These Terms of Service (“Terms”) govern your access to and use of the JobFixer website and its associated services (collectively, “JobFixer”). By accessing or using JobFixer, you agree to be bound by these Terms. You may use JobFixer only if you comply with these Terms and all applicable laws and are not barred from receiving services under the laws of any applicable jurisdiction.
“We,” “us”, “our” and “Company” refer to DoubleLimit, a California corporation (“DoubleLimit”).
“You” and “your” refer to each user of JobFixer and, as applicable, any individual or entity on behalf of which such individual uses JobFixer.
You affirm that you are at least 18 years of age. If you are younger than 18 years old, you may not use JobFixer.
You agree that (a) when you create your account, you will not provide any false information and you will not impersonate anyone else, and (b) you will not take any action that will disable JobFixer or impair its operation.
You are responsible for keeping your account password secure. If there is any unauthorized use of your account, you agree to notify us immediately. You will be liable for any unauthorized use of your account or password and any losses to us or others due to such unauthorized use. We will not be liable for any loss or damage arising from any unauthorized use.
If you violate any provision of these Terms, or otherwise create any actual or potential liability for us, we may restrict or terminate your access to JobFixer or terminate your account. We will notify you, either by email or the next time you try to access your account, of any such restriction or termination.
You may terminate your account at any time by uninstalling JobFixer.
Following account termination you may remove your data from our server by sending an e-mail to support@jobfixer.com with the subject ‘Termination of Service’, and the body containing your first and last name, phone number, and the phrase “I,
The immediately preceding paragraph and Sections 7 through 14 of these Terms will survive account termination.
We retain all right, title, and interest in and to JobFixer and all data created by JobFixer, and all intellectual property rights in all of the foregoing.
You may not reproduce, publish, transfer, sell, lease, sublicense, distribute, or make derivative works of JobFixer or any information contained therein.
The JobFixer Privacy Policy [https://www.jobfixer.com/privacypolicy.html] is incorporated into these Terms.
If you have any comments or questions regarding our Privacy Policy, please contact us at support@jobfixer.com.
You will indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of JobFixer; (c) your violation of intellectual property rights or any other rights of any third party; or (d) your failure to comply with any law, statute, ordinance, or regulation.
Your access to and use of JobFixer is at your own risk. You understand and agree that JobFixer is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of JobFixer. We will not be responsible or liable for any harm that results from your access to or use of JobFixer. We make no warranty that JobFixer will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through JobFixer, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE OR GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE WHERE; (ii) ANY CONDUCT OF OR ANY INFORMATION PROVIDED BY ANYONE OTHER THAN DOUBLELIMIT; AND (iii) ANY INFORMATION OBTAINED FROM WHERE, WHETHER SUCH DAMAGES ARISE FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services may be brought solely in the state or federal courts in San Jose, California, and you hereby consent to the exclusive jurisdiction of such courts.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR WHERE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Neither you nor we will have the right to participate in a class action, either as a class representative, class member or class opponent; act as a private attorney general; or join or consolidate claims with claims of any other person or involving any other transaction. No court, arbitrator or other forum will have authority to conduct any such class, private attorney general or multiple-party proceeding with respect to any cause of action arising under or relating to these Terms.
These Terms are the entire and exclusive agreement between us and you regarding JobFixer and all other matters governed by these Terms.
We may revise these Terms from time to time. If any revision is material, we will notify you via JobFixer or by other means. By continuing to access or use the Services after any revision becomes effective, you agree to be bound by the revised Terms.
You and we are independent contractors. We are not your agent, and you are not our agent.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such, or any other, right or provision.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may assign any of our rights or obligations under the Terms without notice to you.
There are no third-party beneficiaries of these Terms.
We may change JobFixer, or limit its availability, from time to time at our sole discretion without prior notice to you.
If you have any questions or comments about these Terms, please contact us at support@jobfixer.com.