Terms of Service
Table of Contents
- PURPOSE OF THE SITES
- ACCOUNT CREATION AND PASSWORDS
- COPYRIGHT AND TRADEMARK OWNERSHIP
- USER CONTENT & LICENSE GRANT TO JOBCUBE
- USER CONDUCT
- LINKS TO EXTERNAL SITES
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
- CHOICE OF LAW AND CHOICE OF FORUM
- MODIFICATION AND TERMINATION OF THESE TERMS AND THE SITES
- CONTACT US
Effective Date: 03/01/2023
These Terms of Service (“Terms”) govern your use of the websites, mobile applications, and other services operated by Jobcube, Inc. (collectively, the “Sites”). These Terms represent a binding contract between you and Jobcube, Inc. (“Jobcube,” “we,” “us” or “our”). By accessing or using the Sites in any manner, you expressly represent that you are above the age of majority in your jurisdiction of residence, that you are legally competent to enter into this agreement, and that you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use the Sites.
Certain areas, features, or functionalities of the Sites may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes the Additional Terms.
IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
PURPOSE OF THE SITES
The Sites will contain job listings and other information related to employment opportunities with third-party employers (collectively, “Listings”). The sole purpose of the Sites is to allow users to browse such Listings for personal, non-commercial purposes (the “Purpose”).
Users are responsible for applying to any positions of interest that they identify on the Sites and for completing any and all requirements in connection therewith. Unless expressly stated otherwise by Jobcube in writing, we will not be involved in any part of the job application process. Any positions of interest should be pursued directly with the employer and apart from the Sites. Without limiting the foregoing, Jobcube will not act as an agent or intermediary between users and employers referenced on the Sites and shall not participate in disputes, if any, between users and such employers. Any such disputes shall be solely between the user and the relevant employer. Relatedly, Jobcube is not an employment or staffing agency or similar operation.
The Sites are provided solely for general, informational purposes. Nothing on the Sites constitutes or should be interpreted as advice or guidance from Jobcube with respect to any Listing. Under no circumstances shall the availability of a Listing on the Sites be considered an endorsement by Jobcube of the relevant employer and/or its products or services or any other party related to the Listing.
Further, Listings available on the Sites originate from third-party sources, including employers and employment agencies. Listings have not necessarily been reviewed or approved by Jobcube, and we, therefore, make no representations or warranties of any kind regarding Listings, including as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in a Listing belong solely to party that created the Listing. Your reliance on the content of any Listings is done entirely at your own risk and you understand and agree that we are not responsible for, and shall have no liability related to, any Listings, including your reliance on any such content.
Further, Jobcube makes no representation regarding your likelihood of securing any employment opportunities of interest. Assessing, applying for, and securing any employment opportunities listed on the Sites is solely your responsibility. Accordingly, by accessing the Sites, you expressly acknowledge and agree that Jobcube shall not be liable for any loss or damage associated in any way with your consideration or pursuit of, or your reliance on, any employment opportunities or information listed on the Sites.
Finally, use of the Sites requires Internet access. You are entirely responsible for your access to the Sites, including any hardware or equipment (e.g., personal computer, mobile device, wireless router) and any related services (e.g., Internet access and/or mobile data services) that you may need to access and use the Sites. You are responsible for all financial obligations associated with such access to the Sites.
ACCOUNT CREATION AND PASSWORDS
To access certain portions of the Sites, you may be required to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites.
You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
COPYRIGHT AND TRADEMARK OWNERSHIP
The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and the design, selection, and arrangement thereof (collectively, the “Jobcube Content”), are the exclusive property of Jobcube, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. Under this license, you may use the Sites solely in accordance with the Purpose and at all times subject to these Terms. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Sites. Jobcube reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, re-post, transmit, distribute, display, reproduce, sell, license, or create derivative works from any Jobcube Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Jobcube and any applicable third party suppliers. Further, without the prior written permission of Jobcube, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, Jobcube, or any of its licensors into another website or other service.
Any unauthorized use of the Jobcube Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
USER CONTENT & LICENSE GRANT TO JOBCUBE
Either now or in the future, certain aspects of the Sites may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by Jobcube, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Jobcube. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content.
You will retain ownership of any intellectual property rights that you have in your User Content, but, in exchange for the opportunity to use the Sites and submit, post, link, share, or otherwise make available that User Content, you automatically grant, or warrant that you and/or the owner of such content has expressly granted, Jobcube a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses.
User Content shall not be deemed confidential and Jobcube shall not have any obligation to keep any such material confidential. Jobcube shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information. You are responsible for your User Content, and acknowledge that once published, we cannot always remove it.
By using the Sites, you agree to not use the Sites in any manner that:
- Is designed to interrupt, interfere with, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
- Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
- Infringes any copyright, trademark, trade secret, patent, publicity, or other right of any party, defames or invades the privacy of any person (living or deceased), or impersonates any such person;
- Uses all or part of the Sites for any purpose other than the Purpose as defined above, without our express written consent.
- Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Causes Jobcube to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- Links to materials or other content, directly or indirectly, to which you do not have a right to link;
- Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, all as determined by Jobcube in our sole discretion;
- Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
- Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order;
Jobcube shall have the right—but, to be clear, no obligation—to monitor, evaluate, and analyze any use of and access to the Sites and/or to remove any User Content from the Sites, for any reason, including to determine compliance with these Terms. You acknowledge that Jobcube may suspend or discontinue your access to and use of the Sites in the event of your actual or suspected violation of these Terms, your use of the Sites in an unacceptable manner, or if Jobcube otherwise deems it is necessary, all as determined by Jobcube in its sole discretion.
LINKS TO EXTERNAL SITES
The Sites may contain links to other websites. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." JOBCUBE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. JOBCUBE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JOBCUBE OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, JOBCUBE DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL JOBCUBE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, JOBCUBE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (I) USE OF OR INABILITY TO USE THE SITES, (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (IV) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (V) ANY OTHER MATTER RELATING TO THE SITES.
IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF JOBCUBE, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITES. ACCORDINGLY, JOBCUBE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend (at Jobcube’s option), indemnify, and hold Jobcube harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Sites or any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
By using the Sites, you and Jobcube agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party forty-five (45) days in which to respond to or settle the Dispute. Notice shall be sent as follows:
- Notice to Jobcube: You must send notice (1) by electronic mail to firstname.lastname@example.org and (2) by first-class or certified mail to 200 Continental Drive, Suite 401, Newark, Delaware, 19713, United States of America
- Notice to You: We will send notice by (1) electronic mail to the email address we have on file for you (if any). If we do not have an email address on file for you, or if we are for any reason unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.
Both you and Jobcube agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to JAMS (https://www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting the foregoing, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Jobcube agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, in lieu of arbitration either you or Jobcube may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
CHOICE OF LAW AND CHOICE OF FORUM
These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of Delaware, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.
You and Jobcube acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
MODIFICATION AND TERMINATION OF THESE TERMS AND THE SITES
We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. In our sole discretion, we may also provide notice of updates to these Terms by other means that we deem reasonable. Regardless of any other notice provided to you (or the lack thereof), by continuing to use the Sites (or any portion thereof) after we post any revisions to these Terms and update the “Effective Date,” you accept these Terms as modified.
We shall have the right to immediately terminate these Terms in the event of your actual or suspected breach of these Terms or our determination that you have used the Sites in an unacceptable manner, or if we otherwise decide that such termination is necessary, all as determined in our sole discretion. The following provisions shall survive the termination of these Terms: this section; the sections COPYRIGHT AND TRADEMARK OWNERSHIP (excluding the license granted to you), USER CONTENT AND LICENSE GRANT TO JOBCUBE, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE, CHOICE OF LAW AND CHOICE OF FORUM, and MISCELLANEOUS; and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
We also may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion, with or without notice. You understand, acknowledge and agree that Jobcube will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Sites.
- Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms.
- No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Jobcube does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Jobcube has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Jobcube’s rights, and all such rights or remedies shall still be available to Jobcube.
- Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- Entire Agreement. These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites.
- Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
- No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Jobcube.
- Notice to California Residents. You may reach Jobcube at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions, comments or concerns about these Terms, please contact us at: