis/maps/terms.html (the “Google License”). Your use of this Site must, in every respect, comply with the Google License as well the provisions of these Terms and Conditions.
- Third-Party Information. The Site contains images, data, and information provided by third parties. You acknowledge that the Company does not screen or review this third-party information. You agree that the Company hereby disclaims any and all representations, warranties, and responsibilities for the accuracy of information provided by such third parties. You acknowledge that the data and information contained on the Site is stored in the cache and memory of the Site, and may be out-of-date, stale, or expired. You agree to verify the accuracy of any such data or information prior to relying upon it. The Site also contains links to third-party websites. The presence of these links is not an endorsement of any product, services, or information available from these sources. The Company disclaims any and all responsibility for the information which is accessible through any third-party websites, and assumes no liability associated therewith. You acknowledge that the usage of such third-party websites may be governed by terms and conditions that are different from these Terms and Conditions.
- Information Posted to the Site. You acknowledge that any data or information that you post on the Site is done at the permission and discretion of the Company, and the Company may withdraw such permission, or otherwise delete or remove such data or information, without any liability or obligation to you. You acknowledge that any information or data posted to the Site will not be confidential and will be viewable by members of the public, and that the Company shall have the right to download, view, screen, review, or monitor any of the data or information on the Site and/or monitor your usage of the Site.
- Responsibility for Use of Site. You agree that you are responsible for your own conduct and content while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper, and in accordance with these Terms and Conditions. By way of example, and not as a limitation, you agree that when using the Site, you will not:
- Use the Site in any manner that violates any federal, state, or local
law, statute, ordinance or regulation (including without limitation those
governing export control, consumer protection, unfair competition, anti-discrimination,
or false advertising);
- Upload, post, e-mail, transmit, download, store, distribute, or make available
any copyrighted material, patents, trademarks, trade secrets, or other
proprietary rights or confidential information if you do not have the
right to do so;
- Remove any copyright, trademark, or other proprietary rights notices contained
in or on the Site;
- Upload, post, email, transmit, download, or otherwise make available any
inappropriate, defamatory, infringing, obscene, or unlawful content;
- Upload, post, email, transmit, or otherwise make available any information or data that falsely expresses or implies that such content is sponsored or endorsed by the Company;
- Upload, store, download, or transmit any viruses, Trojan Horses,
worms, time bombs, or other computer programming routines or data that may
damage, detrimentally interfere with, surreptitiously intercept, or expropriate
any system, data, or personal information;
- Defame, abuse, harass, stalk, threaten, promote the physical harm
or injury, or otherwise violate the legal rights (such as privacy and publicity)
of others or advocate violence against or hostility toward people or groups
based on their race, religion, national origin, sexual orientation, gender,
or disability;
- Impersonate another person or entity, or falsify or delete any author
attributions, legal, or other proper notices or proprietary designations
or labels of the origin or source of software or other material;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about users for any unauthorized purpose;
- Share your account with individuals or entities that are not affiliated with you;
- Prevent others from lawfully using the Site;
- Attempt to access any portion of the Site to which you have not received express permission to access;
- Interfere with or disrupt the use of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Using the software made available on this Site (“Software”) or the Site in any manner that may create liability for the Company or cause the Company to lose (in whole or in part) the services of its advertisers, service providers, or suppliers;
- Copy, reverse engineer, decompile, disassemble, translate, modify, or make derivatives works of any data, information, imagery, services, or software provided on the Site.
- Disclaimers; Limitation on Liability; Release; Indemnity.
- THE SITE, THE SOFTWARE, AND THE IMAGES, DATA, AND INFORMATION CONTAINED ON THE SITE, ARE BEING PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE OR THE SOFTWARE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SOFTWARE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE, AND YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS BEING MADE AVAILABLE TO YOU ON AN “AS-IS, “AS-AVAILABLE”, “WITH ALL FAULTS” BASIS, WITH NO WARRANTIES WHATSOEVER. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY RESPONSIBILITY AND WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE OR THE SOFTWARE, THE ACCURACY AND INTEGRITY OF THE DATA AND INFORMATION CONTAINED ON THE SITE, AND THE SITE BEING FREE OF TECHNICAL MALFUNCTIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
- YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE SOFTWARE. YOU BEAR ENTIRE RISK, AND HEREBY FULLY AND IRREVOCABLY RELEASE THE COMPANY, IN CONNECTION WITH ANY DAMAGES, LOSSES, OR CLAIMS FROM YOUR USE OF THE SOFTWARE AND THIS SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DATA THAT YOU UPLOAD TO, STORE ON, OR DOWNLOAD FROM THE SITE AND ARE SOLELY RESPONSIBLE FOR ANY AND ALL NECESSARY ACTIONS REQUIRED TO BACK-UP THE DATA THAT YOU UPLOAD ONTO THE SITE. YOU ACKNOWLEDGE THAT THE COMPANY DISCLAIMS ALL REPRESENTATIONS THAT THIS SITE WILL MEET YOUR NEEDS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- YOU REPRESENT AND WARRANT THAT: (A) ANY DATA YOU UPLOAD TO THE SITE IS WHOLLY YOUR OWN ORIGINAL WORK OR THE WORK OF OTHERS FROM WHOM YOU HAVE RECEIVED THE RIGHT OR AUTHORITY UPLOAD TO OR DOWNLOAD FROM THE SITE; (B) YOUR DATA DOES NOT AND WILL NOT INFRINGE ON ANY THIRD PARTY’S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY, OR MORAL RIGHTS; (C) YOUR DATA DOES NOT AND WILL NOT VIOLATE ANY LAW, STATUTE, ORDINANCE, OR REGULATION.
