JOBDOCS, LLC

TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”), along with the Privacy Policy Statement and other terms and policies you may find on our application or website, governs your access and/or use of the applications, websites, content, products, and services (the "Services”) made available by JobDocs, LLC (“JobDocs” or “we”). PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND JOBDOCS. By accessing or using the Services, you confirm your agreement to be bound by this Agreement. If you do not agree to the terms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes prior agreements or arrangements with you. As explained below, JobDocs may modify, amend, revoke, or terminate this Agreement or any Services, in whole or in part from time-to-time, with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

1.Privacy.

 

Please review our Privacy Policy Statement for our policy with respect to collecting and using personally identifiable information and our opt-out procedures. 

 

2.         The Services .

 

The Services comprise mobile applications and related services, which enable users to upload, monitor, and track renewal deadlines, maintain notification alerts, and otherwise manage the user’s professional license certifications and credentials. The Services may also allow users to interface with employers, governmental agencies, regulatory bodies, and credentialing organizations, and to purchase certain goods, including with third party providers of such services and goods under agreement with JobDocs ("Third Party Providers"). Unless otherwise agreed by JobDocs in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

 

            a.         User Accounts.

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit certain personal information, which at this time is limited to your zip code and licensing/credentialing information, but which may in the future include further information such as your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account, including but not limited to accurate information concerning your licensing and credentialing. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by JobDocs in writing, you may only possess one Account.

 

            b.         User Requirements and Conduct.

 

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account except as may be permitted and supported by the application (e.g., your employer, governmental agencies, regulatory bodies, credentialing organizations, etc.). You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 

            c.         Restrictions.

 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JobDocs; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

            d.         Text Messaging and Telephone Calls.

 

Should you provide your telephone number to JobDocs, you agree that we may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of using the Services. You also understand that you may opt out of receiving text messages from JobDocs at any time, by contacting us at support@jobdocs.net . If you do not choose to opt out, JobDocs may contact you as outlined in its Privacy Policy Statement.

 

            e.         User Provided Content.

 

JobDocs may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to JobDocs (or third parties) through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Except as otherwise provided, any User Content provided by you remains your property. However, by providing User Content to us, you grant JobDocs a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant JobDocs the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Uber's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. JobDocs may, but shall not be obligated to, review, monitor, or remove User Content, at its sole discretion and at any time and for any reason, without notice to you.

 

            f.          Network Access and Devices.

 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. JobDocs does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

3. Proprietary Information and Limited License .

 

All content on the application, website, and other Services, including but not limited to code, trademarks, service marks, trade names, graphics, images, text, audio, button icons, computer software, and any other intellectual property (as well as any enhancements and/or derivatives) are the sole property of JobDocs or its partners and is protected by U.S. and international law. Except as set forth herein, or as required by law, none of the content available on this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited for any purpose without our prior written authorization. The Services and all right, title, and interest therein is and shall remain our property and the property of our licensors. Neither this Agreement nor your use of the Services shall convey or grant to you any rights except as expressly provided herein.

 

Users are granted a limited, revocable, non-sublicensable, non-transferable, and non-exclusive license to : (i) access and use the Services on your mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by JobDocs and its licensors. Any other use of the content of the Services, including but not limited to the reproduction, modification, or distribution, is strictly prohibited. JobDocs does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, or any content on this website without the prior written consent of JobDocs. Registered and unregistered proprietary information is owned and held by JobDocs and its licensors, and therefore, you may be liable for any misuse of this website. Except as authorized in writing, any use or misuse of the mentioned content and intellectual property is strictly prohibited, and automatically terminates the limited licenses set forth in this Agreement.

 

4.Disclaimer of Representations and Warranties.

 

All products, services, and information made available on or through this website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied . Subject to the foregoing, to the fullest extent allowed by law, JobDocs disclaims all implied warranties including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties other than those explicitly made in this Agreement, including but not limited to non-infringement .

 

Although we try to be as accurate as possible with respect to the statements on our application, website, and other Services, JobDocs makes no representation that the information is valid, reliable, or accurate, or that it does not violate or infringe the rights of any third party. This disclaimer does not affect the terms of any manufacturer’s or third party seller’s warranty, if any, related to any good purchased through the Services. 

 

Additionally, JobDocs makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or good requested through the use of the Services, or that the Services will be uninterrupted or error-free. JobDocs does not guarantee the quality, suitability, safety, or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted by law.

 

We do not warrant that any information provided you or a third party is accurate. Therefore, you should take care to ensure that all information you provide, including but not limited to licensing and credentialing information, is accurate. UNDER NO CIRCUMSTANCE SHALL JOBDOCS HAVE ANY LIABILITY WITH RESPECT TO ANY ADMINISTRATIVE ACTION, LICENSING DISCIPLINE, MONETARY DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATED TO ANY INFORMATION PROVIDED BY YOU IN CONNECTION WITH THE SERVICE. THE SERVICES ARE INTENDED TO ASSIST YOU IN THE MANAGEMENT OF YOUR PROFESSIONAL LICENSES AND CREDENTIALS, BUT ALL LIABILITY RELATED TO YOUR LICENSURE RESTS WITH YOU AS THE LICENSE HOLDER. UNDER NO CIRCUMSTANCE SHALL JOBDOCS HAVE ANY LIABILITY TO YOU FOR YOUR FAILURE TO TIMELY RENEW OR MAINTAIN ANY LICENSES OR CREDENTIALS THAT YOU MAY TRACK THROUGH USE OF THE SERVICES.

