Terms & Conditions
Last updated on October 1, 2024
ACCEPTANCE OF OUR LEGAL TERMS
At Jobcamp (“Company,” “we,” “us,” “our”), we operate the website https://jobcamp.co/ (the “Site”), the mobile app Jobcamp (the “App”), and related products and services that reference or link to these legal terms (the “Legal Terms”) (collectively referred to as the “Services”).
This application is designed to manage construction projects and field services.
You can contact us via email at [email protected].
These Legal Terms establish a legally binding contract between you, whether as an individual or on behalf of an organization (“you”), and Jobcamp regarding your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agree to comply with all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, THEN YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE USE.
We will give you prior notice of any anticipated changes to the Services you are using. The updated Legal Terms will take effect upon posting or by informing you via [email protected], as indicated in the email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the revised terms.
The Services are intended for users who are at least 18 years of age. Individuals under 18 are prohibited from using or registering for the Services.
We recommend that you keep a physical copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided while using the Services is not intended for distribution to or use by any individual or organization in any location or country where such distribution or use would violate laws or regulations, or where it would necessitate our registration in that location or country. Therefore, individuals who opt to access the Services from various locations do so at their own risk and are fully responsible for complying with applicable local laws.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We hold ownership or licensing rights for all intellectual property related to our Services, which includes all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively called “Content”), as well as the trademarks, service marks, and logos present therein (referred to as “Marks”).
Copyright, trademark laws, various other intellectual property protections, unfair competition laws, and treaties within the United States and internationally protect our Content and Marks.
The Content and Marks are provided through the Services “AS IS” solely for your personal, non-commercial use or internal business purposes.
Your use of our Services
In accordance with your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print any part of the Content you have legitimately accessed,
- exclusively for your personal, non-commercial use or internal business purposes.
Except as stated in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, modified, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent.
If you wish to use any portion of the Services, Content, or Marks beyond what is specified in this section or elsewhere in our Legal Terms, please direct your request to: [email protected]. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice remains visible when posting, reproducing, or displaying our Content.
We reserve all rights not explicitly granted to you regarding the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will be regarded as a significant violation of our Legal Terms, resulting in the immediate termination of your right to use our Services.
Your submissions and contributions
Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand the (a) rights you grant us and (b) responsibilities you undertake when you provide or upload any content through the Services.
Submissions
By directly providing us with any inquiries, comments, suggestions, ideas, feedback, or other information concerning the Services (“Submissions”), you agree to transfer any intellectual property rights of such Submission to us. You acknowledge that we will own this Submission and have the right to use and disseminate it for any lawful purposes, commercial or otherwise, without any acknowledgment or compensation to you.
Contributions
The Services may invite you to engage in chats, contribute to, or participate in blogs, message boards, online forums, and other features where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, which may include, but are not limited to, text, written works, video, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, personal information, or other materials (“Contributions”). Any Submission that is made public will also be considered a Contribution.
You acknowledge that Contributions may be visible to other users of the Services.
By posting Contributions, you grant us a license (which includes your name, trademarks, and logos): By submitting any Contributions, you give us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (which include, but are not limited to, your image, name, and voice) for any purpose, whether it’s commercial, advertising, or otherwise, to create derivative works from, or incorporate your Contributions into other works, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and via any media channels.
This license covers our use of your name, company name, and franchise name, if applicable, along with any trademarks, service marks, trade names, logos, and personal or commercial images you submit.
You are responsible for your posts or uploads: By sharing materials and/or Contributions through any aspect of the Services or linking your account through the Services to your social media accounts, you: confirm that you have read and accepted our “PROHIBITED ACTIVITIES” policy and will avoid posting, sending, publishing, uploading, or transmitting through the Services any Submission or Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permitted by applicable law, waive any and all moral rights to such Submission and/or Contribution; guarantee that any such Submission and/or Contributions are original to you or that you possess the necessary rights and licenses to submit them and that you have the full authority to grant us the aforementioned rights concerning those Submissions and/or Contributions; and assure that your Submissions and/or Contributions do not include confidential information.
