JobSync Legal Terms of Service
1. Welcome to JobSync
As used in these Terms of Service, “you,” “user,” or “employer” means the individual or entity using the Services (and/or any individual, agent, employee, representative, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). “We,” “us” or “JobSync” means JobSync LLC, and the “parties” means you and JobSync.
2. License and Access to the Services
Upon payment of the applicable fees, JobSync grants to you a non-transferable and non-exclusive license to use the Service. According to the license, such use will be exclusively online, for your sole and unique benefit and in accordance with the intended use of the Service.
You acknowledge that the JobSync Service is constantly being improved and the you will only have access to the latest released version of the Service. Each new version or update of the Service will replace the previous version, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the JobSync Service may be temporarily unavailable.
Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.
JobSync may terminate the license by giving a two weeks notice to the User via the email address that is indicated as contact address on the Platform.
The User may terminate the license via the termination procedure offered through your account on the Service. Licenses that have started cannot be terminated or cancelled until the next license period. No payments will be refunded.
JobSync will automatically charge the credit card of the User for the payments of license extensions and you give explicit permission to JobSync to do so. In case the payment information is no longer correct, in case the payment facilitator refuses the payment for any reason or in case the payment facilitator executes a refund for any reason, the User will receive a notice to update the payment details within two weeks time. If JobSync is not able to process the payment during this period, the license will be automatically cancelled without additional notice.
3. Using the Services
As an express condition of being permitted to create an Account and use the Service, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.
Upon registration on the Site, JobSync will provide a password to you that will be sent to the email address you use to create your Account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify JobSync of any suspected or actual unauthorized use of your Account. You agree that JobSync will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
4. Intellectual Property
JobSync Content: The information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, videos, software, “How to” guides, and FAQs and other content) available on the Site and/or the Service, excluding Third Party Content (collectively, “JobSync Content”), are the copyrighted works of JobSync, and JobSync expressly retains all right title and interest in and to the JobSync Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the JobSync Content may violate copyright and/or other applicable laws.
JobSync acknowledges that all data you process through the Service is confidential, including all applicant and performance data. JobSync will not divulge your confidential information or make it known to third parties. Nor will JobSync use this information to its own benefit without express written permission from the User. Notwithstanding the former, JobSync may use performance and activity data when used in the aggregate along with other JobSync customers’ data so as to not enable a third party to understand any data with respect to you.
Similarly, you agree not to disclose JobSync Confidential Information without our prior written consent. “JobSync Confidential Information” includes: (a) all of JobSync’s software, technology and documentation relating to the Services; (b) the existence of, information about, or the terms of, any non-public beta or experimental features in the Service; and (c) any other information made available by JobSync that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. JobSync Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party.
JobSync’s Indemnification Obligations: If you are a paying User of the Service, JobSync will defend you against any third party claim brought against you alleging that the use of such paid Service as permitted hereunder infringes the United States intellectual property rights of a third party, and JobSync shall pay all costs and damages finally awarded against you by a court of competent jurisdiction as a result of any such claim; provided that you (a) promptly give written notice thereof to JobSync; (b) give JobSync sole control of the defense and settlement of the claim; and (c) provide to JobSync all reasonable assistance. The foregoing shall not apply to any claim based upon or arising from (i) any use of the Service outside the scope of these Terms of Service, (ii) User Content, or (iii) a combination of the Service with any content or other technology not provided by JobSync.
8. Representations; Warranties; Disclaimers
EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND JOBSYNC MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, JOBSYNC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND JOBSYNC MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT JOBSYNC SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF JOBSYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE FEES PAID BY YOU TO JOBSYNC HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
10.1 Entire Agreement; Amendments
The JobSync Terms are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements. The JobSync Terms may be amended (i) in a writing signed by both parties that expressly states that it is amending the JobSync Terms, or (ii) as set forth in Section 4, if you keep using the Services after We modify the JobSync Terms.
You may not assign or transfer any of your rights under the JobSync Terms.
10.3 Independent Contractors
The parties are independent contractors and the JobSync Terms do not create an agency, partnership, or joint venture.
10.4 No Third-Party Beneficiaries
The JobSync Terms do not create any third-party beneficiary rights.
10.5 No Waiver
The failure of either party to enforce any provision of the JobSync Terms will not constitute a waiver.
If it turns out that a particular term of the JobSync Terms is not enforceable, the balance of the JobSync Terms will remain in full force and effect.
Sections 4, 5, and 6 of these Terms of Service will survive termination.
10.8 Governing Law; Venue
All claims arising out of or relating to the JobSync Terms or the Services will be governed by the laws as set forth in the Commonwealth of Virginia, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Prince William County, Virginia, USA, and you and JobSync consent to personal jurisdiction in those courts.
10.9 Force Majeure
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
10.10 Questions, Notices, and Communications
In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. For support and customer service, please contact JobSync via email by using this address, firstname.lastname@example.org. To contact by mail, please send all communications to JobSync, 5501 Merchants View Sq #205, Haymarket, VA 20169.