 

5.Limitation of Liability.

 

You agree that, except as otherwise provided under applicable laws, neither JobDocs nor its affiliates, directors, officers, employees, agents, contractors, successors, or assigns shall be liable for any INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES OR ANY OTHER SERVICES LINKED TO JOBDOCS’ SERVICES, REGARDLESS OF THE NEGLIGENCE OF JOBDOCS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

This waiver of liability applies to the foregoing categories of monetary damages as well as to any administrative actions, license discipline, or related acts, even if JobDocs is notified in advance. You further agree that JobDocs will not be responsible or liable under any circumstances for: (a) interruption of business; (b) access delays or interruptions to the Services; (c) data non-delivery, misdelivery, corruption, destruction, or other modification; (d) loss or damages incurred as a result of dealings with or the presence of off-website links; (e) computer viruses, system failures, or malfunctions that may occur in connection with your use of the Services; (f) any inaccuracies or omissions in content; or (g) any events beyond the reasonable control of JobDocs.

 

JOBDOCS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, REGARDLESS OF THE NEGLIGENCE OF JOBDOCS, EVEN IF JOBDOCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JOBDOCS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JOBDOCS’ REASONABLE CONTROL.

 

You agree that no claims or actions arising out of the use of this website or this Legal Statement may be brought more than one year after the cause of action relating to such claim or action arose.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JOBDOCS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON JOBDOCS’ CHOICE OF LAW PROVISION SET FORTH BELOW.

 

6.         Amendments.

 

We reserve the right to modify, amend, terminate, or revoke, this Agreement, in whole or in part and at any time, by sending an in-application notification and/or by publishing the revised Agreement on the mobile application, website, or elsewhere through the Services. Such change shall be deemed effective five (5) calendar days following the notification thereof (either by in-application notification or by publication), and your continued use of the Services thereafter shall be deemed an acceptance of the revised Agreement . As we may make changes at any time, we suggest that you periodically consult this Agreement. Please note that our rights to use your personally identifiable information will be based on the Privacy Policy Statement in effect at the time the information is used. You may reject any changes by providing JobDocs with written notice of such rejection within the five-day period following publication of the changes. This written notice of rejection must be provided by registered mail, return receipt requested, or hand delivery to our registered agent for service of process, c/o JobDocs, LLC (the name and current contact information for the registered agent is available from the Arizona Corporation Commmission). To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Agreement. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of the Agreement as of the date you first agreed to the Agreement (or to any subsequent changes to the Agreement that you did not timely and properly reject).

 

7.Termination of the Use of the Services.

 

You agree that any unauthorized use of the Services, application, website, content, materials, and intellectual property, or any fraudulent or otherwise illegal activity shall grounds for termination of your right to access, browse, and use the Services. JobDocs reserves the sole right to terminate your access to our Services and content at any time without notice. JobDocs reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to the Services.

 

8.Third Party Websites.

 

The Services may be made available or accessed in connection with third party services and content (including advertising) that JobDocs does not control. JobDocs encourages you to exercise discretion browsing the internet. JobDocs makes no representation or warranty about the legality of any third party website, nor does JobDocs make any representation or warranty as to the accuracy or legitimacy of any third party website. JobDocs has no control over or responsibility with respect to the information provided or activities undertaken on third party websites. A link between JobDocs and another application or website does not indicate an endorsement of such application or website. Linking to third party applications and websites is done at your own risk. Our Services may direct you to applications and/or websites containing information that some may find offensive or inappropriate. JobDocs expressly disclaims any responsibility or liability for any damages, loss, or injury arising out of the activities of any third party. You acknowledge that different terms and policies may apply to your use of such third party services. You should carefully review the terms and conditions and privacy policies of all third party links and other websites that you visit. Additionally, Apple, Inc., Google, Inc., Microsoft Corporation and/or BlackBerry Limited will be a third party beneficiary to this Agreement if you access the Services using applications developed for those platforms. These third party beneficiaries are not parties to this Agreement and are not responsible for the provisions or support of the Services in any manner. Your access to the Services using such platforms is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

9.Availability.

 

JobDocs ’ application, website, and Services (excluding links) are created, owned, and operated by JobDocs in the State of Arizona, USA. At this time, materials, products, and services on this website are delivered or made available in the United States, Canada, Mexico, and beyond. Access to the Services from locations where its use or content is illegal is prohibited. Users are responsible for their own compliance with local laws.

 

10.Jurisdiction.

