Service Terms of Use

Last Revised: June 21, 2010

These terms and conditions (“Service Terms”), together with the Site Terms , which are incorporated by reference, govern your access to, and use of, the services (“Services”) of Jobfully, LLC (“Jobfully”). These Service Terms do not alter in any way the terms of any printed written agreement signed by you and Jobfully.com, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Service Terms on such entity's behalf.

If you have any questions regarding the use of the Service, please refer first to the support section of the Site. All other questions or comments about the Service or its contents should be directed to support@jobfully.com .

1. Registration for the Service.

In order to access the Services, you will be required to register by providing information about yourself and, if you are registering on behalf of an entity, information about that entity (such as identification, credit card information and contact details). You agree that any such information you provide is accurate, complete and updated. Failure to do so constitutes a breach to these Service Terms and may result in a termination of your account and access to the Services. You are responsible for maintaining the security and confidentiality of your account password. You are also solely responsible for all activities that occur through your User ID and password. You agree not to access or use, or attempt to access or use, the Site or the Service or any part thereof using the identity or the Registration Data of any person other than yourself. You agree to immediately notify Jobfully.com of any unauthorized use of your User ID or password.

2. Posting Content

The Site includes areas in which you may post User Content, including Community, Shared Jobs and Customer Support. Jobfully.com has the right to refuse any User Content. You agree that Jobfully.com, at its sole discretion, has the right to screen, reject, or remove any User Content, or portion thereof, posted to our servers that infringes our, or any third party intellectual property or other rights, violates these Service Terms or our other policies or is otherwise objectionable. Jobfully.com reserves the right to disclose any such material posted to our servers as necessary to satisfy any applicable law, regulation, legal process or governmental request.

3. Payment

You shall be charged each month in advance for such amount as you select when subscribing for the service until such time as you or Jobfully.com terminate the service. Termination of your account will result in no further charges against your credit card, but no refunds shall be issued. All charges and payments shall be in U.S. dollars. For those customers making payment by credit card, you authorize Jobfully.com to bill your credit card for amounts authorized. Jobfully.com reserves the right to collect certain taxes or other assessments from you in order to comply with local, state, Federal, or international laws and regulations, as required now or later imposed. If you claim exemption from any taxes, you shall provide Jobfully.com with documentation required by the taxing authority to support an exemption.

4. Consent to Receive Emails and Notice

As long as you maintain an account, you may not “opt out” of receiving account-related emails from Jobfully.com. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of Jobfully.com shall be support@jobfully.com (or such other address as is provided by Jobfully.com to you via email at your Notice address and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile.

5. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Jobfully.com has adopted a policy of terminating, in appropriate circumstances and at Jobfully.com's sole discretion, account holders who are deemed to be repeat infringers (See Site Terms ). Jobfully.com may also at its sole discretion limit access to the Site or Service and/or terminate the accounts of any users who infringe any intellectual property rights of others.

6. User Content

You agree not to post to the Site any of the following:

  1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the right to distribute and reproduce such User Content as provided under these Service Terms;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  6. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
  7. Any User Content that, in the sole judgment of Jobfully.com, may expose Jobfully.com to any harm or liability of any type.
  8. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

By posting User Content to the Site, you grant Jobfully.com and its affiliates the right to use, reproduce, publish, and distribute, such User Content on the Site. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) distribution of the User Content you supply in accordance with your direction does not violate these Service Terms or the Site Terms and will not violate any rights of or cause injury to any person or entity.

7. Compliance with Laws

You represent and warrant that your use of the Services shall comply with all local, state and federal laws.

8. Indemnification

You agree to defend, indemnify and hold harmless Jobfully.com, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Service Terms or your violation of the rights of any third party.

9. Term and Termination

This agreement shall continue until such time as either party terminates. You may terminate without cause by deactivating the account from “your account” page. Jobfully.com has the right to terminate the Services without cause only by providing thirty days prior notice to the email account listed by you in your user account information.

10. Termination for Cause

Jobfully.com may immediately terminate this Agreement in the event of your material breach of the terms or conditions of this Agreement. Any breach of your payment obligations or unauthorized use your account will be deemed a material breach of this Agreement.

11. Interstate Nature of Communications

You acknowledge that in using Jobfully.com Services you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the service results in interstate data transmissions.

12. Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of Jobfully.com but may be assigned without your consent by Jobfully.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.