Through the Site or Third Party sites, you have access to a variety of resources and content, including:
- software and software applications including downloadable apps
- Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets (“Materials”); and
- forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) (“Community Services”).
Software, Materials, Community Services, and other information, content, and services are collectively referred to as “Content.”
1. Specific Content and Areas of the Site
2. Plans and Fees
JobFLEX may make its Products available through free trial plans (“Trial Plans”) and paid plans (“Paid Plans”). Limitations on the number of customer estimates, users or other features will depend on the plan you select. Reference the http://job-flex.com web-site for descriptions on plans and pricing. Order Terms may be presented by JobFLEX (e.g., through our website), by a third party application store (“App Store”), through our payment processing vendors or through the Product.
If you elect to purchase a “Paid Plan” you are required to pay all fees including taxes directly to JobFLEX. If you utilize an “App Store” or authorized third party to purchase a plan you may be invoiced by the “App Store” or third party. All fees are non-refundable. If you elect to use any of our affiliate or partner programs for lead processing, payment processing or other such services you will be bound by the terms of service for those vendors.
3. Beta Testing Programs
JobFLEX may elect to have private or public beta testing release programs available to forums, customers, or other third parties in an effort to test new features or product enhancements. All such users of beta software and applications acknowledge the beta version may not be complete or fully functional and may contain bugs, errors, omissions and other problems. JobFLEX reserves all rights to determine the beta program length of test time, results of testing, beta users, and termination of all such beta testing programs.
4. Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following:
- the Software may be used solely for your personal, informational, noncommercial purposes;
- the Software may not be modified or altered in any way;
- the Software may not be redistributed; and
5. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that JobFLEX publishes or broadcasts on the Site or makes available for download through the Site subject to the following:
- the Materials may be used solely for your personal, informational, noncommercial purposes;
- the Materials may not be modified or altered in any way; and
- the Materials may not be redistributed.
6. Use of Community Services
Community Services are provided as a convenience to users and JobFLEX is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding JobFLEX products and services, including information from JobFLEX employees, they are not an official customer support channel for JobFLEX. You may use Community Services subject to the following:
- Community Services may be used solely for your personal, informational, noncommercial purposes;
- Content provided on or through Community Services may not be redistributed; and
- personal data about other users may not be stored or collected except where expressly authorized by JobFLEX.
7. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of JobFLEX or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and JobFLEX reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
8. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to JobFLEX all of the licenses and rights set forth herein. By Sharing Content, you grant JobFLEX a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any JobFLEX product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by JobFLEX without compensation to you.
You hereby expressly warrant that:
- you have the right and authority to grant this license;
- JobFLEX’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and
- all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will not Share any Content that:
- is binary executable code;
- is false or misleading;
- is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack;
- invades another’s privacy or includes another’s confidential, sensitive or personal information;
- promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste;
- violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; • you do not have the right and authority to Share and grant the necessary rights and licenses for;
- violates or promotes the violation of any applicable laws or regulations;
- contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or
- contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
9. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the products including the software, application or web-site in any manner that could damage, disable, overburden, or impair any JobFLEX accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the JobFLEX products or any JobFLEX accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the products or any JobFLEX accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the site, software or applications or any JobFLEX accounts, computer systems or networks without JobFLEX’s express written permission. Access to and use of password protected or secure areas of the web-site or application is restricted to authorized users only. You agree not to share your password(s), account information, or access to any JobFLEX products. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to JobFLEX products. You agree to notify JobFLEX immediately of any unauthorized use of your password(s) or account(s).
10. No Unlawful or Prohibited Use
JobFLEX has no obligation to monitor products or screen Content that is shared on or through the website, communities, or other third parties. However, JobFLEX reserves the right to review its products and to monitor all use of and activity, and to remove or choose not to make available on or through these resources any Content at its sole discretion.
13. Termination of Use
JobFLEX may, in its sole discretion, at any time discontinue providing or limit access to its products including software, applications, any areas of the site or content provided on or through the Site or any third party sites. You agree that JobFLEX may, in its sole discretion, at any time, terminate or limit your access to or use of JobFLEX products. JobFLEX will terminate or limit your access to or use if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that JobFLEX shall not be liable to you or any third-party for any termination or limitation of your access to or use of its products.
14. Third Party Web Sites, Content, Products and Services
The Site may provide links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors. JobFLEX is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Websites and third party Content, products and services.
15. Open Source Software
16. Disclaimer of Warranty
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, JOBFLEX PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOBFLEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE.
JOBFLEX MAKES NO WARRANTY THAT:
- THE PRODUCT WILL MEET YOUR REQUIREMENTS;
- THE PRODUCT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JOBFLEX PRODUCTS OR ANY CONTENT PROVIDED ON WILL BE ACCURATE OR RELIABLE; OR
- THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE OR OTHER THIRD PARTIES WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE OR ANY THIRD PARTIES IS USED AT YOUR OWN DISCRETION AND RISK.
JOBFLEX SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. JOBFLEX WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE SITE, ANY THIRD PARTY LINKS POSTED ON THE SITE, OR ANY CONTENT TRANSMITTED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, COPYRIGHTED MATERIAL SUCH AS ARTWORK, AND CONTENT THAT MAY BE DEEMED DEFAMATORY. JobFLEX IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR ADVERTISER OF THE SITE. JOBFLEX RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THEIR PRODUCTS, SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE OR THIRD PARTIES AT ANY TIME WITHOUT NOTICE.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOBFLEX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, JOBFLEX PRODUCTS, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
18. Exclusions and Limitations
21. Export Restrictions/Legal Compliance
You may not access, download, use or export JobFLEX products, the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of JobFLEX in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of JobFLEX outside the U.S. Neither the services of JobFLEX nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly,
- into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or
- to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders.
22. Applicable Laws
23. Copyright and Trademark Rights
Copyright © 2013 Building Science Academy, LLC and its affiliates. All rights reserved. Building Science Academy™, JobFLEX™, JobFLEX™, all other trademarks appearing on JobFLEX products and the Site are common law trademarks of or are otherwise licensed by JobFLEX and its affiliates.
24. Contact Information