TERMS AND CONDITIONS OF JOBULATOR SUBSCRIPTION
NOTICE TO SUBSCRIBER: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY INSTALLING OR USING ALL OR ANY PORTION OF JOBULATOR, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING, IN PARTICULAR, THE TERMS OF USE CONTAINED IN SECTION 5, THE WARRANTY DISCLAIMERS IN SECTION 6 AND THE LIABILITY LIMITATIONS IN SECTION 7. YOU AGREE THAT THESE TERMS AND CONDITIONS ARE LIKE ANY WRITTEN CONTRACT NEGOTIATED AND SIGNED BY YOU AND THAT THESE TERMS AND CONDITIONS ARE ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT INSTALLED OR USED JOBULATOR. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE JOBULATOR.
1. Subscription. You are receiving a non-exclusive, non-transferable, non-assignable, terminable subscription to use Jobulator, an exclusive service of Frontline Placement Technologies, Inc. (Frontline”), as a personal job notification tool. In consideration for the receipt of the Jobulator subscription, you agree to be bound by these terms and conditions.
2. Free Trial. Your free trial of Jobulator begins immediately upon signing up for the free trial and continues through the following thirty (30) days (“Free Trial”), unless sooner terminated by you or by Frontline.
3. Paid Subscription. If you purchase a paid subscription to Jobulator, you may make your payment at anytime during the Free Trial and it shall be made electronically with a valid credit card in the manner approved by Frontline. The term of your paid subscription begins on the day your Free Trial expires, provided that your payment is received and accepted by Frontline as of that date, and shall continue for three hundred sixty-five (365) days from that date unless sooner terminated by you or Frontline. Your subscription fee is non-refundable in all events, regardless of termination of the Jobulator service by you or by Frontline for any reason. Frontline will provide subscription renewal notification thirty (30) days before the end of each subscription term. Renewal payment must be made by you within the thirty (30) day period in order to prevent account termination. Frontline reserves the right to change the subscription fee for any renewal subscription. Frontline shall not be responsible for any damages or liability if you did not receive renewal notification for any reason.
4. Jobulator Assistance. Frontline will make commercially reasonable efforts to provide you with assistance by e-mail in the initial installation and set-up of Jobulator; and e-mail support regarding the use of Jobulator during the term of your subscription, during normal EST business hours Monday through Friday.
5. Terms of Use. You may use Jobulator only as a personal job notification tool and not for any other purpose. You shall not re-engineer Jobulator in any way. You shall not use Jobulator in any manner or for any purpose that is either unlawful or prohibited by these terms and conditions. Except for the use of Jobulator as a personal job notification tool in accordance with these terms and conditions, you shall not copy, modify, display, license, distribute, transmit, re-post, or download Jobulator. You shall not modify, adapt or translate Jobulator. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Jobulator. You shall not use any "deep-link," "page-scrape," "robot," "spider" or similar automatic device, program, algorithm or methodology to access, acquire or copy Jobulator. You shall not assign, transfer, pledge or otherwise encumber or dispose of any of your rights or obligations regarding your Jobulator subscription. Your Jobulator subscription is personal to you and does not extend to any other individual or entity. You shall notify Frontline of any change in your personal information, including, but not limited to, your e-mail address, mailing address, and contact information.
6. Disclaimer of Warranty. FRONTLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Upon the termination of your Jobulator subscription for any reason, the provisions of this section shall survive termination and continue in full force and effect.
7. Limitation of Liability. IN NO EVENT WILL FRONTLINE, OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, OFFICERS AND DIRECTORS, BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY LOST EMPLOYMENT OPPORTUNITIES, ANY DAMAGES RESULTING FROM ANY FAILURE TO MEET A DUTY OF CARE, OR CLAIMS BY A THIRD PARTY. WITHOUT LIMITATION TO THE FOREGOING, THE AGGREGATE LIABILITY OF FRONTLINE, OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, OFFICERS AND DIRECTORS, IN CONNECTION WITH JOBULATOR WILL BE LIMITED TO THE AMOUNT YOU PAID FOR A ONE-YEAR SUBSCRIPTION TO JOBULATOR. Upon the termination of your Jobulator subscription for any reason, the provisions of this section shall survive termination and continue in full force and effect.
8. Termination. You shall have the right to terminate the Jobulator subscription at any time for any reason and no reason. Frontline shall be permitted to terminate the Jobulator subscription if it determines, in its sole and unfettered discretion that you breached the terms of use or any other provision of this Agreement. In the event of termination, Frontline shall be entitled to retain all monies received from you for the Jobulator subscription.
9. Public Disclosure and Marketing. You grant Frontline the right to publicly disclose for advertising and other promotional purposes the fact that you are using Jobulator; and to market other products, services and employment opportunities directly to you; provided, however, Frontline shall not sell your information to any third party for their marketing or advertising purposes.
10. Copyright and Trademarks. You acknowledge that all right, title, trademarks and copyrights in and pertaining to Jobulator and related materials and aggregate data are the intellectual property of and are owned by Frontline; and that the structure, organization and code of Jobulator are the valuable trade secrets and confidential information of Frontline and/or its affiliated companies and protected by law, including but not limited to the copyright and trademark laws of the United States. Except as expressly stated herein, this subscription does not grant you any intellectual property rights in Jobulator and all rights not expressly granted are reserved by Frontline and/or its affiliated companies.
11. Governing Law, Venue and Equitable Remedies. Your subscription shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania other than the provisions thereof relating to the conflict of laws. Any dispute between yourself and Frontline, may, at Frontline’s option, be resolved in the Court of Common Pleas of Berks County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania. You agree that money damages would not be a sufficient remedy for any breach of these terms and conditions, and that, in addition to all other remedies, Frontline shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach.