DATE LAST MODIFIED: February 16, 2007
This Terms of Use Agreement (this "Agreement"), which is a legal agreement between you ("you") and Blog Coin LLC d/b/a "JobCoin" ("JobCoin"), shall govern your use of and access to JobCoin's Web site located at www.jobcoin.com (the "Web site") and all services provided by JobCoin as described therein, including, without limitation, hosted job board services provided on an ASP basis (the "Services"). By checking the box or clicking the "I Agree" button at the end of the this Agreement or elsewhere on the Web site, or by accessing and/or using the Web site or Services, you (x) accept this Agreement and agree to be bound by each of its terms, and (y) represent and warrant to JobCoin that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand JobCoin's Privacy Policy (the "Privacy Policy"), the terms of which are posted at the Web site and incorporated herein by reference, and agree to abide by the Privacy Policy. If you do not agree with any of the terms contained herein, you should not click the "I Agree" box referencing this Agreement and immediately cease any and all activities on the Web site and/or use of any Services.
Please read this Agreement carefully. Even if you fail to accept this Agreement as described above, by accessing the Web site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.
CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE
JobCoin may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, JobCoin may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site, or terminate the Services in full or in part, at any time in its sole discretion. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by JobCoin from time to time.
SERVICES AND FEES
The Services are described within various pages of the Web site. You should review these pages to gain a better understanding of the Services and the goals behind the Web site. At a general level, JobCoin provides a hosted job board (a "Job Board") to various online businesses.
JobCoin does not charge you a fee to use the Services or access the Web site. JobCoin does, however, retain a portion of the fee (the "Retained Percentage") paid by each person or entity which posts a job opening on your Job Board (each, a "Poster"). Such percentage is posted on the Web site, and may be modified from time to time at JobCoin's sole discretion (any such modification to take effect on the 30th day following the date on which JobCoin sends written or electronic notice to you of such modification) . The fee payable by each Poster (the "Posting Fee") to post a job opening on your Job Board is determined solely by you. JobCoin collects, on your behalf, all Posting Fees paid by a Poster, and remits all Posting Fees which have not been reversed or cancelled, minus the Retained Percentage, to you on the 35 th day following the receipt by JobCoin of the applicable Posting Fee. Payments may be made to you via PayPal, in which case your portion of each Posting Fee will be reduced by the amount of any fee charged by PayPal. JobCoin shall, in its sole discretion and within the first 30 days following any job posting, be permitted to grant a fee reversal or cancellation to any Poster to the extent JobCoin determines such Poster is entitled to such refund or credit, and JobCoin shall not be liable to you or any other party in any way on account of any such decision. In addition, you are free to grant Posting Fee reversals or cancellations within 30 days of each job posting. You hereby release JobCoin, together with its owners, officers, agents and affiliates, from any and all claims, damages, expenses and/or liabilities arising out of JobCoin's services in respect of collecting Posting Fees and/or granting or not granting reversals or cancellations.
You hereby agree to refrain from placing any job posting at the Job Board outside of the framework described in this Agreement or in any way which would result in JobCoin not being paid the Retained Percentage.
TERM
Services shall be provided to you until the last day of any calendar month during which either JobCoin or you have provided electronic or written notice of termination to the other party. In addition, JobCoin may, in its sole discretion, deem this Agreement terminated in the event your Job Board has been dormant for greater than 90 consecutive days. Upon any termination of this Agreement, JobCoin may or may not delete your Job Board data and account history in its sole discretion (however it shall make such deletions in the event it receives a written or electronic request from you to do so at support@jobcoin.com).
TERMS AND CONDITIONS FOR POSTERS
Any terms and conditions posted at your web site(s) regarding job postings at your Job Board shall not, in any regard, be contrary to the language set forth below. The following terms and conditions are applicable to, and binding upon, an individual or entity which posts a job at a Job Board (sometimes referred to as "you" in this section).
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web site and Services, excluding data entered in connection with a job posting ("Data"), are: Copyright © 2006 Blog Coin LLC. All rights reserved. "JobCoin" is a service mark of Blog Coin LLC. Other product and company names mentioned herein or within the Web site, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of JobCoin or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by JobCoin or any of its licensors. This Agreement shall not be deemed to transfer from JobCoin to you (i) any of JobCoin's or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by JobCoin, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement. JobCoin shall be permitted to use any Data (including e-mail addresses) to promote its business, syndicate postings to other job boards and/or otherwise carry out its business.
It shall be expressly prohibited for any third party to "scrape" or otherwise copy or utilize any Data or other information regarding any job posting at the Job Board (including, without limitation, for marketing purposes).
DISCLAIMERS AND LIMITATIONS
JobCoin intends that the information contained in the Web site on an each Job Board be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Web site and/or within the Job Board format may be made by JobCoin at any time. THE WEB SITE, EACH JOB BOARD AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." JOBCOIN AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE, EACH JOB BOARD AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE WEB SITE OR A JOB BOARD, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE, A JOB BOARD OR ANY OF JOBCOIN'S OTHER SERVICES. USE OF THE WEB SITE AND/OR A JOB BOARD AND/OR JOBCOIN'S SERVICES IS AT YOUR OWN RISK. JOBCOIN AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR A JOB BOARD AND/OR JOBCOIN'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR A JOB BOARD, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOBCOIN AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of JobCoin for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees RETAINED BY JobCoin AS A RETAINED PERCENTAGE ON ACCOUNT OF YOUR JOB BOARD DURING THE 3 MONTH PERIOD IMMEDIATLEY PRECEDING THE DATE ON which ANY CLAIM AROSE.
UNAVAILABILITY OF SERVICE OR WEB SITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is JobCoin's objective to make the Web site and each Job Board accessible 24 hours per day, 7 days per week, 365 days per year, the Web site and/or the Job Boards may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of JobCoin, access to the Web site and/or Job Boards and/or Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT JOBCOIN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE, THE JOB BOARDS AND/OR SERVICE.
INDEMNITY
As a condition of use of the Web site, a Job Board and/or the Services, you agree to indemnify JobCoin and its affiliates from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from (i) your use of the Web site, a Job Board or any of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement, and (ii) the operating of your web site(s) and/or your business.
LINKS TO THIRD PARTIES
The Web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. JobCoin does not operate or control in any respect any information, software, products or services available on such web sites. JobCoin's inclusion of a link to a web site does not imply any endorsement of those services or the web site, its contents or its sponsoring organization.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Web site, a Job Board or the Services, or to any acts or omissions for which you may contend JobCoin is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to JobCoin. The costs of arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND JOBCOIN WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and JobCoin, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
MISCELLANEOUS
This Agreement, including the Privacy Policy, constitutes the entire agreement between you and JobCoin and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and JobCoin with respect to the Web site and information, software, products and services associated with it. JobCoin and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between JobCoin and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
JobCoin's contact information, should you need to contact JobCoin for any reason, is:
JobCoin
600 South Dearborn, #2107
Chicago, IL 60605
Customer Service: (312) 234-3847
E-mail: support@jobcoin.com