You are fully accountable for your Submissions and/or Contributions, and you expressly agree to indemnify us for any damages that may arise due to your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We reserve the right to edit or remove your Content: Although we are not obliged to monitor any Contributions, we have the authority to remove or edit any Contributions at any time without notice if we reasonably believe such Contributions to be harmful or in violation of these Legal Terms. If we remove or modify any Contributions, we may also suspend or disable your account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you affirm and warrant that: (1) all registration information you provide is true, accurate, up-to-date, and complete; (2) you will maintain the correctness of this information and promptly update it as needed; (3) you possess the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction where you live; (5) you will not access the Services through automated or non-human means, whether via a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your usage of the Services will not violate any applicable laws or regulations.
If you provide any information that is incorrect, inaccurate, outdated, or incomplete, we retain the right to suspend or terminate your account and deny any and all present or future use of the Services (or any part thereof).
4. USER REGISTRATION
You may be required to register for access to the Services. You agree to keep your password confidential and will be responsible for all activities associated with your account and password. We retain the right to remove, reclaim, or alter any username you choose if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise unacceptable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment which may or may not be availiable:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
- Stripe
You agree to supply current, complete, and precise payment and account information for all transactions conducted through the Services. Furthermore, you commit to promptly updating your account and payment details, including your email address, payment method, and the expiration date of your payment card, so that we can effectively complete your transactions and reach you when necessary. Sales tax will be added to the total cost of purchases as we see fit. We reserve the right to modify prices at any time. All payments will be processed in US dollars.
You agree to pay all charges at the prevailing prices for your purchases, along with any relevant shipping fees, and you authorize us to charge your chosen payment provider for these amounts at the time you place your order. We maintain the right to correct any pricing errors or inaccuracies, even if we have already requested or received payment.
We have the right to decline any order placed through the Services. We may, at our discretion, limit or cancel the amount of products purchased per individual, per household, or per order. These restrictions may include orders made by or under the same customer account, the same payment method, and/or orders that utilize the same billing or shipping address. We retain the right to restrict or deny orders that, in our judgment, seem to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless you cancel it. You give us permission to charge your payment method regularly without requiring your consent for each recurring payment, until you decide to cancel that subscription. The length of your billing cycle will depend on the subscription plan you chose upon signing up for the Services.
User Additions and Automatic Updates
When you add additional users to your account, your subscription will automatically update to reflect the extra user licenses. This may lead to an immediate and prorated charge for the current billing period, as well as an increased recurring fee in future billing cycles. By adding users, you agree to these automatic updates and charges.
Free Trial
We offer a 15-day free trial for new users registering for the Services. You will not incur any charges, and your subscription will stay inactive until you opt to upgrade to a paid version after the free trial concludes.
Cancellation
All purchases are final and non-refundable. You can cancel your subscription at any time by going to your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please reach out to us at [email protected].
Fee Changes
We may occasionally modify the subscription fee and will inform you of any price changes in accordance with applicable laws.
7. PROHIBITED ACTIVITIES
You are not allowed to access or utilize the Services for any purposes other than those intended. The Services may not be used in connection with any commercial activities unless we have specifically approved or endorsed such use.
As a user of the Services, you consent to the following prohibitions:
- You will not systematically extract data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written consent.
- You must not deceive, defraud, or mislead us or other users, particularly when attempting to obtain sensitive account details like user passwords.
- It is prohibited to bypass, disable, or otherwise interfere with security features of the Services, including those that prevent or limit the use or copying of any Content or enforce usage limitations on the Services or the Content therein.
- You must not disparage, tarnish, or otherwise damage our reputation and/or the Services in our perspective.
- You are not allowed to use any information acquired from the Services to harass, abuse, or harm another individual.
- Misuse of our support services or submission of false reports regarding abuse or misconduct is forbidden.
