BY REGISTERING AT JOBHOP.COM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
By accessing the Site or using the Services, You acknowledge that You have read and agree to be bound by this Agreement. If You don’t agree with any of the terms of this Agreement, You do not have permission to access the Site or use its Services.
In addition, You may be asked to enter into additional agreements before being permitted access to certain of the Services (“Additional Agreements”). The Additional Agreements are made a part of this Agreement and will govern Your use of Services covered by the Additional Agreements. In the case of a conflict between the terms of this Agreement and Additional Agreements, the terms of the Additional Agreements shall govern.
At any time JobHop reserves the right, in its sole discretion, to modify this Agreement by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through Your continued access to the Site and/or your continued use of the Services.
1. Registration: In order to access any of the Services, You will be asked to submit certain information about Yourself to JobHop (the “Registration Information”). You represent and warrant that all the Registration Information You have provided Jobhop is true, accurate, correct, and complete as of the date of its submission to JobHop.
2. Premium Membership: Certain pages on the Site as well as certain Services are available to You without cost upon registration (“Free Membership”). To access the entire Site and all the Services for the period of time set forth on the Site, You must purchase a Premium Membership for the fee posted on the Site. The fee must be paid when You purchase the Premium Membership. JobHop reserves the right to change the fee for Premium Membership at any time and at its sole discretion, by posting the new fee to the Site.
3. Email Communication: You must provide JobHop with Your electronic mail (“Email”) address when registering at JobHop to access any Services. JobHop may use Your Email address in order to communicate with You regarding the administration of the Site. Occasionally, You may receive newsletters and/or updates with information that we deem to be of interest to members of JobHop. If You do not want to receive newsletters and/or updates, You may opt out of those Services (1) during the registration process, or (2) by clicking on the “unsubscribe” link on newsletters and/or updates. Or To opt out and unsubscribe from email communications: you can click here.
4. Access and Use of the Site and the Services – Permissions and Restrictions: You may access and use the Site and Services only for lawful purposes and solely in accordance with the terms of this Agreement. JobHop reserves the right to discontinue any aspect of the JobHop Site or the Services at any time and without notice. All rights not expressly granted to You specified under this Agreement are reserved by JobHop and its licensors.
You will not:
a. license, sublicense, rent, loan, lease, transfer, assign, resell, distribute or otherwise commercially exploit or make available to any third party the Site or the Services; or b. modify or make derivative works based on the Site or the Services; or c. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code and/or method of operation of the Site or the Services, or authorize any other third party to do any of the foregoing; or d. access or make use of the Services and/or the Site by scripts or automated services; or e. impersonate any person or use a name You are not authorized to use; or f. compromise, impair, or violate system or operation or network security.
Independent, third-party items of code might be included in the Site that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license accompanied by such Open Source Software. Nothing in this Agreement limits your rights under the terms and conditions of any applicable license for such Open Source Software, or grants you rights that supersede the terms and conditions of any applicable license for such Open Source Software.
5. Injunctive Relief: You recognize that any breach of Section 4 above will cause irreparable injury to JobHop and that actual damages might be difficult to ascertain and, in any event, may be inadequate. Accordingly (and without limiting the availability of legal or equitable remedies, including injunctive remedies, under any other provisions of this Agreement), You agree that in the event of any such breach JobHop shall be entitled to injunctive relief in addition to other legal and equitable remedies that may be available.
6. Ownership of Intellectual Property: JobHop and its licensors own all the rights, title and interest in and to the Site and the Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto (“Intellectual Property”). “Intellectual Property Rights” means all worldwide patents, copyrights, patent applications, trade secrets, trademarks, common law trademarks, trade names, service marks, and any other intellectual property, proprietary, and database protection rights and licenses, together with all registrations and any pending applications to register any such rights, including the JobHop name and logo . No right or license is granted to You herein to use any Intellectual Property owned by JobHop.
7. Data Collection: JobHop will have the right to utilize analysis tools, data capture, and other similar tools, to review, compile extract, synthesize, and analyze queries entered by You as well as any non-personally identifiable data or information resulting from Your use of the Services (“Results”). To the extent that any Results are collected by JobHop, such Results will be solely owned by JobHop and may be used by JobHop for any lawful business purpose without a duty of accounting to You, provided that the Results are used only in an aggregated form and without specifically identifying the source of the Results.
