Terms Of Service
This User Agreement is effective as of June 18, 2010. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
Welcome to eJobMate.com, the website and online service of eJobMate.com. (collectively "eJobMate", "we", or "us"). This page explains the terms by which you may use our web site, web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by eJobMate, (collectively the "Site"). By accessing or using the Site you signify that you have read, understood, and agree to be bound by the following User Agreement ("User Agreement" or this "Agreement"), which includes and hereby incorporates by reference the agreements and policies referenced in this User Agreement or linked from the following URL: http://www.ejobmate.com/legal/terms_of_service (collectively the "Terms of Service"). Certain capitalized terms used in this User Agreement are defined here or below. We reserve the right to revise this User Agreement and the Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. We may make such revisions without prior notice to you, so please check back often for updates. Unless otherwise provided in such revision, the revised User Agreement or Terms of Service, or part thereof, will take effect when they are posted.
eJobMate makes the Site available as an online venue where workers and employers identify each other and work together online to fill job posts. The Site contains features that enable workers and employers to do, among other things, the following:
Employers: Post Jobs and Requests for Proposals, identify, interview, negotiate contract terms, hire, manage engagements, rate and pay workers.
Workers: Create profiles, advertise capabilities, submit proposals, interview, negotiate contract terms, get hired, manage engagements, invoice, get rated and receive payment from employers.
Relationship With eJobMate
eJobMate Not a Party to Jobs
eJobMate is not a party to the dealing, contracting and fulfillment of a Job between a worker and employer, including the worker Services. eJobMate has no control over and does not guarantee the quality, safety or legality of worker Services advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Members, the ability of Providers to deliver Provider Services, the ability of employers to pay for worker Services, or that a worker or employer can or will actually complete a transaction. eJobMate is not required to and does not verify any information given to us by workers or employers, nor does eJobMate perform background checks on workers or employers, However, eJobMate may provide information about a worker or employer, such as a risk score or geographical location, or third party valuations based on data given to us by the worker, employer, or a third party. Such information is provided for the solely for the convenience of Clients and users and is not an endorsement or recommendation by eJobMate. All rights and obligations for the purchase and sale of Provider Services are solely between workers and employers. Workers and employers must look solely to the other for enforcement and performance of all the rights and obligations arising from Member Contracts, hiring, and any other terms, conditions, representations, or warranties associated with such dealings. incorporated by reference, provided that the Terms of Service shall govern any conflicts.
Worker and employer each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their registration details. Workers and Employers therefore absolve eJobMate of any liability whatsoever arising out of data provided by eJobMate.
This Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and eJobMate.
Usernames and Passwords
When a user registers, the user will be asked to choose a username and password for the Account. As a Member, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Site. In addition, if you are a Member you agree to safeguard and maintain the confidentiality of your Account passwords. In either case, you authorize eJobMate to assume that any person using the Site with your username and password or your, act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the Account or any related Account or access to your password or the password of any User of your Account .
Directory of Providers
The Site contains links to other sites such as Facebook and Linkedin, among others. These sites are populated with information from third-party sources, from Providers themselves, and from other Members. eJobMate provides these links as a convenience and does not confirm or verify the information contained within them.
This Site may contain links to other Web sites or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those Web sites, resources or services, including the online communication services, will be governed by the terms and policies of the Web site or resource or Provider. In particular, your use of chat services is governed by the Userplane Terms of Service. These services are owned and operated by the third-party Providers and their licensors. You acknowledge and agree that eJobMate is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.
Licenses and Site Access
Access and Interference
Visitors and Users must access Secure Areas through browsers employing an encryption level of at least one hundred twenty eight (128) bits. You understand and agree to immediately stop using or accessing Secure Areas if your browser does not support such a level of encryption. If your browser does not allow such encryption then you may be blocked from using the Site.
