Terms and Conditions
The following terms and conditions govern your use of the JibberJobber.com
website ("JibberJobber"). By using the JibberJobber service, you accept these
Terms and Conditions without limitation.
1. LICENSE; RESTRICTIONS ON USE; OWNERSHIP
- 1.1 You are granted a nonexclusive, nontransferable, limited license
to access and use for personal job search and relationship management
purposes JibberJobber, which from time to time is made available to
- 1.2 All rights, title, and interest (including all copyrights and other
intellectual property rights) in JibberJobber (in both print and
machine-readable forms) belong to the provider of JibberJobber or its
third party suppliers. You acquire no proprietary interest in JibberJobber
or copies thereof.
- 1.3 Except as specifically provided herein, you may not use
JibberJobber in any fashion that infringes the copyrights or proprietary
2. ACCEPTABILITY OF DATA
- 2.1 You represent and warrant to the provider that the text or other
materials submitted by you to the provider does not, and will not,
(a) Infringe any third party's copyright, trademark, or other proprietary
rights or right of privacy; (b) Violate any applicable law, statute,
ordinance or regulation; (c) Be defamatory or libelous; (d) Be lewd,
pornographic or obscene; (e) Violate any laws, including any laws
regarding unfair competition, discrimination, or false advertising;
(f) Promote violence or contain hate speech; or (g) Contain viruses,
Trojan horses, worms, time bombs, cancelbots, or other similar harmful
or deteriorative programming routines.
- 2.2 You agree that you will hold harmless and indemnify the provider
and its affiliates from and against violation of your representations
hereunder, including any infringement of the copyrights or other
intellectual property or other rights of any person or entity, or other
unlawful activity arising out of the translation or transmission by the
provider of any text or other materials provided by you to the
- 2.3 Without limiting the foregoing, provider specifically reserves the
right to decline to provide services or materials with respect to any text
or other materials for any reason whatsoever.
3. ACCESS TO SERVICES
- 3.1 Only individuals authorized by you may access and use
JibberJobber within the confines of the user pricing structure.
- 3.2 Features may be added to or withdrawn from JibberJobber and
JibberJobber otherwise changed without notice.
4. LIMITED WARRANTY
- 4.1 The provider of JibberJobber represents and warrants that it has
the right and authority to make JibberJobber available pursuant to these
Terms and Conditions.
- 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1,
JIBBERJOBBER AND MATERIALS ARE PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS AND THE PROVIDER OF JIBBERJOBBER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
5. LIMITATION OF LIABILITY
- 5.1 A Covered Party (as defined below) shall not be liable for any
loss, injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from JibberJobber or any data
available or not included therein, (b) the unavailability or interruption
of JibberJobber or any features thereof, (c) your use of JibberJobber or
data (regardless of whether you received any assistance from a
Covered Party in using JibberJobber), (d) your use of any equipment in
connection with JibberJobber, (e) the content of data, or (f) any delay
or failure in performance beyond the reasonable control of a
- 5.2 "Covered Party" means (a) the provider of the Application
(including, but not limited to DEAlba, Inc d/b/a JibberJobber.com), its
affiliates, and any officer, director, employee, subcontractor, agent,
successor, or assign of the provider of JibberJobber or its affiliates;
and (b) each third party contractor of the provider, their affiliates, and
any officer, director, employee, subcontractor, agent, successor, or
assign of any third party contractor or supplier of materials or any of
- 5.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN
CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR
RELATING TO JIBBERJOBBER OR MATERIALS SHALL NOT EXCEED THE
AMOUNT YOU HAVE PAID FOR THE SERVICE. YOUR RIGHT TO
MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED
- 5.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR
ARISING IN CONNECTION WITH JIBBERJOBBER, MATERIALS, OR THE
FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS,
REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
- 6.1 These Terms and Conditions may be changed from time to time
as described below or by written agreement.
- 6.2 Charges and payment terms may be changed with ten (10) days
notice for new services to be performed after the change; all other
provisions may be changed by the provider of JibberJobber immediately
upon notice. Your subscription for access to JibberJobber may be
terminated immediately upon notice to the provider of JibberJobber if
any change is unacceptable. Continued use of JibberJobber following
any change constitutes acceptance of the change.
- 6.3 Except as otherwise provided herein, all notices and other
communications hereunder shall be in the English language, in writing or
displayed electronically in JibberJobber by the provider thereof.
Notices shall be deemed to have been properly given on the date
deposited in the U.S. mails, if mailed; on the date first made available,
if displayed in JibberJobber; or on the date received, if delivered in any
- 6.4 The failure of the provider of JibberJobber or any third party
supplier of materials to enforce any provision hereof shall not
constitute or be construed as a waiver of such provision or of the right
to enforce it at a later time.
- 6.5 You may not assign your rights or delegate your duties under
the subscription to access JibberJobber without the prior written
consent of the provider of JibberJobber.
- 6.6 These Terms and Conditions shall be governed by and
construed in accordance with the laws of the State of Utah.
Although you acknowledge that the provider will have the ability to
enforce its rights in any court of competent jurisdiction, you hereby
consent to the exclusive jurisdiction and venue of courts in Salt Lake
County, Utah, U.S.A. regarding any and all disputes or claims relating
to these Terms and Conditions, your use of JibberJobber or Materials,
or any matter relating to our relationship.
- 6.7 Each third party contractor or third party supplier of materials
has the right to assert and enforce these provisions directly on its own
behalf as a third party beneficiary.