Terms of Service

1. Terms

By accessing, browsing, or submitting any material to this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, and all applicable laws and regulations. If you do not agree with any of these terms, you may not use or access this site. The materials contained in this web site are protected by applicable copyright law.

2. Use of Content of Site

a. Permission (which may be revoked at any time for any reason) is granted to temporarily download one copy of the materials (information or software) on Jobiato's web site solely for personal, non-commercial transitory viewing only. No other use is permitted. You may not, for example: i. modify or copy the materials; ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. attempt to decompile or reverse engineer any software contained on Jobiato's web site; iv. remove any copyright or other proprietary notations from the materials; v. transfer the materials to another person or "mirror" the materials on any other server; vi. incorporate the information, content, or material in any database, compilation, archive, or cache; or vii. license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this site. b. This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Jobiato's at any time. Upon terminating your viewing of these materials or upon the termination of this permission, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Proprietary Information

You acknowledge and agree that this site contains proprietary information and content that are protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Jobiato.

4. Disclaimer

THE MATERIALS ON Jobiato’S WEB SITE ARE PROVIDED “AS IS”. Jobiato MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERHCANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Jobiato DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

5. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION

This Agreement shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning this Agreement, the terms and conditions of this Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.

6. Limitations

In no event shall Jobiato or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Jobiato's Internet site, even if Jobiato or a Jobiato authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Jobiato also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing this site, or of your downloading of any materials from this site. Jobiato assumes no responsibility or liability arising from the content of this site, as well as any offsite pages or additional sites linked to this site.

7. Revisions and Errata

The materials appearing on Jobiato's web site could include technical, typographical, or photographic errors. Jobiato does not warrant that any of the materials on its web site are accurate, complete, or current. Jobiato may make changes to the materials contained on its web site at any time without notice. Jobiato does not, however, make any commitment to update the materials. Jobiato assumes no responsibility or liability for any errors or omissions in the content of this site.

8. Links

Jobiato provides links to third party sites. The inclusion of any link does not imply endorsement by Jobiato of the third party site. Use of any such linked web site is at the user's own risk. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within this site or any such third party web site page does not constitute or imply an endorsement by Jobiato. 9. Site Terms of Use Modifications

Jobiato may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to Jobiato's web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Any cause of action you may have under these Terms of Use must be filed in Federal or State Court located in the State of Delaware. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then the remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. Jobiato is owned by a Delaware limited liability company, and references to Jobiato include said limited liability company. General Terms and Conditions applicable to Use of Web Site.