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of eJobMate and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) upload invalid data, viruses, worms, or other software agents through or to the Site; (h) collect or harvest any personally identifiable information, including account names, from the Site; or (i) access any content on the Service through any technology or means other than those provided or authorized by the Service. Accessing the audiovisual content available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
Some areas of the Site may allow Users to post feedback, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") through the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, eJobMate does not guarantee any confidentiality with respect to any User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. To the extent that your User Content contains music or video, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. eJobMate reserves the right, but is not obligated, to reject and/or remove any User Content that eJobMate believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
eJobMate takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. eJobMate is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that eJobMate shall not be liable for any damages you allege to incur as a result of such User Content. Furthermore, eJobMate has no editorial control over User Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. eJobMate does not confirm or verify whether a worker has the expertise, or is qualified or licensed to provide the worker Services or advice being requested.
User License to eJobMate
You retain all your ownership rights in your User Content. By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have a right to grant, to eJobMate a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and eJobMate's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that eJobMate may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products ("Ideas", "problem"). By submitting any Idea or problem, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place eJobMate under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, eJobMate does not waive any rights to use similar or related ideas previously known to eJobMate, or developed by its employees, or obtained from sources other than you.
Additional User Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
- You are at least 18 years of age or a legal entity and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and eJobMate's use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
- eJobMate may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
eJobMate License to User
Subject to and conditioned on compliance with this Agreement, eJobMate grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Site Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of eJobMate or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by eJobMate.
eJobMate its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The eJobMate logo and name are trademarks of eJobMate, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in this Agreement confers any license under any of eJobMate's or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.
Resolution of Disputes Between Member and eJobMate
If a dispute arises between you and eJobMate, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you and eJobMate agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the eJobMate Services (a "Claim") in accordance with this section entitled "Resolution of Disputes Between Member and eJobMate." Before resorting to these alternatives, you agree to first contact eJobMate directly to seek dispute assistance here.
Law and Forum for Disputes
This Agreement is governed in all respects by the laws of the State of Michigan without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against eJobMate must be resolved by a court located in Livingston County, Michigan, or as described in the Arbitration Option paragraph below. You hereby submit to the exclusive personal jurisdiction of the courts located within Livingston County, Michigan for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
For any claim arising between you and eJobMate (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the ADR provider will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award has the right to enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes Between Member and eJobMate," eJobMate will be entitled to recover attorneys' fees and costs, provided that eJobMate has notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.
Term, Termination, and Suspension
This Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by eJobMate or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this Agreement at any time upon notice to the other party. In such event, your Account is automatically terminated and (i) eJobMate shall continue to perform those eJobMate Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to eJobMate for any Site Services and to any Providers for any Provider Services.
Without limiting eJobMate's other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site or linked here; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for eJobMate or are contrary to the interests of the Site or the eJobMate user community. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or reregister under a new Account.
In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
Without limiting eJobMate's other remedies, to the extent you engage in actions or activities which circumvent the eJobMate Site, reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. eJobMate reserves the right to terminate any User access, Account, or Job for any reason or no reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals. The sections entitled "RELATIONSHIP BETWEEN CLIENTS AND PROVIDERS," "RELATIONSHIP WITH eJobMate," "THIRD-PARTY CONTENT," "LICENSES AND SITE ACCESS," "RESOLUTION OF DISPUTES BETWEEN MEMBER AND eJobMate," "TERM; TERMINATION AND SUSPENSION," "DISCLAIMERS, LIMITATIONS AND EXCLUSIONS," "NOTICES AND COMMUNICATIONS," "MISCELLANEOUS," "CERTAIN DEFINED TERMS," Resolution Process," will all survive termination of the contractual agreement between us.
Notification of eJobMate Members
You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member Account status to all Members, including both yourself and other Members who are participating in Jobs with you. You therefore agree as follows: IF eJobMate SUSPENDS OR TERMINATES YOUR ACCOUNT OR JOB, eJobMate HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOBS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED ACCOUNT OR JOB STATUS, AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.
eJobMate, located in Livingston County, Michigan, is the provider of the electronic commercial service on this Site. Please feel free to contact eJobMate to resolve a complaint regarding any aspect of service relating to this Site by contacting us at steve@eJobMate.com.