 

You expressly agree that the laws of the State of Arizona will govern this Agreement and all other disclaimers, terms, and conditions contained on the application, website, and the Services. In the event of a dispute, you further agree that any legal action shall be governed by Arizona law, and venue shall be in an appropriate court in Maricopa County, Arizona.

 

11.Minors.

 

You may register with our website if you are over 13 years of age. JobDocs does not knowingly market to or solicit information from minors under the age of 13. Minors under the age of 13 are ineligible to use our services, and we do not want minors to submit any personal information to us. Minors under the age of 13 can use this website only under the supervision of a parent or guardian.

 

12.Submissions.

 

With respect to unsolicited suggestions, inquiries, or feedback, we treat such submissions as non-confidential. By making such submission, you grant us full ownership of the submission to copy, use, reproduce, publish, or distribute as we see fit. If you make a submission, you warrant that you own or otherwise control the rights to your submission. You further agree to indemnify, defend, and hold harmless JobDocs for all claims, losses, and liability arising from or in connection with any submission as set forth in the section entitled “Indemnification,” below.

 

When you transmit content or other information through the use of our Services, you are entirely responsible for such content. You agree not to transmit content that: (a) is unlawful, harmful, threatening, or otherwise objectionable; (b) you do not have a right to make available; or (c) infringes on any patent, trademark, copyright, or other proprietary rights of any party. You agree not to transmit any viruses, advertising, solicitation, or promotional material, including chain letters and spam.

 

You agree that we have the right (but not the obligation) to refuse to post or to remove any submitted content in our sole discretion. JobDocs also has the right to remove any content that violates this Agreement or other policies in place, as they may be amended, changed, created, or revoked, in whole or in part.

 

13.Indemnification.

 

You agree to indemnify, defend, and hold harmless JobDocs, its officers, directors, employees, owners, members, and agents from any and all claims, administrative actions, demands, losses, liabilities, damages, or costs, including attorneys’ fees incurred therein, arising out of or in connection with: (i) your use of the Services or services/goods obtained through your use of the Services; (ii) your breach or violation of any of the terms of this Agreement; (iii) any professional or other services rendered by you for which you have utilized the Services; and/or (iv) your violation of the rights of any third party, including but not limited to Third Party Providers. You also agree to indemnify JobDocs for any loss, damages, or costs, including attorneys’ fees incurred, resulting from your use of software robots, spiders, or similar data gathering tools. The rights provided under this Section shall be regardless of JobDocs’ negligence, except that you shall have no obligation to indemnify JobDocs for its willful misconduct or gross negligence. In the event of JobDocs’ right to seek indemnity under this section, JobDocs shall retain the right to choose its own counsel.

 

14.Consent to Electronic Notices.

 

You agree to receive any notices, disclosures, or other communications to which this Agreement refers electronically, including via email or by posting notices on our application or website, as well as by telephone, text message, or written communication to any email address, phone number, or physical address provided to us in connection with your Account. To withdraw your consent to receive notices electronically, you must notify us at support@jobdocs.net and immediately discontinue your use of the Services. In such event, all rights granted to you under this Agreement immediately terminate. This consent is separate from your opt-in election with respect to our marketing communications addressed in the Privacy Policy Statement.

 

You may give notice to JobDocs, with notice to JobDocs deemed given when received by JobDocs, at any time by registered mail, return receipt requested, to our registered agent for service of process, c/o JobDocs, LLC (the name and current contact information for the registered agent is available from the Arizona Corporation Commmission).

 

15.General.

 

This Agreement and the other policies contained on JobDocs’ application, website, and other Services represent the entire agreement between you and JobDocs. JobDocs reserves the right to change this Agreement and all other policies at any time as provided herein. Your continued use constitutes your agreement to all such changes unless rejected as provided herein. Likewise, we may terminate any of the rights granted by this Agreement at any time, and you shall comply immediately by ceasing all use of the Services.

 

Nothing contained herein shall be construed as creating any agency, partnership, or joint enterprise between you and JobDocs. Our failure to require performance of any provision shall not constitute a waiver of JobDocs’ ability to require performance in the future. In the event that any provision of this Agreement is deemed invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. You may not assign this Agreement without JobDocs’ prior written approval. JobDocs may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of JobDocs’ equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

 

16.Digital Millennium Copyright Act Notice.

 

If you believe copyrighted materials have been copied, please send an email or written notice to our Designated Agent with the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; (b) identification of the copyrighted works you claim has been infringed; (c) a description of the material you claim is infringing and its location on the website; (d) your address, telephone number, and email address; (e) a statement as to your good faith belief that the use of the material is not authorized; and (f) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized agent.

 

Our Designated Agent for notice of claims of copyright infringement is Matthew A. Klopp, Attorney 3003 N. Central Ave., Ste. 1000 Phoenix, AZ 85012 1-602-287-3360 mklopp@wongandcarter.com .  This contact information is provided exclusively for notifying JOBDOCS that copyrighted material may have been infringed. All other inquiries must be direct to OUR CUSTOMER SERVICE DEPARTMENT THROUGH at support@jobdocs.net OR BY TELEPHONE AT 1-602-287-3360 .

 

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