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Sumo Stomp
We acquired SumoQuote! Learn more here
🏔️ Peak Performance 2024 is here. Get the report

Terms and Conditions

THESE TERMS OF USE DO NOT LIMIT, ALTER OR MODIFY ANY RIGHTS THAT YOU MAY HAVE TO USE ANY OPEN SOURCE VERSION OF THE SOFTWARE (THE “JobNimbus Software”) LICENSED BY JobNimbus, Inc. (“JobNimbus”).

THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS”) GOVERN YOUR USE OF www.jobnimbus.com (“SITE”) AND THE SERVICES AVAILABLE ON THIS SITE OR OTHERWISE OFFERED BY JOBNIMBUS (“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.

General Use Restrictions

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.

JobNimbus grants you the limited right to display the Materials only on your personal computer or other device for your personal use, 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 right 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 acknowledge that JobNimbus does not allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). The Services are not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services. You understand and agree that you will have use of the telephone number(s) that are provided as part of the Services only until JobNimbus no longer provides you with the Services. You understand and agree that JobNimbus is the customer of record for all telephone number(s) provided as part of the Services and, therefore, JobNimbus has certain rights with respect to porting of such numbers. As the customer of record for the telephone number(s), JobNimbus owns the telephone number(s) assigned to you. You understand and agree that JobNimbus may need to change the telephone number(s) assigned to you. You agree that JobNimbus will not be liable for damages arising out of any such change in the telephone number(s) assigned to you. You hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if JobNimbus has been advised of the possibility of damages.

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 the 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 EXPRESSES THE VIEWS OF THE AUTHOR, AND JOBNIMBUS WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR 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.

Account Registration and Password Protection

Prior to gaining access to certain Services on the Site, JobNimbus may require you to set up a username and password (“Password(s)”) as outlined 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.

Transactions with Developers

JobNimbus operates online 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 and Postings

“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 sub-licenses 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 sublicenses. 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 rights, titles, 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.

Aggregate Data

JobNimbus may, to the extent permitted by law, (a) create anonymized and aggregated data records from data stored in, collected by or related to the JobNimbus Software and compile statistical and other information related to the performance, operation, and use of the JobNimbus Software that, in each case, do not identify you or any natural person (such data records and information, collectively, “Aggregate Data”); (b) collect, process, use and commercialize such Aggregate Data for any lawful purpose, including to improve the JobNimbus Software (or any other JobNimbus product or service), develop new services, understand industry trends, create white papers, reports, or databases summarizing the foregoing, and generally for any legitimate purpose related to JobNimbus’ business; (c) share Aggregate Data with third parties or publish any reports, or other summaries incorporating Aggregate Data; (d) use Aggregate Data to investigate and help address or prevent actual or potential unlawful activity or unauthorized use of the JobNimbus Software; and (e) disclose Aggregate Data upon the request of a government agency, law enforcement agency, court or as otherwise required by law. As between the parties, JobNimbus owns all right, title and interest in and to the Aggregate Data (other than any personal information that formed the basis for such Aggregate Data).

Links to External Websites

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.

Privacy Policy

All personal information that you submit to JobNimbus, including through the Services, is governed by and will be treated in accordance with the JobNimbus Privacy Policy (the “Privacy Policy”). By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos, and designs of JobNimbus or others used on this Site and in the Services (“Trademarks”) are the property of JobNimbus or their respective owners, and all goodwill in such Trademarks shall inure to the benefit of 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. As between you and JobNimbus, 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. 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.

Indemnification

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, any content that you post to the Site or the Services, your violation of applicable law, or a breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, and 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 ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS AND ARE 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.

THE SERVICES DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES” SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES. NEITHER JOBNIMBUS NOR ITS OFFICERS, EMPLOYEES, OR AFFILIATES MAY BE HELD LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.

Limitation of Liability

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, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, JOBNIMBUS IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL JOBNIMBUS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO JOBNIMBUS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.

Release

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.”

Copyright Agents

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.

General

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 the laws of the State of Utah, 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 Salt Lake City, Utah. 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.

Contact from JobNimbus

By signing up, you agree to allow a JobNimbus representative to contact you.

Subscriptions

Cancellation Policy

Monthly Subscriptions: Monthly subscription agreements continue on a month-to-month basis. A request to cancel a monthly subscription must be submitted to JobNimbus at least 14 days in advance of the requested cancellation date. If you cancel prior to your next billing date, your account will remain fully active through the pre-paid period until the next billing date. Remaining message credits are forfeited at the time of cancellation and will not be refunded to you.

Non-Contracted: Annual & Semi-Annual Memberships – By choosing the option for an annual or semi-annual membership, you are committing to the yearly or six-month subscription fee, as applicable. If you cancel before the applicable renewal date, you forfeit the remaining fee previously charged. There will be no refunds for yearly or semi-annual membership accounts.