- You should not utilize the Services in a manner that contradicts any relevant laws or regulations.
- Engaging in unauthorized framing of or linking to the Services is not allowed.
- You are prohibited from uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other harmful materials, including excessive capitalization and spamming (repetitive text posting), which disrupts any party’s uninterrupted usage and enjoyment of the Services or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Participation in any automated system usage, such as using scripts to send comments or messages, or employing any data mining, robots, or similar gathering and extraction tools, is not allowed.
- It is forbidden to remove any copyright or other proprietary rights notices from any Content.
- You must not attempt to impersonate another user or individual or use another user’s username.
- Uploading or transmitting (or attempting to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or similar devices (sometimes known as “spyware” or “passive collection mechanisms” or “pcms”) is prohibited.
- You must not interfere with, disrupt, or place an excessive burden on the Services or the networks or services associated with the Services.
- You should not harass, annoy, intimidate, or threaten any of our employees or agents who are providing any portion of the Services to you.
- Attempting to circumvent any measures of the Services that are meant to prevent or restrict access to the Services or any part of the Services is not allowed.
- You are prohibited from copying or modifying the software of the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other codes.
- Unless permitted by applicable law, deciphering, decompiling, disassembling, or reverse engineering any software that constitutes, or is in any way a part of, the Services is forbidden.
- Except as might occur from standard search engine or Internet browser usage, you must not use, launch, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- You must not employ a buying agent or purchasing agent to perform transactions on the Services.
- You are prohibited from unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for sending unsolicited emails, or creating user accounts through automated methods or under false pretenses.
- Do not utilize the Services as part of any competitive activity, or use the Services and/or the Content for any profit-driven endeavor or commercial enterprise.
- You should not use the Services to promote or offer to sell goods and services.
- The transfer or sale of your profile in any manner is prohibited.
8. USER GENERATED CONTRIBUTIONS
The Services may motivate you to engage in conversations, share your insights, or take part in blogs, message boards, online forums, and diverse features, and might permit you to create, submit, post, showcase, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, written works, videos, audio files, images, graphics, feedback, suggestions, or personal information and other materials (collectively known as “Contributions”). Other users of the Services and third-party websites may have the ability to view Contributions you submit. Therefore, any Contributions you share may be considered non-confidential and non-proprietary. By creating or making any Contributions available, you affirm and guarantee that:
The creation, distribution, transmission, public display, or performance of your Contributions, as well as accessing, downloading, or copying them, does not and will not infringe on any proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights held by any third parties.
You are either the originator and owner of, or have the requisite licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to utilize your Contributions in any way intended by the Services and these Legal Terms.
You have obtained the written consent, release, and/or permission from every identifiable individual included in your Contributions to use their name or likeness, allowing for the inclusion and use of your Contributions in any manner as envisioned by the Services and these Legal Terms.
- Your Contributions are not false, incorrect, or misleading.
- Your Contributions do not consist of any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or similar forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
- Your Contributions do not mock, ridicule, disparage, intimidate, or abuse any individual.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any individual, nor to provoke violence against a specific person or group.
- Your Contributions comply with all relevant laws, regulations, or rules.
- Your Contributions do not infringe on the privacy or publicity rights of any third-party individuals.
- Your Contributions adhere to all pertinent laws regarding child pornography or any regulations aimed at protecting the health or well-being of minors.
- Your Contributions do not contain any offensive remarks regarding race, national origin, gender, sexual preference, or physical disabilities.
- Your Contributions do not otherwise violate, or link to materials that violate, any provisions of these Legal Terms, or any applicable law or regulation.
Any utilization of the Services that contravenes the above conditions breaches these Legal Terms and may lead to, among other outcomes, the termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By submitting your Contributions to any part of the Services or by connecting your account from the Services to any of your social media profiles, you automatically grant, and you affirm and guarantee that you have the authority to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license and right to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (which includes, but is not limited to, your image and voice) for any purpose, whether commercial, advertising, or otherwise, and to create derivative works from or incorporate these Contributions into other works, as well as grant and authorize sublicenses for the stated rights. The use and distribution may occur in any formats and through any media channels now or in the future.
