TERMS OF SERVICE

Last Revised on 10/29/10

PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF JOBITORIAL CONSTITUTES YOUR ACCEPTANCE OF THE TERMS. DO NOT USE THIS SITE IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS.

These terms apply to your use of the www.jobitorial.com (the "Site"). By accessing or using the Site in any way, you agree to these terms and to abide by all other guidelines, policies and other instructions posted on the Site (collectively, the "Terms ") and you acknowledge that you have read or understand our Privacy Statement.

Eligibility

You must be at least 18 years old to use this Site. If you are a company or employer representative, you must be authorized to bind the company or employer to these Terms.

Your Content

Content that you contribute to the Site or that you cause to be displayed on the Site ("Content") is solely your responsibility. Content that other users contribute is solely their responsibility. Information that Jobitorial creates and makes available on the Site ("Jobitorial Information") may includ information that is made available by parties other than Jobitorial or users of the Site, such as data providers.

User Accounts

To use certain features, you may be required to create an account. You are responsible for all activities under your account. You may not impersonate someone else or use an email address other than your own to create an account. You may not create multiple accounts.

Changes to the Terms

We may change these Terms from time to time. Such changes will be binding and effective upon posting. Your use of the Site after such changes are posted shall be your acceptance of those changes.

Termination

We may suspend, terminate or bar your use of the Site at any time for any or no reason at our discretion, without notice or liability of any kind. You may discontinue all use of the Site at any time. To close your account, just send an email to info@jobitorial.com requesting to close your account. Even if you close your account, we may retain or continue to display your Content at our discretion. The provisions of these Terms which by their nature would apply after the termination of this Agreement shall survive termination.

Use of the Site

You are granted permission to use the Site subject to these Terms.

Prohibited Content.

You agree, represent and warrant that you will not submit, transmit or cause to be displayed any Prohibited Content. "Prohibited Content" includes Content that:

• Is false, misleading, deceitful, fraudulent, defamatory or libelous;
• Is abusive, harassing, threatening, attacking, inflammatory or that bullies, advocates stalking, or otherwise harms another person or entity;
• Promotes, endorses or furthers illegal activities;
• Incites racism, bigotry, hatred, violence or physical harm of any kind against anyone;
• Is pornographic, indecent, lewd, obscene, prurient, suggestive or sexually explicit in nature, excessively profane, or otherwise similarly objectionable;
• Is invasive of anyone's privacy or publicity rights;
• Infringes any patent, trademark, copyright, moral rights, contractual rights, trade secret rights, intellectual property rights or other similar rights of any person or entity;
• Violates any confidentiality, non-disclosure or other contractual restrictions of any third party, including any current, former employers or prospective employers;
• Impersonates any person or entity or otherwise misrepresents or falsely implies any affiliation with any person or entity, including Jobitorial;
• Is substantially off-topic or unrelated, irrelevant or immaterial to the Site;
• Involves or constitutes "spamming", including the submission or transmission of the same or similar information multiple times or across multiple postings, unsolicited calls to action, promotions, political campaigning, advertising, contests, raffles, solicitations or other similar commercial activities;
• Contains viruses, Trojan horses, worms or similar harmful codes or applications;
• Represents personally identifiable information of anyone such as email addresses, phone numbers, home or work addresses, Social Security numbers, credit card numbers or similarly identifiable information;
• Would constitute, encourage or provide instructions for a criminal offense, would violate the rights of anyone, or that would otherwise create liability or violate any local, state, national or international law;
• Includes links to content that, in the sole judgment of Jobitorial (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Site, or may expose Jobitorial or its affiliates or its users to any harm or liability.
• Otherwise violates these Terms or potentially creates liability for Jobitorial.

Representations Regarding Your Content

You represent and warrant that: (i) you own the Content you contribute or otherwise have the right to grant the license set forth herein, (ii) your Content is not Prohibited Content and does not violate these Terms, (iii) by contributing your Content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current, former or any prospective employer, (iv) any Content you provide is true, correct and accurate to the best of your knowledge and reasonable belief, and (v) any information you provide about your current, past or potential status as an employee of a certain employer is true, correct and complete. Please note that any Content you provide may be accessible by every user or visitor to the Site.

Responsibility for Your Content

You are solely responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You shall not imply that your Content is in any way sponsored or endorsed by Jobitorial.

Permission to Use Your Content

You irrevocably grant us the right and permission to use your Content for any purpose. You grant others permission to access and use your Content on the Site. You irrevocably waive all claims and assertions of moral rights or attribution with respect to your Content. We may use your Content in any number of ways at our discretion, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same.

Our Discretion to Use Your Content

We may suspend, remove or reinstate Content from time to time at our sole discretion. We have no obligation to use, display, retain, suspend, remove, reinstate or provide you with copies of your Content. Jobitorial and its licensees may display advertisements and other information adjacent to or included with your Content on the Site and other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Lawful Use

You will use the Site and all Content in a manner consistent with any and all applicable law and solely for lawful purposes. The Site and all Content are exclusively for personal, non commercial use only.

No Disruption

You will not (i) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, (ii) introduce software or automated agents to the Site, or otherwise access the Site so as to produce multiple accounts or postings, generate automated messages, or to, harvest, scrape, strip or mine data from the Site for any purposes, personal or commercial, without the advanced written consent of Jobitorial; or (iii) interfere with, disrupt, or modify any data or functionality of the Site.

No Impersonation

You shall not falsify your identity or attempt to impersonate any other user, person or entity.