Disclaimers, Limitations, and Exclusions
You are responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on eJobMate's part to store, backup, retain, or grant access to any information or data for any period. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
You may close your account on eJobMate at any time, however, there are no refunds or credits for cancellation. In the event that eJobMate suspends or terminates your account or this Agreement or for your breach of this Agreement, you understand and agree that you shall receive no refund or credit for any unused time on a posted job position, nor any content or data associated with your account. By using the service, you acknowledge and agree that all fees are earned at the time the service is first provided and that you are not entitled to any refund or credit for any reason or under any circumstances.
eJobMate DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EJOBMATE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EJOBMATE ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THE SITE SERVICES PROVIDED BY eJobMate OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SITE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you have a dispute with another Member, you release eJobMate (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
YOU HEREBY WAIVE ALL APPLICABLE MICHIGAN CIVIL CODES WHICH BY INFERENCE DESCRIBE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, hold harmless and indemnify eJobMate from and against any and all losses, costs, expenses, damages or other liabilities incurred by eJobMate from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against eJobMate: (a) in connection with your use of the Site Services including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Provider; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Notices and Communications
Communications from eJobMate to you
Unless you otherwise indicate in writing to Customer Support, eJobMate will communicate with you by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when eJobMate sends it to the email address you have provided to eJobMate on the Site, or when eJobMate posts such communication on the Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from eJobMate regarding violation, dispute or complaint within two business days, eJobMate has the right to terminate or suspend your Job or your Account.
Communications from you to eJobMate
All notices to eJobMate intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
915 N Michigan Ave
Howell, MI 48843
Such notices to eJobMate are deemed effective upon receipt.
Miscellaneous Terms and Conditions
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. eJobMate will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of eJobMate. No delay or omission by eJobMate in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the express written permission of eJobMate, and any attempt to do so will be null and void. eJobMate may assign this Agreement in its sole discretion. This Agreement, together with any other legal notices and agreements published by eJobMate via the Site, shall constitute the entire agreement between you and eJobMate concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The Site is controlled and operated from its facilities in the United States. eJobMate makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all documents referenced in this Agreement (including the Terms of Service available by hyperlink above) comprise the entire agreement between you and eJobMate with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site. For convenience, this Agreement may be displayed in HTML and/or PDF versions. In the event of any inconsistency between such versions, the PDF version will govern.
Certain Defined Terms
Any capitalized term not otherwise defined in this Agreement has the meaning given such term on the Site. As used throughout this Agreement:
- "Account" means the eJobMate Account you open when you register to become a Member and use the Site Services, and all Team Accounts added to that Account.
- "Employer" means a Member that investigates and purchases worker Services or identifies a worker through the Site.
- "eJobMate Services" means the creation, hosting, maintenance, and provision of the Site and all services delivered by eJobMate that are accessible through the Site. The term eJobMate Services does not include Provider Services or Third-Party Services.
- "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- "Member" means a person or legal entity that registers for an Account.
- "Member Contract" shall have the meaning given to it above.
- "Worker" means a Member that offers and delivers worker Services or identifies a employer through the Site.
- "Worker Services" means all services delivered by workers.
- "Secure Areas" means portions of the site that are encrypted using the Hypertext Transfer Protocol Secure (also known as "HTTPS") or any other encryption mechanism.
- "Site Policies" means the Terms of Service and all obligations, requirements, and guidelines contained in or linked from the Site. Site Policies includes, without limitation, all documents linked here.
- "Site Services" means all services that are accessible through the Site except Provider Services.
- "Third-Party Services" means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include eJobMate Services or Provider Services.
- "User" means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization.
- "Visitor" means a person who is only visiting the Site, not a Member or User.
- "Workroom" means the place on the Site where a worker and employer can communicate and work together on a Job.
- "Work System" means the tools available on the Site for worker and employer to communicate and work together.
- "You" means a Visitor or Member accessing the Site or using the Site Services on his or her own behalf; or, if the Site Services are used on behalf of a Member, "You" means the Member for which the Site Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact eJobMate Customer Support as follows:
Phone: (Mon-Fri, 9 a.m. - 5 p.m. Eastern Time): 1-517-548-0829