This license will apply to any form, medium, or technology that exists now or is developed later, and includes our use of your name, company name, and franchise name, as relevant, along with any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights concerning your Contributions and assure that no moral rights have been claimed concerning your Contributions.
We do not claim ownership of your Contributions. You keep full ownership of all your Contributions and any related intellectual property rights or other proprietary rights. We are not responsible for any statements or representations made by you in your Contributions within any area of the Services. You are solely accountable for your Contributions to the Services and expressly agree to release us from all responsibilities, as well as to refrain from any legal actions.
We reserve the right, at our sole and absolute discretion, (1) to modify, edit, or otherwise change any Contributions; (2) to reclassify any Contributions to better position them within the Services; and (3) to pre-approve or remove any Contributions at any time and for any reason, without prior notice. We are not required to monitor your Contributions.
10. REVIEW GUIDELINES
We may provide options within the Services for you to submit reviews or ratings. When writing a review, you are required to follow these guidelines: (1) you should have firsthand experience with the person or entity being reviewed; (2) your reviews must not include offensive language, or any abusive, racist, discriminatory, or hateful comments; (3) your reviews must not contain any remarks that are discriminatory based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability; (4) your reviews must not mention illegal activities; (5) you must not be linked to competitors while publishing negative reviews; (6) you should not make any judgments regarding the legality of actions; (7) you may not publish false or misleading statements; and (8) you may not organize a campaign to motivate others to post reviews, whether they are positive or negative.
We may decide to accept, decline, or remove reviews at our sole discretion. We are not obligated to screen reviews or remove them, even if someone finds them objectionable or incorrect. We do not endorse reviews, and they do not necessarily represent our views or those of any of our affiliates or partners. We are not liable for any review or for any claims, liabilities, or losses resulting from any review. By submitting a review, you grant us an unlimited, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit in any form, display, perform, and/or distribute all content related to the review.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on the wireless electronic devices that you own or control, and to access and use the App on those devices strictly according to the terms and conditions outlined in this mobile application license included in these Legal Terms. You are not allowed to:
- except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
- make any modifications, adaptations, enhancements, translations, or derivative works from the App;
- violate any applicable laws, rules, or regulations concerning your access or use of the App;
- remove, alter, or obscure any proprietary notices (including copyright or trademark notices) placed by us or the App’s licensors;
- use the App for any revenue-generating venture, commercial endeavor, or any other purpose for which it was not designed or intended;
- make the App available over any network or environment that allows access or use by multiple devices or users at the same time;
- use the App to create a product, service, or software that is competitive with or serves as a substitute for the App directly or indirectly;
- use the App to send automated queries to any website or send any unsolicited commercial emails; or
- use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices that are intended for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (referred to as an “App Distributor”) to access the Services:
- the license granted to you for our App is limited to a non-transferable license for using the application on a device operating with the Apple iOS or Android systems, as appropriate, and in accordance with the usage rules specified in the terms of service of the respective App Distributor;
- we are responsible for providing any maintenance and support services related to the App as outlined in the terms and conditions of this mobile application license included in these Legal Terms or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation to provide maintenance and support services for the App;
- if the App does not conform to any applicable warranty, you may notify the relevant App Distributor, which may refund the purchase price, if any, paid for the App according to its terms and policies, and to the extent permitted by applicable law, the App Distributor will not have any further warranty obligations regarding the App;
- You guarantee and confirm that –
- you are not in a country that is subject to a US government embargo or designated by the US government as a “terrorist-supporting” country, and
- you are not listed on any US government prohibitive or restricted lists;
- you must comply with the respective third-party terms of service when using the App, for instance, if you are using a VoIP application, you must not violate their wireless data service agreement while using the App; and
- you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license included in these Legal Terms.