- NEITHER THE COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE OR THIS SITE OR ANY INFORMATION OR SERVICES CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN THE EVENT THE COMPANY IS DETERMINED TO BE LIABLE TO YOU FOR ANY REASON WHATSOEVER, YOU AGREE THAT THE COMPANY’S ENTIRE LIABILITY HEREUNDER SHALL BE NO GREATER THAN THE AMOUNT THAT YOU PAID TO USE THIS SITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING FROM YOUR USE OF THE SITE OR THESE TERMS OR CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR WILL BE FOREVER BARRED.
- YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, RELATED ENTITIES, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS, OR OTHER AFFILIATES FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, COSTS, OR EXPENSES, INCLUDING ATTORNEYS FEES, RESULTING OR ARISING FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, USE OF THE SOFTWARE, ANY DATA OR INFORMATION, OR LOSS OF DATA THAT YOU UPLOAD TO, STORE ON, OR DOWNLOAD FROM THE SITE, AND/OR YOUR BREACH OR ALLEGED BREACH OF ANY OBLIGATION, CONDITION, OR TERM IN THESE TERMS AND CONDITIONS, INCLUDING ANY CLAIMS FROM ANY THIRD PARTY FOR INFRINGEMENT.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 6 MAY NOT APPLY TO YOU.
- Intellectual Property. You acknowledge that the Company owns all
rights, title and interest, including without limitation all Intellectual
Property Rights (defined below), in and to the Site and the Software
and all other names, logos, characters, and images (collectively, “Marks”) on
the Site. “Intellectual Property Rights” means any and all rights existing
from time to time under patent law, copyright law, trade secret law, trademark
law, unfair competition law, and any and all other proprietary rights, and
any and all applications, renewals, extensions, and restorations thereof,
now or hereafter in force and effect worldwide.
- Miscellaneous.
- Termination. The Company may limit or terminate your
rights to access and/or use the Site and Software for any reason, including,
but not limited to, any other violation by you, or any user of your account,
of your obligations under these Terms and Conditions. The Company hereby
expressly reserves any and all rights and remedies that it may have against
you. Following such termination, you agree to no longer directly or indirectly
access, attempt to access, or use the Site, or any of the data or information
contained herein. Notwithstanding any termination of this Agreement, the
provisions of Sections 1.2, 2, 3, 4, 5, 6, 7, and 8 will survive termination.
- Intellectual Property Violations. The unauthorized reproduction, copying,
distribution, modification, public display or public performance of copyrighted
works constitutes infringement of the copyright owners rights. You acknowledge
that we will terminate your account if you repeatedly infringe on the copyrights,
or other intellectual property rights, of the Company or others. We reserve
the right to take these actions at any time, in our sole discretion, with
or without notice, and without any liability to the account holder who
is terminated or to the user whose access is blocked.
- Assignment. You may not transfer, assign, or delegate any right or obligation
under these Terms and Conditions, without the express written consent of
the Company. You acknowledge that the Company may transfer, sell, or assign
any of this Site or the Software without any requirement to provide notice
to you or to obtain your consent.
- Amendment. These Terms and Conditions may be amended, modified, altered,
or revised by the Company, in its sole discretion, by posting an amended,
modified, altered, or revised version of these Terms and Conditions on
this Site.
- Governing Law. These Terms and Conditions will be governed by and construed
in accordance with the laws of the State of California, without giving
effect to the conflict of laws provisions of California or your actual
state or country of residence. Any action or proceeding related to the
subject matter of these Terms and Conditions shall be venued in Los Angeles,
California. You hereby agree to submit to personal jurisdiction in the
federal and state courts located in Los Angeles, California. This Agreement
shall not be governed by the United Nations Convention on Contracts for
the International Sale of Goods.
- Severability. In the event any provision (or part of
any provision) of these Terms and Conditions is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions
(or part thereof) shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
- Waiver. Any waiver of any provision of these Terms
and Conditions will be effective only if in writing and signed by the Company.
- Entire Agreement. The provisions of the Terms and Conditions,
any Privacy Policy contained on the Site, and any other agreement governing
the terms of your usage of this Site represent the entire agreement between
you and the Company. The Terms and Conditions shall supersede any prior
agreements or understanding not incorporated herein.
- Force Majeure. The Company shall not lose any rights
hereunder or be liable to you for damages or losses (except for payment
obligations) on account of failure of performance, if the failure is occasioned
by war, strike, fire, act of God, earthquake, flood, lockout, embargo,
governmental acts or orders or restrictions, failure of suppliers, terrorism,
or any other reason where failure to perform is beyond the reasonable control.