Contracted Sales Agreements: All contracted sales agreements are subject to the terms identified and agreed upon in the contract.  Agreed upon terms of your contract supersede all other JobNimbus policies, terms, and conditions.

Taxes

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.

Data

Data Ownership

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 Services to you.

Data Storage

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.

Email

You are allowed a reasonable number of email sends, either manual or automated, to contacts in your account. Use of JobNimbus as a bulk email sender is prohibited. If you are found to be sending a large number of emails in a small period of time, the email sending privileges on your account may be temporarily or permanently restricted.

JobNimbus Payments

JobNimbus offers payments through third-party payment processors. The payment processors that JobNimbus works with include, but are not necessarily limited to, WePay, Inc., Global Payments Innovation, and Payrix Solutions, LLC. If you use a payment service offered by any of our third-party payment processors, your use of such services is governed not by these Terms but by that payment processor’s terms of use and privacy policy. We encourage you to review such third-party terms prior to using any such payment services.

Engage

Message Credit Auto Recharges

You may send a fixed number of messages through the Services each month. Once that monthly allotment has been depleted, your payment method will be automatically charged for the same additional fixed number of messages.

Customer Referral Program

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.

Definitions
  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

  1. Eligible Referral: A Referred Account qualifies as an Eligible Referral if all of the following conditions are met:
  • Referred Account is created on JobNimbus by the Referred User through the Qualified User’s unique referral link
  • Referred User is not a member of any other JobNimbus account (whether they’re active or canceled, paid or trial account)
  • Referred User was not referred to JobNimbus at an earlier date by someone else
  • Qualified User has made no more than 20 Eligible Referrals
  • Qualified User cannot be a member of any single JobNimbus account that has collectively made more than 50 Eligible Referrals
  • First payment (whether monthly or annual) submitted by the Referred Account to JobNimbus was successfully processed
  • Referred Account created by the Referred User must not be for a company associated with any other JobNimbus accounts (whether it’s active or canceled, paid or trial account)
  • Qualified User and the Referred User cannot be employed by the same company
    the Referred Account must convert to a paid JobNimbus subscription within 30 days of the date the Referred User first clicked on the unique referral link from the Qualified User
  • No more than 50 percent of the users who are members of the Referred Account can be active members of any other JobNimbus account (whether it’s active or canceled, paid or trial account)
  • Referred User can’t have the same IP address as the Qualified User
  • Qualified User must not have posted their unique referral link on a “coupon website” or similar website
  • Referred User can’t have the same IP address as any other user of JobNimbus (whether the user is a current or former user) at the time the Referred User signs up
Overview of Program

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.

  1. To be an eligible participant in the Referral Program, you must meet either of the following conditions:
    1. You’re a Qualified User and the referral you made is deemed an Eligible Referral by JobNimbus
    2. You’re a Referred User and your Referred Account is deemed an Eligible Referral by JobNimbus
  2. If you meet either of the conditions above, you’ll receive an Amazon Gift Card* (which is referred to as the “Reward”). Obviously, no Reward will be given in relation to any referrals that aren’t Eligible Referrals.
  3. If eligible, you, the Participant, will receive an Amazon Gift Card* if you reside in: United States of America or Canada. If you reside in any other country, you are not eligible to participate in the CRP. The Reward will be delivered by mail to the Qualified User JobNimbus account address on file within 3 months of the time at which the referral is deemed an Eligible Referral by JobNimbus.
  4. The value of the Reward is US$25 in the form of an Amazon Gift Card* to the Qualified User and US$25 in the form of a JobNimbus account credit to the Referred User when they make payment on their first subscription to JobNimbus (whether it’s a monthly or annual subscription).
  5. If you participate in the CRP as a Qualified User, then a Reward will be given for each Eligible Referral you make. The reward does not increase for each member who joins the Referred Account created.
  6. If you, the Participant, file taxes in the US, you must notify JobNimbus if you have received $600 or more in Rewards from JobNimbus during a single calendar year.
  7. If you receive a reward, you (as a Participant) are responsible for all applicable taxes and fees resulting from it. By participating in the CRP, you release JobNimbus and their agents from all liability, including, without limitation, with respect to the Reward. JobNimbus reserves that right to suspend you as Participant from the CRP at any time and reserves the right to cancel, modify or suspend the CRP at any time.
  8. Please note that if you are a Qualified User, the name you used to create your JobNimbus profile may be appended to your unique referral link.
  9. By taking part you agree:
    1. to comply with all applicable commercial and public anti-bribery laws
    2. to send referrals only to people that you know
    3. not to engage in any activity that may be considered fraudulent or invasive or that may be considered spamming
  10. 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.

Events

Refunds

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.

Ticket Sharing

JobNimbus does not allow shared registrations or ticket sharing of any kind. Each registration allows the admittance of one person only.

Media Release

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.”

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