10. REVIEW GUIDELINES
We may offer you areas on the Services to submit reviews or ratings. When writing a review, you must adhere to the following guidelines:
- you should have personal experience with the individual or entity being reviewed;
- your reviews must not include offensive profanity, or any abusive, racist, offensive, or hateful language;
- your reviews must not contain discriminatory remarks based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability;
- your reviews must not reference illegal activities;
- you must not be associated with competitors while posting negative reviews;
- you should not draw any conclusions regarding the legality of behavior;
- you may not post false or misleading claims; and
- you may not organize a campaign to encourage others to post reviews, whether favorable or unfavorable.
We may choose to accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or delete them, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of any of our affiliates or partners. We hold no liability for any review or for any claims, liabilities, or losses resulting from any review. By submitting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit in any manner, display, perform, and/or distribute all content related to the review.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account to online accounts you maintain with third-party service providers (each referred to as a “Third-Party Account”) by either:
- supplying us with your login details for the Third-Party Account through the Services; or
- allowing us to access your Third-Party Account as permitted by the applicable terms and conditions governing your usage of each Third-Party Account.
You confirm and guarantee that you have the authority to share your login details for the Third-Party Account with us and/or to grant us access to your Third-Party Account without violating any of the terms and conditions that govern your usage of the relevant Third-Party Account, and without imposing any fees or usage restrictions on us due to the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that
- we may retrieve, make available, and retain (if applicable) any content you have submitted to and stored within your Third-Party Account (the “Social Network Content”) for access on and through the Services via your account, including, but not limited to, any friend lists, and
- we may send and receive additional information from your Third-Party Account as you are informed when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have configured in those Third-Party Accounts, personally identifiable information you share on your Third-Party Accounts may be accessible on and through your account on the Services.
Please be aware that if a Third-Party Account or its related service becomes unavailable, or if access to such Third-Party Account is revoked by the third-party service provider, the Social Network Content may no longer be reachable on and through the Services. You have the option to disconnect the link between your account on the Services and your Third-Party Accounts at any point.
PLEASE BE AWARE THAT YOUR INTERACTION WITH THE THIRD-PARTY SERVICE PROVIDERS LINKED TO YOUR THIRD-PARTY ACCOUNTS IS GOVERNED EXCLUSIVELY BY YOUR AGREEMENTS WITH THOSE THIRD-PARTY SERVICE PROVIDERS.
We do not routinely review any Social Network Content for any reason, including but not limited to accuracy, legality, or non-infringement, and we accept no responsibility for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list on your mobile device or tablet solely to identify and inform you of contacts who are also registered to use the Services. You can terminate the connection between the Services and your Third-Party Account by contacting us using the provided contact information below or through your account settings (if applicable). We will make efforts to erase any information stored on our servers that was obtained from such Third-Party Account, except for the username and profile picture linked to your account.
13. SERVICES MANAGEMENT
We retain the right, although we are not obligated to:
- monitor the Services for any violations of these Legal Terms;
- take appropriate legal measures against anyone who, at our sole discretion, breaks the law or these Legal Terms, including, but not limited to, reporting such individuals to law enforcement authorities;
- at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof;
- at our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable any files and content that are excessively large or burdensome to our systems; and
- otherwise manage the Services in a way that safeguards our rights and property while ensuring the proper functioning of the Services.
14. PRIVACY POLICY
We prioritize the privacy and security of data. Please review our Privacy Policy. By using the Services, you agree to comply with our Privacy Policy, which is integrated into these Legal Terms. Please take note that the Services are hosted in the United States and Canada. If you access the Services from any other region of the world that has laws or other requirements regarding personal data collection, use, or disclosure that differ from those applicable in the United States and Canada, by continuing to use the Services, you are transferring your data to the United States and Canada, and you explicitly consent to your data being transferred to and processed in the United States and Canada.