- Further Assurances. You agree to cooperate with the
Company and to execute and deliver, or cause to be executed and delivered,
all such other agreements, instruments and documents, and to take all such
other actions, as may be reasonably requested of you from time to time
in order to effectuate the provisions and purposes of these Terms and Conditions.
- No Third-Party Beneficiary Rights. These Terms and
Conditions are entered into for the sole and exclusive benefit of the Company
and you. No other parties are intended to be direct or indirect beneficiaries
of these Terms and Conditions, nor shall any third parties have any right
in or under these Terms or Conditions or any term or provision set forth
herein.
- Notice and Cure. Upon the occurrence of a breach or
default by the Company of any of its obligations herein, you agreed to
provide provide a reasonably-detailed, written notice describing the breach
or default to the Company (“Default Notice”). Upon receipt of the Default
Notice, the Company shall have sixty (60) days to cure the said breach
or default; provided, however, that if such default is not capable of cure
within the said sixty (60) day period, then no breach or default shall
be deemed to have occurred by reason of such failure so long as the Company
promptly commences and diligently prosecutes such cure to completion (“Cure
Period”).
- Mediation; Arbitration. Following the expiration of
the applicable Cure Period, any dispute, claim, or controversy (“Dispute”)
arising out of or related to these Terms and Conditions shall be resolved
in accordance with the following procedures: (i) the party bringing or
sponsoring the Dispute shall provide written notice of the Dispute to the
other party; (ii) for a period of sixty (60) days thereafter, the parties
shall negotiate in good faith in an effort to resolve the Dispute, with
or without the assistance of a mediator; and (iii) if the Dispute remains
unresolved after sixty (60) days, the Dispute will be finally settled by
binding arbitration pursuant to the provisions of California Code of Civil
Procedure Section 1280, et seq. (“Arbitration Rules”), by a single arbitrator
appointed in accordance with the Arbitration Rules and with all hearings
being held in Los Angeles County, California. Judgment on an award rendered
by an arbitrator may be entered in any court in Los Angeles County, California.
Notwithstanding anything contained herein to the contrary, any action for
breach of these Terms and Conditions must be initiated within one (1) year
from the date the aggrieved party first knows, or reasonably should have
known, of such breach, or such breach shall be deemed to be waived.
- Attorneys Fees. In the event of any Dispute arising
out of these Terms and Conditions, the prevailing party shall recover,
in addition to any other damages assessed, its reasonable attorneys’ fees
and costs incurred in litigating, arbitrating, or otherwise settling or
resolving such dispute regardless of whether an action is brought or prosecuted
to judgment.
- Authority. You represent and warrant that you have
the full right and power to enter into and perform your obligations
under these Terms and Conditions, and have secured all third party
consents necessary to enter into these Terms and Conditions. These
warranties shall survive any termination of your usage of the Site.
You agree to indemnify and hold the Company harmless from any and all damages
and costs, including reasonable attorneys’ fees, arising out of or related
to your breach of the representations and warranties described herein.
You agree to execute and deliver documents to the Company, upon the
Company’s
reasonable request, that evidence or effectuate the Company’s rights under
these Terms and Conditions. You acknowledge and agree that you have
read and understood these Terms and Conditions and agree to be bound hereby.
- Copyright Notices. The Company responds to notices
of alleged infringement in compliance with the Digital Millennium Copyright
Act. For more information, please review the Company’s Copyright and Intellectual
Property Policy contained on the Site.
- Privacy Policy. The collection and use of personal
information on the Site is governed by the Company’s Privacy Policy, which
may be found on the Site. You agree that the Company may access,
preserve, and disclose your personal information and the contents
of your account as set forth in the Company’s privacy policy, including
if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to comply with
legal process or protect the rights, property and/or safety of the
Company. Personal information collected by the Company may be stored and
processed in the United States or any other country in which the Company
or its agents maintain facilities. By your use of this Site, you consent
to any such transfer of information outside of your country.
- Notices. Any notices to the Company required or permitted
hereunder shall be in writing and sent by reputable overnight delivery
service to OpenLabor Holdings, Inc., 5737 Kanan Road, Suite 127, Agoura
Hills, California 91301. Notices shall be deemed delivered on the date
received.
Copyright and Intellectual Property Policy
OpenLabor Holdings, Inc., and Jobmapper.com (collectively, the “Company”) respects the intellectual property rights of others, and requests that you do the same. The Company has no responsibility for content provided on its websites by third parities. However, the Company will respond to clear notices of alleged copyright infringement, and, in appropriate circumstances and at its discretion, the Company may disable, suspend, limit, or terminate the accounts and/or access rights of users who infringe upon the copyrights or other intellectual property rights of the Company or others.
Pursuant to the United States Digital Millennium Copyright Act, if you believe that your work has been copied in a way that constitutes a copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a notice with the following information to the Company:
- An electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Company’s site, with sufficient detail that we may find it on the website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company’s agent for receiving copyright notices is:
Jobmapper.com,
Attention:DMCA Notice
5737 Kanan Road, Suite 127
Agoura Hills, CA 91301
E-mail: dmca@jobmapper.com.
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