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Copyright © 2011, JobNimbus. All rights reserved.
Copyright © 2011, JobNimbus. All rights reserved.
Viewing articles and other information does not require registration.
In order to participate on this Website, you must first complete the registration form to create a username and password. During registration, you are asked to provide contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest.
You have the option to provide other demographic information to us; we encourage you to submit this information so we can provide you a more personalized experience on our site.
Upon registering, you will receive a welcome notification, letting you know that your account has been activated.
JobNimbus, LLC is the sole owner of the information collected on JobNimbus.com. JobNimbus, LLC collects personally identifiable information from our users at several different points on our Web site.
We may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you, therefore, have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).
We use this information try to understand our visitors better in order to provide them with a better user experience on the site. We will also use this information to notify contest winners, or contact participants with information we feel is relevant to the survey or contest.
We may use a third-party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. JobNimbus, LLC stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact us here to request that we remove this information from our database.
We may use a third-party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
If you submit feedback, articles, ratings, or provide information to the site through other forms, this information will be used in connection with other user-submitted information to enhance the user experience of the site.
If you opt-in, we will occasionally send you information on products, services, special deals, promotions. You can sign up for these emails from us on our registration page.
Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-Out.”
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section.
Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-Out.”
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
We store information that we collect through cookies, log files, clear gifs, and/or third party sources to create a “profile” of your preferences. We tie your personally identifiable information, and your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you.
We share your profile in aggregate form.
Information Sharing and Disclosure
Aggregate Information (non-personally identifiable)
We share aggregated demographic information about our user base with our partners and advertisers. This information does not identify individual users.
We do not link aggregate user data with personally identifiable information.
Personally identifiable information:
We also share your personal information if you request a service, product or other information provided by one of our 3rd party partners.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by contacting us here. We offer an opportunity to opt-out of certain communications on our member profile page, or you may contact us using the information below.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
We do not link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to prevent and track site abuse.
We use a third-party tracking service called Google Analytics that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate.
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do link the information we store in cookies to personally identifiable information you submit while on our site for the purposes of providing you with a better user experience.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited. Cookies may also be used when participating in other areas of the site, such as user comments, feedback, or our shopping cart.
Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies. See “Third Party Advertisers.”
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice and Opt-Out.”
The ads appearing on this Website are delivered to users by our advertising partners. We share Web site usage information about users with reputable third-party partners for the purpose of targeting our Internet banner advertisements on this site.
Some of them use cookies and clear GIFs on this site, which allow it to recognize a user’s cookie when a user visits this site. The information that they collect and share through this technology is not personally identifiable.
This Website contains links to other sites that are not owned or controlled by JobNimbus, LLC. Please be aware that we, JobNimbus, LLC, are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Website.
If you use a bulletin board or chat room on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our member information page [or by emailing our Customer Support here or by contacting us by telephone or postal mail at the contact information listed below.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Website, you can contact us here.
In the event JobNimbus, LLC goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email or a prominent notice on our Web site for 30 days before any such change in ownership or control of your personal information.
For customers and/or visitors in the European Economic Area (“EEA”), the legal basis for how we collect and use personal information is dependent upon the specific context for which it is collected. In most cases, we collect and retain personal information from you only with your consent, when we need your personal information to perform a contract with you, or where information collection is in our legitimate business interests. In some cases, there may also exist a legal obligation to collect personal information from you.
In situations where you are asked to provide personal information to enter into a contract with you or to comply with legal requirements, we will make this clear at the relevant time and we will advise you whether providing your personal information is mandatory or optional. We will also detail the possible consequences of not providing your personal information in these situations. In the case of collecting your personal information for our legitimate business interests, we will outline those legitimate business interests at the relevant time.
If you have any further questions or concerns regarding the disclosure or use of your personal information within the EEA, please contact us.
Your rights are as follows:
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.
THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (“SITE”) OF JobNimbus AND THE SERVICES AVAILABLE ON THIS SITE (“SERVICES”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT JobNimbus MAY MAKE CHANGES TO THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES IN THE TERMS. IN ADDITION, JobNimbus MAY MAKE CHANGES TO THE SERVICES AT ANY TIME.
Except for the JobNimbus Software or the software offered by developers on the Site, if any (“Third Party Software”), the download of which is governed by the license agreement associated with such Third Party Software, and except for the Third Party Content (defined below) which are provided by third parties, all information, documents and Services provided on this Site, including trademarks, logos, graphics and images(collectively, the “Materials”) are provided to you by JobNimbus. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
JobNimbus grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the JobNimbus copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and JobNimbus may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If JobNimbus becomes aware of any of the foregoing activities, JobNimbus may investigate and may respond, and when appropriate, JobNimbus may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that JobNimbus expressly prohibits and you agree not to:
post any false, inaccurate or misleading Third Party Content (defined below);
use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person;
post any Third Party Content that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable;
harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact;
send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication;
make any changes, additions and/or deletions to any of the Third Party Content posted by any user without the express written authorization of such other user
take any action that imposes an unreasonable or disproportionately large burden on the Site’s infrastructure;
include any misleading, irrelevant and/or hidden keywords in any Third Party Content posted by you;
frame or link to the Site any of the content or information available from the Site unless JobNimbus expressly consents to such linking and/or framing;
intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
use any robot, spider or other program or device to retrieve or index any portion of the Site; or
harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
In addition to the foregoing, if you are a developer that makes Third Party Software available to users via the Site, you acknowledge that JobNimbus expressly prohibits and you agree not to:
post Third Party Software or Third Party Content in inappropriate categories or areas on the Site;
post or otherwise make available to users via the Site any: (i) Third Party Software or Third Party Content that does not materially benefit users of JobNimbus products or services; or (ii) Third Party Software or Third Party Content that is competitive with, or which otherwise benefits competitors of, JobNimbus products and services;
use the Site if you are not able to form legally-binding contracts, are under the age of 18, or are temporarily or permanently suspended from use of the JobNimbus Site;
fail to deliver Third Party Software or Third Party Content purchased or otherwise acquired from you, unless the acquirer fails to meet the posted terms;
circumvent or manipulate the billing process established by JobNimbus to facilitate processing of orders on your behalf; or
transfer or otherwise allow others to use your developer account and user ID without JobNimbus’s prior written consent.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. JobNimbus reserves the right to terminate our relationship with you under these terms and prohibit your access to the Site and/or Services, to remove any Third Party Software or remove, edit or close any Third Party Content or thread on any message board or chat room for any reason, including, without limitation, any action that JobNimbus, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user.
The foregoing prohibitions do not impose on JobNimbus, and JobNimbus does not assume, any obligation to monitor or remove any Third Party Content or other communication posted by you or any other user. You hereby acknowledge and agree that you may be exposed to Third Party Content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL THIRD PARTY CONTENT SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND JobNimbus WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH THIRD PARTY CONTENT. Your access to the Site and Services is undertaken at your own risk and JobNimbus is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Prior to gaining access to certain Services on the Site, JobNimbus may require you to set up a user name and password (“Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by JobNimbus from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by JobNimbus at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform JobNimbus immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
JobNimbus operates on-line marketplaces on certain of its Sites that allow developers to make Third Party Software available to users via the Site. The Third Party Software available on these Sites is, in each case, the copyrighted work of the respective developer, and may be subject to license agreements, terms of use and/or privacy policies of such developer. In addition to the foregoing, you acknowledge and agree that JobNimbus is not a party to, nor is JobNimbus otherwise involved in, the actual transaction between the developer and users in the acquisition of Third Party Software provided by such developer. JobNimbus does not control the transaction and does not guarantee the quality, accuracy, legality or safety of Third Party Software, nor does JobNimbus guarantee the ability of developers to provide Third Party Software or the ability of acquirers to pay for them. All transactions shall be governed by terms of sale executed by and between the developer and the acquirer. JobNimbus DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
“Third Party Content” means, collectively: (i) content and information licensed by JobNimbus from third parties for display on the JobNimbus Sites, and (ii) content, information and material posted to the Site by third party users of the Site. Third Party Content available on these Sites is, in each case, the copyrighted work of the respective third party or third party user of the Site. You acknowledge that you are responsible for the Third Party Content you post to the Site and that you, and not JobNimbus, will have full responsibility for the Third Party Content you post, including its legality, reliability, appropriateness, originality and copyright. By posting any Third Party Content to the Site that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of your Images.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Third Party Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that JobNimbus shall be free to use or disseminate your Third Party Content posted to the Site on an unrestricted basis for any purpose. If you post such Third Party Content to the Site, you grant JobNimbus a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Third Party Content and to sublicense those rights through multiple tiers of sublicensees. No Third Party Content you submit shall be deemed confidential. However, JobNimbus agrees to use your Third Party Content in accordance with JobNimbus’s Privacy Policy applicable to personally identifiable information. Some Third Party Content may be licensed by JobNimbus for use on the Site. Such Third Party Content shall be subject to the license set forth above unless such Third Party Content indicates that it is subject to other terms, in which case such other terms shall apply. Notwithstanding anything herein to the contrary, you hereby assign to JobNimbus all right, title and interest worldwide in all intellectual property rights in and to any new feature that you may suggest or submit to JobNimbus relating to the JobNimbus Software and you acknowledge and agree that JobNimbus may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site. JobNimbus DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Site may provide links to other Web sites or resources over which JobNimbus does not have control (“External Web Sites”). Such links do not constitute an endorsement by JobNimbus of those External Web Sites. You acknowledge that JobNimbus is providing these links to you only as a convenience, and further agree that JobNimbus is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on such External Web Sites.
Your use of the Site is governed by the JobNimbus Privacy Policy that is available here (the “Privacy Policy”).
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of JobNimbus or others used on this Site and in the Services are the property of JobNimbus or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of JobNimbus or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of JobNimbus, Inc. Copyright © 2004-2006, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless JobNimbus and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site and/or the Services, any transaction related to the acquisition of Third Party Software or Third Party Content, or a breach of these Terms.
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by JobNimbus, and agree that JobNimbus does not warrant the accuracy or timeliness of the Materials and further agree that JobNimbus has no liability for any errors or omissions in the Materials, whether provided by JobNimbus or its licensors.
JobNimbus, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY THIRD PARTY SOFTWARE AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. JobNimbus PROVIDES THE SERVICES “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND.
NEITHER JobNimbus NOR ANY OF ITS AGENTS, AFFILIATES, OR PROVIDERS OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, ANY TRANSACTIONS RELATED TO THE ACQUISITION OF THIRD PARTY SOFTWARE OR THIRD PARTY CONTENT, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF JobNimbus WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR DEVELOPERS, YOU HEREBY RELEASE JobNimbus (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS, LIABILITIES, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE §1542, WHICH STATES: “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.”
JobNimbus respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide OUR copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a 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; and
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.
JobNimbus controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials, the Third Party Software or the Third Party Content. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without JobNimbus’s prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. These terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms. You shall bring all disputes, actions, claims, or causes of action related to these terms or in connection with this Site only in the federal and state courts located in Santa Clara county, California. If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of JobNimbus to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JobNimbus in writing. No joint venture, partnership, employment or agency relationship exists between you and JobNimbus. These terms comprise the entire agreement between you and JobNimbus and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Except for JobNimbus’s rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties.
By choosing the option for annual membership, you are committing to the yearly subscription fee in exchange for a 10% discount. If you cancel before the annual renewal date, you forfeit the remaining fee previously charged. There will be no refunds for yearly membership accounts after the first 30 days, as covered by our 30-day guarantee.
By signing up, you agree to allow a JobNimbus representative to contact you.