15. TERM AND TERMINATION
These Legal Terms will remain in full effect as long as you continue to use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, RESTRICT ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) FOR ANY INDIVIDUAL FOR ANY REASON OR NO REASON AT ALL, INCLUDING BUT NOT LIMITED TO A VIOLATION OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS OR ANY APPLICABLE LAWS OR REGULATIONS. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR REMOVE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we suspend or terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or a third-party’s name, even if you are representing that third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, which may include civil, criminal, and injunctive relief.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to alter, modify, or remove content from the Services at any time or for any reason at our sole discretion without prior notification. However, we are not obliged to update any information on our Services. We will not be held liable to you or any third party for any changes, price modifications, interruptions, or discontinuation of the Services.
We cannot guarantee that the Services will always be accessible. We may face hardware, software, or other issues or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We retain the right to modify, revise, update, suspend, discontinue, or change the Services at any time or for any reason without notifying you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or utilize the Services during periods of downtime or discontinuation. Nothing in these Legal Terms shall be construed as obligating us to maintain or support the Services or to provide any corrections, updates, or releases related to it.
17. GOVERNING LAW
These Legal Terms will be governed by and construed in accordance with the laws of Canada. Jobcamp and you irrevocably agree that the courts in Canada will have exclusive jurisdiction to settle any disputes that may arise concerning these Legal Terms.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the costs related to any dispute, controversy, or claim arising from these Legal Terms (each a “Dispute” and collectively, “Disputes”) raised by either party (individually, a “Party” and collectively, the “Parties”), the Parties agree to initially try to negotiate any Dispute (excluding those Disputes expressly noted below) informally for at least thirty (30) days before pursuing arbitration. Such informal discussions will commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute that arises from or relates to these Legal Terms, including any questions regarding its existence, validity, or termination, shall be referred to and definitively resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (located in Brussels, Belgium at Avenue Louise, 146) in accordance with the Rules of this ICAC, which, by reference, is considered part of this clause. The number of arbitrators shall be 2. The seat, or legal place, of arbitration will be in Canada. The proceedings will be conducted in English. The law governing these Legal Terms shall be the substantive law of Canada.
Restrictions
The Parties agree that any arbitration will be limited to the Dispute between the Parties on an individual basis. To the fullest extent permitted by law, (a) no arbitration shall be consolidated with any other legal action; (b) there is no right or authority for any Dispute to be resolved through arbitration on a class-action basis or to use class action procedures; and (c) there is no entitlement or authority for any Dispute to be adjudicated in a supposed representative manner on behalf of the general public or other individuals.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are exempt from the previously mentioned provisions regarding informal negotiations and binding arbitration: (a) any Disputes aimed at enforcing or protecting, or relating to the validity of, any intellectual property rights belonging to a Party; (b) any Dispute related to claims of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will choose to arbitrate any Dispute that falls within that portion of this provision deemed illegal or unenforceable, and such Dispute shall be resolved in a court with the appropriate jurisdiction.
19. CORRECTIONS
The Services may include details that have typographical mistakes, inaccuracies, or omissions regarding descriptions, pricing, availability, and other information. We retain the right to rectify any errors, inaccuracies, or omissions and to alter or refresh the information on the Services at any time, without prior notice.
20. DISCLAIMER
The services are provided on an as-is and as-available basis. You acknowledge that using the services is at your own risk. To the maximum extent permitted by law, we disclaim any warranties, whether express or implied, regarding the services and your use of them, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties about the accuracy or completeness of the content in the services or on any websites or mobile applications linked to the services, and we will not be held liable for any of the following:
- errors, mistakes, or inaccuracies in content and materials,
- personal injury or property damage of any kind resulting from your access to and use of the services,
- any unauthorized access to or use of our secure servers and/or any personal or financial information stored there,
- any interruption or discontinuation of transmission to or from the services,
- any bugs, viruses, trojan horses, or similar problems that may be transmitted to or through the services by a third party, and/or
- any errors or omissions in any content and materials or for any loss or damage of any kind suffered due to the use of any content posted, transmitted, or otherwise made available through the services.