Limitations on Use

Without the prior written consent or authorization of Jobitorial, you may not access or use, or assist or enable any others to access or use, the Site or any Content as follows:

• For commercial or promotional purposes;
• With any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, monitor, scrape, harvest, copy or index the Site or any Site Content, Record, process, or mine information about other users or posters, particularly in any effort to identify same without their consent;
• To violate, bypass or circumvent any security or other measures employed to prevent, limit, regulate or control access to or use of the Site;
• To "frame", "mirror", "deep-link" or otherwise incorporate any part of this Site into any other website.
• To reverse engineer any portion of the Site, except as may be permitted under the law;
• To access, monitor, retrieve, copy or index the Site for purposes of compiling, constructing, populating or verifying data or a database or to maintaining a service of bureau of any kind;
• To copy, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or any Content (other than Content you personally contribute).

Prohibitions on Use

You shall not use, or assist or enable any others to use, the Site as follows:

• To defame, threaten, stalk, defraud, incite, harass, or advocate the harassment of anyone;
• To promote or incite violence, bigotry, hatred or discrimination against anyone;
• To violate anyone's rights;
• To transmit pornography or illegal content or traffic illegal goods or services;
• To solicit information from minors or to harm or threaten to cause harm to minors in any way;
• To submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging of any kind;
• For keyword spamming or to otherwise attempt to manipulate natural search results;
• In a manner that may create a conflict of interest, such as gaming or trading reviews or writing or soliciting shill reviews;
• To transmit any computer viruses, worms, defects, Trojan horses or anything of a similar harmful or destructive nature;
• In violation of any of these Terms or any applicable law;

Copyright Dispute Policy

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest; (ii) an identification of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written 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; (vi) 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. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

Arlington Development, LLC
Attn: Copyright Agent
Email: info@jobitorial.com

Site Availability

We reserve the right to modify, update, or discontinue the Site at our sole discretion.

Unauthorized Access

We reserve the right, without obligation, to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including technological barriers.

Investigations

We reserve the right, without obligation, to investigate possible violations of these Terms and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties in accordance with our Privacy Statement posted at www.jobitorial.com/privacy.php

Dissatisfaction

If you are dissatisfied, please provide feedback to info@jobitorial.com.Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) any Content (ii) these Terms, (iii) our policies or practices in operating the Site, or (iv) any other information transmitted through the Site, is to stop using the Site. By sending us feedback, you agree, represent and warrant that (a) such feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to such feedback, (c) we may have something similar to such feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback; and (e) we may reasonably contact you about your feedback.

Ownership

We own Jobitorial, including all Jobitorial Information and all other elements and components of the Site, excluding your Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Jobitorial Information and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Jobitorial Information or the Site, in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Jobitorial Information are retained by us. You shall not remove or modify any copyright, trademark, trade dress, or other proprietary rights notice on the Site or on any materials printed or copied off of the Site.

Warranties, Disclaimers, and Limitations of Liability

We are not responsible for any incorrect or inaccurate Content. We are not responsible for the conduct, whether online or offline, of any user of the Site. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or from any Content posted on the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.

We make no warranty that (i) the Site or Content will meet your requirements; (ii) the Site will be available on an uninterrupted, timely, secure, or error-free basis; or (iii) the results that may be obtained from the use of the Site or Content will be accurate or reliable.

THE SITE AND ALL CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE". WE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION AND FUNCTIONALITY OF THE SITE, OR THE ACCURACY, INTEGRITY, COMPLETENESS, CORRECTNESS, TRUTHFULNESS, QUALITY, LEGALITY, USEFULNESS, FITNESS, SAFETY, AND IP RIGHTS OR SOURCE OF ANY OF THE CONTENT, INCLUDING THE ACCURACY OF REVIEWS AND COMMENTS DISPLAYED ON THE SITE.

WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NO ADVICE, INFORMATION OR INFERENCE, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN OR MAY TAKE FROM THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation on Liability

YOUR USE OF THE SITE AND YOUR CONTRIBUTION OR USE OF ANY CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE. JOBITORIAL FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. JOBITORIAL ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS, DEALINGS OR RELATIONSHIP WITH ANY PERSON OR ENTITY RELATED TO OR REPRESENTED ON THE SITE. JOBITORIAL DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION OF ANY THIRD PARTY, OR LOSS OR DESTRUCTION OF INFORMATION OR DATA ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of the Site or Content (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of one hundred U.S. Dollars ($100) or the amounts you paid to us in the twelve (12) months prior to the accrual of the claim. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

Indemnity

You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable costs, liabilities, legal and attorney's fees, made by any third party due to or arising out of your use of the Site or your contribution or use of Site Content, your breach of any provision of these Terms, or your violation of any law or the rights of a third party.

Third Parties

The Site may include links to other websites. We do not control or endorse any linked sites and are not responsible for their availability or content.

Miscellaneous

• This Site is operated by a U.S. entity and is governed by the laws of the State of California, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You hereby consent to the exclusive jurisdiction and venue and agree that all claims from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in or for Marin County, California, USA. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
• You agree that no joint venture, agency, partnership, or employment relationship exists between you and Jobitorial as a result of these Terms or use of the Site.
• Our performance is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
• If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
• Except with respect to indemnity, nothing herein is intended, nor shall be deemed, to confer any rights or remedies upon any third party.
• These Terms constitute the entire agreement between you and Jobitorial regarding the use of the Site and Content, and supersede any prior agreements regarding the same. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
• Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
• You may not assign, transfer or sublicense this agreement without Jobitorial's prior written consent and any such attempt will be void, but Jobitorial may assign or transfer without restriction.
• Headings in these Terms are for convenience only and have no legal or contractual effect.
• As used in the Agreement, the word "including" means "including but not limited to".

Contact and Violations

Please contact us with any questions regarding these Terms and report any violations to info@jobitorial.com.

Marks

Copyright © 2010, Jobitorial. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.