You own the content/data created or stored by you. Your use of JobNimbus does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content/data created by you or stored in your JobNimbus account for commercial, marketing or any similar purpose. You grant JobNimbus a limited license to host, copy, transmit and display your content/data solely as required for the purpose of providing the JobNimbus service to you.
You are allowed an unlimited amount of legitimate business-related storage that consists of photos, documents, and small videos. Use of JobNimbus as a file server and/or distributing content to the general public is prohibited. Large videos/segments, software binaries or other large files not related to typical service of a construction/contractor related job are prohibited.
JobNimbus offers payments through WePay, Inc. (“WePay”), a third-party payment processor. Please review the WePay Terms of Service and the WePay Privacy Policy. If you use the WePay payment service, you agree to the WePay Terms of Service and Privacy Policy for the country in which you are located. If you have questions regarding the WePay Terms of Service or Privacy Policy, please refer to the WePay website or contact WePay.
If you elect to use the WePay payment service in conjunction with JobNimbus, you will enter into an agreement with WePay for use of the service and WePay’s use of your data. We encourage you to review the WePay Privacy Policy, which will apply to you.
Local, state, federal, provincial, or foreign tax authorities may assign taxes, duties, levies, or other judgments not included in JobNimbus fees. You are responsible for all taxes on JobNimbus purchases, including acknowledgment that, if JobNimbus incurs any tax obligation as a result of your purchase, JobNimbus will invoice you for the taxed amount. Your tax responsibility could include sales, use, value-added, withholding, or other fees. Supplying JobNimbus with a verified tax exempt certificate could change your tax responsibility.
The following terms and conditions govern your participation in the JobNimbus Customer Referral Program, hitherto referred to as CRP for short. The CRP is run by JobNimbus.
The Participants referred to below are you (a Qualified User), and the person you’ve referred (a Referred User). To be eligible for a reward, you, as participants must agree to be bound by the rules described below.
1. Amazon Gift Card*: refers to a gift card for use on the Amazon US or Canada website.
2. Referred User: someone who’s been referred to JobNimbus by a Qualified User. You become a Referred User by clicking on a Qualified User’s unique referral link and creating a new JobNimbus account with at least one subscriber. (Referred Account). Only the person who creates the Referred Account is considered the Referred User, and there can only be one Referred User for each Referred Account created.
3. Referred Account: a new JobNimbus account with at least one subscriber created by a Referred User through a Qualified User’s unique referral link.
4. Qualified User: someone who meets all of the following conditions:
an active member of a JobNimbus account in good standing (no late payments, not suspended, etc.) that has a paid subscription to JobNimbus at the time the referral is made
5. Eligible Referral: A Referred Account qualifies as an Eligible Referral if all of the following conditions are met:
When you refer someone to JobNimbus and they open a new paid subscription account, you’ll receive an Amazon.com Gift Card* and they’ll receive a credit to their new JobNimbus account. You are eligible to receive rewards for up to 20 referrals.
JobNimbus reserves the right to add to or change these terms and conditions at any time without notice.
*Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards (“GCs”) cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. All Amazon ®, TM & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.
If you are unable to attend a JobNimbus event, you may send someone in your place at no extra charge. Notification must be made in writing and received prior to the first day of the event. If no substitution is made and the ticket is unused, a credit in the amount of the ticket price paid will be applied toward JobNimbus training. No cash refunds will be made.
JobNimbus does not allow shared registrations or ticket sharing of any kind. Each registration allows admittance of one person only.
By purchasing any JobNimbus event ticket(s), you acknowledge and agree to the following statement: “I grant permission to JobNimbus and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release JobNimbus and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during an interview or guest lecture, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.”
In accordance with the JobNimbus Privacy Policy, your information will not be shared with any 3rd party vendor/partner at any time. However, a 3rd party vendor/partner may contact you or send marketing material to you if your information is given by you to a 3rd party vendor/partner during a JobNimbus event. JobNimbus is not responsible and cannot be held at fault for any content, law violation, or CAN-SPAM Act non-compliance by it’s 3rd party vendors/partners.