WEBSITE TERMS OF USE

 

LAST MODIFIED: JUNE 29, 2021

 

TERMS AND CONDITIONS OF USE

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term of Use agreement (“the “Agreement”) is entered into between You and JobCommander, LLC, a Florida limited liability company (the “Company” or “JobCommander”) and governs your access to and use of www.jobcommander.com (the “Site”), including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user. This Agreement may be modified at any time by the Company upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at jobcommander.com/privacy-policy.html. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at jobcommander.com/privacy-policy.htm.
3. Ownership. All content included on this site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This Site is intended for adults only who reside in the United States of America or any of its territories or possessions. This Site is not intended for any individuals under the age of 18 or any person who is not a resident of the United States of America or any of its territories or possessions.  By using the Site, you represent that you are of the legal age to form a binding contract with the Company and meet the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Site.

Use of Site by Job Seekers.  Employers using this Site to seek employees, independent contractors or any other person seeking employment have agreed to pay the Company a fee in the event they hire someone they find through this Site.  Your use of this Site constitutes your agreement to accept joint responsibility with the Employer if you accept employment at an employer you found through this Site and the Employer fails to pay the Company’s fees unless you confirm to the Company that you have become employed by an Employer you found on this site. You agree to be truthful in responding to the Company’s requests to verify whether you have been hired by an employer introduced to you by or through the Company, including through this Site or otherwise. Your use of this Site also constitutes your agreement that in the event that the Company is forced to pursue collection of its fees, you will also be jointly liable for legal and collection costs if you have become employed by such Employer unless you have already confirmed to the Company that you have become employed by such Employer.

Use of Site by Employers.  You agree to notify the Company within three (3) business day of hiring anyone introduced to you by or through the Company, including through this Site or otherwise.  Your use of this Site also constitutes your agreement that in the event that the Company is forced to pursue collection of its fees, you will also be liable for legal and collection costs

5. Trademarks. The Company name as well as the terms JobCommander, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
6. Site Use and Account Security. The Company grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of the Company and the Company may terminate your use of this Site at any time.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

 

You are responsible for both:

–          Making all arrangements necessary for you to have access to the Site.




–          Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.




 

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy jobcommander.com/privacy-policy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. the Company DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL the Company BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. the Company reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
12. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

 

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 




 

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.




 

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.




 

To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.




 

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names] associated with any of the foregoing).


 

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.




 

Additionally, you agree not to:

 

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.




 

Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.




 

Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.




 

Use any device, software, or routine that interferes with the proper working of the Site.




 

 

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.



 

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 



 

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.




 

Otherwise attempt to interfere with the proper working of the Site.




13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a)          An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)          A description of the copyrighted work that you claim has been infringed;

(c)          A description of where the material that you claim is infringing is located on the Site;

(d)          Your address, telephone number, and e-mail address;

(e)          A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)           A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:

By Mail: SRIP Law – Attn: Joel Rothman, 21301 Powerline Road, Suite 100, Boca Raton, FL 33433

By Phone: 561-404-4350

14. Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and the Company or its affiliates.
15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver. The failure of www.jobcommander.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by www.jobcommander.com must be in writing and signed by an authorized representative of the Company.
17. Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
18. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Geographic Restrictions.  The owner of the Site is based in the State of Florida in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
20. Indemnification.  You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
21. Arbitration.  At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
22. Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Non-Discrimination. It is the policy of the Company to provide equal opportunities to all users of our services without regard to unlawful considerations of race, color, religion or creed, national origin, ancestry, ethnicity, citizenship status, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy), gender, gender identity, gender expression, age, sexual orientation, age, military or veteran status, or any other characteristics protected by local, state or federal law.  The Company will not consider any such characteristics in determining what users of our site, wwwjobcommander.com (the “Site”), who are seeking employment are matched with which prospective employers. Furthermore, the Company will not tolerate discrimination on the basis of race, color, religion or creed, national origin, ancestry, ethnicity, citizenship status, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy), gender, gender identity, gender expression, age, sexual orientation, age, military or veteran status, or any other characteristics protected by local, state or federal law by any users of the Site .The Company expects all employers accessing or otherwise using the Site or any of our services to act in accordance with our non-discrimination policy, and to take all steps necessary to maintain a workplace free from unlawful discrimination, harassment, and retaliation. This policy is not intended to restrict communications or actions protected or required by state or federal law.

23. Entire Agreement. This Terms of Use constitutes the entire agreement between you and www.jobcommander.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.jobcommander.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. www.jobcommander.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
24. Contact Information.

JobCommander, LLC

2799 NW 2^nd Ave # H-116, Boca Raton, FL 33431

info@jobcmndr.com