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TERMS AND CONDITIONS OF JOBULATOR SUBSCRIPTION
1. Subscription. You are receiving a non-exclusive, non-transferable, non-assignable, terminable subscription to use the Jobulator Service, including Jobulator Desktop and Jobulator Mobile (collectively, "Jobulator"), an exclusive service of Frontline Technologies, Inc. (Frontline"), as a personal job notification & acceptance tool. In consideration for the receipt of the Jobulator subscription, you agree to be bound by these terms and conditions.
2. Account Set-Up. You agree to: (a) provide true, accurate, current, and complete information when registering to use the Application and establishing your account ("Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Frontline has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Frontline may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.
3. 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.
4. 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.
5. 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.
You should not use Jobulator Mobile while you are operating a motor vehicle. You are solely responsible for observing safe driving, biking and walking practices, and assume total responsibility of risk while utilizing the Jobulator service.
7. Disclaimer of Warranty. JOBULATOR IS PROVIDED ON AN "AS AVAILABLE," "AS IS" BASIS. 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.
WITH RESPECT TO JOBULATOR MOBILE, YOUR WIRELESS CARRIER, THE MANUFACTURER AND RETAILER OF YOUR MOBILE DEVICE, THE DEVELOPER OF THE OPERATING SYSTEM FOR YOUR MOBILE DEVICE, APPLE'S PUSH NOTIFICATION SERVICE AND THE OPERATOR OF ANY APPLICATION STORE OR SIMILAR SERVICE THROUGH WHICH YOU OBTAIN JOBULATOR (COLLECTIVELY, THE "THIRD PARTIES") ARE NOT PARTIES TO THIS AGREEMENT AND THEY DO NOT OWN AND ARE NOT RESPONSIBLE FOR JOBULATOR. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO JOBULATOR, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, PUSH NOTIFICATION DELIVERY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR JOBULATOR, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED TEN DOLLARS ($10.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF JOBULATOR AND THIS AGREEMENT.
8. 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.
10. Public Disclosure and Marketing. You grant Frontline the right to publically disclose 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.
11. 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.
12 E-mail Consent. As part of your account activation process, you may elect to receive various notices in the form of e-mail messages. By making the election, you expressly agree and consent to receive these messages.
13. Location-Enabled Features. The mapping functionality made available in the Jobulator Mobile Application uses your phone/mobile device's native mapping application. Data used by all parts of Jobulator are managed by the Aesop customer (district). Please contact the appropriate Aesop Administrator (for the district) if you identify any discrepancies. You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely "as-is," without warranties of any kind.
15. 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.