8. Representations and Warranties: You represent, warrant and covenant for the benefit of JobHop that: a) You have the legal authority and right to enter into this Agreement and, if You are accepting this Agreement on behalf of a company or business entity, that you are duly authorized to bind the company or business entity to the terms of this Agreement; b) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable Additional Agreement; c) all information You provide to JobHop in connection with this Agreement and Your access to the Site and use of the Services is true, accurate, correct, and complete as of the date of its submission to JobHop; d) You are at least thirteen (13) years of age
9. Indemnification: In addition to any injunctive relief, You agree to pay and indemnify, hold harmless, and defend JobHop and each of its respective members, managers, officers, directors, employees, contractors, subcontractors, agents and affiliates (“Indemnified Parties”), from any and all actual damages, claims, losses, demands, actions or causes of action, regulatory or judicial proceedings or investigations, levies, fines, penalties, fees, liabilities, expenses and costs (each a “Claim” and collectively “Claims”) including, without limitation, attorneys’, investigators’, accountants’, and experts’ fees, costs, and expenses sustained or incurred in connection with the defense or investigation of any such Claim, and any settlement amounts, which result against any Indemnified Party arising from: a) Your accessing the Site or use of Services, including any materials disseminated or transmitted by You and/or Your Registrants; b) Your breach of any term of this Agreement; or c) Your negligence or intentional misconduct hereunder. JobHop will provide You with notice of any such claim or allegation and JobHop will have the right to participate in the defense of any such claim at its expense.
10. DISCLAIMER: THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND/OR DOWNTIME MAY OCCUR FROM TIME TO TIME. JOBHOP DOES NOT REPRESENT OR WARRANT THAT: A) THE USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SYSTEM, SOFTWARE, OR DATA; B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR RELIABLE. JOBHOP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY JOBHOP WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREIN IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY OF THE SERVICES PROVIDED BY JOBHOP IN CONNECTION WITH YOUR FREE MEMBERSHIP SHALL BE TO DISCONTINUE YOUR FREE MEMBERSHIP.
YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF THE SERVICES PROVIDED BY JOBHOP IN CONNECTION WITH YOUR PREMIUM MEMBERSHIP SHALL BE LIMITED TO THE AMOUNT THAT YOU ACTUALLY PAID FOR YOUR PREMIUM MEMBERSHIP.
13. Linked Sites: The Site may contain links to third party sites not under the control of JobHop, and JobHop is not responsible for any content on any linked site. If You access a third party site from the Site, then You do so at Your own risk. JobHop provides links only as a convenience and the inclusion of such links does not imply that JobHop endorses or accepts any responsibility for the content on those third party sites. JobHop welcomes links to the Site. You may establish a link to this Site provided the link does not state or imply any endorsement or sponsorship of Your site by JobHop or any group or individual affiliated with JobHop. You may not use any content or trademarks appearing on the Site in establishing the link on Your site. You may not frame or otherwise incorporate into another site the content and/or other materials on the Site without prior written consent.
14. Notices: All notices by You under this Agreement must be delivered in writing by FAX, by courier, or by certified or registered mail (postage prepaid and return receipt requested) to JobHop’s at 1055 West Bryn Mawr Ave, Suite F253, Chicago, Illinois 60660. Such notice will be effective upon receipt, or three (3) business days after being deposited in the mail, whichever occurs sooner. JobHop may deliver a notice to You by posting of a general notice on the Site, which will be effective forty-eight (48 )hours after posting to the Site or sending a notice to the Email address you provided to JobHop..
15. Term, Termination: This Agreement shall be effective as long as You use or access the Site or Services. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12 and 16 shall survive expiration or termination of this Agreement indefinitely.
JobHop may terminate Your Free Membership at any time without cause and without notice to You.
Premium Membership shall expire sixty (60) days from the date You purchased Your Premium Membership, unless JobHop modifies this duration by posting a different duration to the Site at the time You purchase a Premium Membership.
JobHop may terminate Your Premium Membership immediately if, A) based on JobHop’s sole judgment, it determines You have materially breached this Agreement in any manner, including but not limited to (i) infringing or violating any intellectual property right of JobHop, or (ii) violating the Permissions and Restrictions set forth in Section 4 of this Agreement; or (B) JobHop substantially or entirely stops operating the Site or offering Services.
The termination of Your Membership shall terminate Your access to any of the Services for which registration is required. Neither JobHop nor any affiliate of JobHop shall be liable to You or to any third party for termination of Your membership for any reason. If Your Premium Membership is terminated for the reasons set forth in this Section, You SHALL NOT receive a refund of any fee paid for Your Premium Membership.
16. General Provisions: This Agreement is the complete and exclusive statement of the Agreement between JobHop and You regarding the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between JobHop and You. This Agreement will be governed by the laws of the State of Illinois without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state circuit court of DuPage County, Illinois. Each party irrevocably hereby consents to the venue and jurisdiction of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision in this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, then such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under the applicable law and the remaining provisions will continue in full force and full effect. You may not delegate, assign or otherwise transfer this Agreement, or any of Your rights or obligations under this Agreement, without the prior written consent of JobHop. Any such delegation, assignment or transfer in violation of the foregoing will be null and void.