Terms and Conditions

Nothing in this Agreement shall be deemed to create any legal rights or obligations except as expressly set forth herein. The following are the terms and conditions for Jobing.com.

  1. The Partnership

    In accordance with this Agreement, Licensor grants to Partner a non-transferable, non-exclusive license, for the term of this agreement, to utilize certain website technology developed by Licensor for commercial purposes for use on and within the Partner website.

  2. Confidentiality

    Each party shall protect the other’s confidential information from unauthorized dissemination and use with the same degree of care that each party uses to protect its own confidential information. Neither party will use the other’s confidential information for purposes other that those necessary to further the purposes of this Agreement. Neither party will disclose the other’s confidential information to third parties other than on a confidential basis to its retained accountants, lawyers, and other outside professional advisors. Upon termination of the Agreement, each party shall return the other’s confidential information. The parties’ obligations hereunder with respect to confidential information shall survive the expiration or earlier termination of this Agreement.

  3. Trademarks; Service Marks; Trade Name

    Each party hereby grants to the other a limited license to use the tradenames, service marks and trademarks of the other in connection with the Partnership; provided, that the Partner shall obtain the prior written approval of Licensor prior to any particular use so as to ensure that such use is proper. It is expressly understood by each party that trade names, service marks and trademarks of the other are proprietary and that nothing in this Agreement constitutes the grant of a general license to use said trade names, service marks, and trademarks. Upon termination of this Agreement, any and all rights or privileges of each party to use the other’s trade names, service marks, and trademarks shall expire and each party shall promptly return to the other party any materials containing said marks.

  4. Termination

    Either party may terminate this Agreement upon thirty (30) days notice for any of the following reasons: (i) the other party fails to perform any material obligation in this Agreement and such failure continues for a period of thirty (30) days after receipt of written notice thereof; or (ii) proceedings under any bankruptcy laws shall be instituted by or against the other party which proceedings shall not have been dismissed within ninety (90) days; or (iii) the other party ceases to do business, or otherwise terminates its business operations.

  5. Ownership of Content

    Parties agree that all content on the Partner Website related to Partner activities is property of Partner. Parties agree that all Job Postings on the Job Board are property of Licensor and respective employers. Parties agree that all technology built and developed for use on Partner Website, unless specifically stated in writing by the Parties, is sole property of Licensor.

  6. Governing Law; Limitation on Damages

    This Agreement shall be governed and interpreted by the laws of Arizona, without giving effect to the conflicts of laws principles thereof. Neither party to this Agreement will be liable under any section or subject matter of this Agreement or under any contract, negligence, strict liability or other legal or equitable theory for any incidental, indirect or consequential damages even if such party shall have been aware of the possibility of such damages.

  7. Miscellaneous

    Neither party to this Agreement may assign this Agreement, or any rights or obligations hereunder, without the prior consent of the other, except in connection with a sale of such party or its business. In the event of sale of a business, this Agreement shall survive any transaction and the purchasing company shall be responsible to uphold the Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. No amendment, modification or discharge of this Agreement shall be valid or binding unless set forth in writing and duly executed by the party against which enforcement of the amendment, modification or discharge is sought. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and permitted assigns. Each of the parties to this Agreement shall be deemed to be an independent contractor vis-à-vis the other, and neither party shall be deemed the agent of, or have the power to legally bind or commit, the other. This Agreement may be executed through the use of separate signature pages or in counterparts, and each of such counterparts shall constitute one agreement binding on both parties, notwithstanding that both parties are not signatories to the same counterpart.