We do not guarantee, endorse, or accept responsibility for any products or services advertised or offered by a third party through the services, any hyperlinked websites, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or held accountable for monitoring any transaction between you and any third-party providers of products or services. As with purchasing a product or service through any means or in any environment, you should exercise your best judgment and be cautious as needed.
21. LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, data loss, or other damages arising from your use of the services, even if we have been informed of the possibility of such damages. Notwithstanding any contrary provisions herein, our liability to you for any reason and regardless of the form of action will always be limited to $25.00 usd. Some state laws in the u.s. and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not be relevant to you, and you may have additional rights.
22. INDEMNIFICATION
You agree to defend, protect, and hold us harmless, including our subsidiaries and affiliates, as well as all our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party that is attributable to or results from:
- your contributions;
- your use of the services;
- violations of these legal terms;
- any breaches of your representations and warranties stated in these legal terms;
- your infringement of a third party’s rights, including but not limited to intellectual property rights; or
- any overtly harmful actions towards another user of the services that you connected with through the services.
However, we reserve the right, at your expense, to take over the exclusive defense and management of any issue for which you are required to indemnify us, and you agree to assist, at your own cost, with our defense against such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding to which this indemnification applies as soon as we become aware of it.
23. USER DATA
We will retain certain information that you send to the services for the purpose of managing the service’s performance, along with data related to your use of the services. While we routinely back up data, you take full responsibility for all information that you transmit or that relates to any actions you have taken using the services. You acknowledge that we will not be liable to you for any loss or corruption of such data, and you hereby waive any right to take action against us arising from any data loss or corruption.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Interacting with the services, sending us emails, and completing online forms are considered electronic communications. You agree to receive electronic communications and acknowledge that all agreements, notifications, disclosures, and other correspondence we send to you electronically, whether by email or through the services, meet any legal requirements that such communications be in written form. You consent to the use of electronic signatures, contracts, orders, and other documents, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the services. You waive any rights or requirements under any laws, statutes, regulations, rules, or ordinances in any jurisdiction that necessitate a physical signature or the delivery or retention of non-electronic records, or that require payments or the issuance of credits through any method other than electronically.
25. SMS TEXT MESSAGING
Opting out
If you choose to stop receiving sms messages from us, simply reply to the text with “stop.” You may get a confirmation sms indicating your decision to opt out.
Message and data rates
Be aware that message and data charges may apply for any sms messages you send or receive. These fees are determined by your carrier based on your mobile plan details.
Support
For any inquiries or assistance regarding our sms communications, please contact us via email at [email protected].
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us remains unresolved to your satisfaction, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These legal terms, along with any policies or operational standards we post on the services or related to the services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these legal terms does not waive that right or provision. These legal terms are enforceable to the fullest extent permitted by law. We may assign any or all of our rights and responsibilities to others at any time. We will not be liable for any loss, damage, delay, or failure to act due to circumstances beyond our reasonable control. If any section or part of a section of these legal terms is found to be illegal, void, or unenforceable, that section or part will be deemed separable from these legal terms, and will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these legal terms or your use of the services. You agree that these legal terms will not be construed against us solely because we drafted them. You hereby waive any defenses based on the electronic nature of these legal terms and the absence of signatures from both parties to execute them.
28. INDEMNIFICATION
By using the platform, system, or application, you agree to indemnify, defend, and hold harmless jobcamp, its affiliated entities, as well as their predecessors, successors, and assigns, including their respective directors, officers, employees, agents, representatives, partners, and contractors from any claims, losses, expenses, damages, and costs (including, but not limited to, reasonable attorney fees) that arise from or relate to your actual or alleged violation of these terms, any content you submit through the website, your use or misuse of the website, or your breach of any law, rule, or regulation.