Terms & Conditions



 

 

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

JobShare provides a marketplace for the interaction of buyers and sellers of services and a medium for payment for those services.  Your use of this site is subject to your unconditional acceptance of the following Terms and Conditions, which spell out the contractual terms of this relationship (the “Agreement” or “Terms”).  This Agreement, including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the online market made available by JobShare LLC (an Arkansas limited liability company) (“JobShare,” “we,” “our,” or “us”) or through JobShare, obtained from or provided to other users.  PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY.  BY USING THE MARKET, YOU AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE MARKET.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Market in any manner, and each of your heirs, assigns, and successors.  If you use the Market on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

MODIFICATIONS

JobShare reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. JobShare will notify you of changes by posting on the Market or sending you an email.  Amendments will become effective thirty (30) days after they are posted on the Market or sent to you by email.  Your use of the Market after the expiration of the thirty (30) days shall constitute your consent to the changes.  If you do not agree, you may not access or use the Market.

ADDITIONAL TERMS AND POLICIES

Please review the Privacy Policy, incorporated herein by reference, for information and notices concerning JobShare’s collection and use of your information.  The provision and delivery of text messages by JobShare or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein.  Certain areas of and/or products on the Market may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies.  If there is a conflict between these Terms and terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

“Market” means all JobShare websites, mobile or other applications, software, processes and any other services provided by or through JobShare to create the opportunity for matching Service Users and Service Providers.  The Market may be limited in the sole discretion of JobShare.  See, e.g. Prohibited Services.

“User” means a person who completes JobShare’s account registration process or a person who submits or receives a request through JobShare.

“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Market.

“JobShare Content” means all Content JobShare makes available on or through the Market, including any Content licensed from a third party, but excluding User Content.

“User Content” means all Content you submit, post, upload, publish, or transmit on or through the Market, including but not limited to photographs, profile information, descriptions, postings, and reviews.

“Collective Content” means User Content and JobShare Content together.

“Prohibited Services” means services that are outside the scope of the Market created and maintained by JobShare, including, but not limited to medical, wellness and healthcare services; legal services; investment services; services of a sexual nature, including prostitution and escort services, and other services deemed outside the scope of the Market defined by JobShare in its sole discretion.

“Services” means the services listed, quoted, scheduled, offered or provided by Service providers, or sought, scheduled or received by Service users, through the Market.

“Service User” means a user who requests bids for the performance of Services and agrees to pay for those Services.

“Service Provider” means a user who registers to provide services for a Service User and receive payments for those Services.

 

ELIGIBILITY; SERVICE USER REPRESENTATIONS AND WARRANTIES

Access to and use of the Market is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law.  By accessing or using the Market, you represent and warrant that you are eligible.

By registering or using the Market to offer, post or provide Services, Service Providers represent and warrant that they, and their employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing.  Service Providers understand and agree that sending a quote does not guarantee the quote will be read, and using the Market does not guarantee they will be hired for work.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may view the Market without registering for an account.  To access and participate in certain features of the Market, you will need to create a password-protected account (“Account”).  You may register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).  By using the Market, you are representing and warranting that all information you provide is accurate, current, and complete information at all times when you use the Market.  You agree to update information to keep it accurate, current, and complete.

You are solely responsible for safeguarding your JobShare password and, if applicable, your Third-Party Site Password.  You are solely responsible for all activity that occurs on your Account, and you will notify JobShare immediately of any unauthorized use.  JobShare is not liable for any losses by any party caused by an unauthorized use of your Account.  Notwithstanding the foregoing, you may be liable for the losses of JobShare or others due to such unauthorized use.

YOUR LICENSE TO USE THE MARKET

Subject to your compliance with these Terms, JobShare grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Market.  You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Market or Collective Content, except as expressly permitted in these Terms.  The Market and Collective Content are provided to you AS IS.  If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by JobShare or its licensors, except for the licenses and rights expressly granted in these Terms.  JobShare shall not be liable for any interruptions of service or internet access failures.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content.  By making available any User Content on or through the Market, you hereby grant to JobShare a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Market or Services, or for any other purpose in our sole discretion, except that private messaging through the Market will not be used by JobShare in public advertising. In the interest of clarity, the license granted to JobShare shall survive termination of the Market or your Account.  With the exception of Feedback, JobShare does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Market.  Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Market or you have all rights, licenses, consents and releases that are necessary to grant to JobShare the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or JobShare’s use of the User Content (or any portion thereof) on, through or by means of the Market will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.  You agree that JobShare may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.  You further agree that you are the author of all Content you create and submit to the Market and that you are the owner of such Content, subject to the license rights granted in these Terms.

JobShare reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Market or users, or for any other reason.

PROHIBITIONS

As a user of the Market, you may not:

• Use another person’s Account, misrepresent yourself or Services offered through the Market, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Market;

• Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Market for any purpose without JobShare’s prior written approval;

• In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Market information or Content including but not limited to, use on a mirrored, competitive, or third-party site;

• Take any action that (a) may unreasonably encumber the Market’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Market or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Market; (d) circumvents, disables or otherwise interferes with security features of the Market; (e) distributes viruses or any other technologies that may harm JobShare or users; (f) uses the Market in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;

• Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Market, or use the communication systems provided by the Market for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;

• Recruit, solicit, or contact in any form Users for employment or any other use not specifically intended by the Market;

• Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Market, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;

• Advertise or solicit a Service not related to or appropriate for the Market including, but not limited to any Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of JobShare; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.

• Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-JobShare mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on JobShare, (b) offers to purchase a Service or any other service outside of JobShare, or (c) using a profile page or user name to promote services not offered on or through the Market;

• Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;

• Fail to perform Services purchased from you as promised, unless the Service User fails materially to meet the terms of the mutually agreed-upon agreement for the Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Service User’s identity;

• Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by JobShare;

• Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;

• Agree to purchase a Service when you do not meet a job’s requirements;

• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Market; and

• Attempt to indirectly undertake any of the foregoing.

JOBSHARE FEES AND TAXES

In connection with use of JobShare’s Market, JobShare charges certain Fees (“JobShare Fees” or “Fees”).  Current Fees related to the use of the Market, and those Fees are due and payable at the time of paying the agreed bid amount for the Services.  Service Provider shall be responsible for payiung JobShare Fees from the accepted bid amount.  The Service User shall pay the bid amount and the Service Provider shall accept that amount, net of the JobShare Fees.  For example, if the rate for JobShare Fees is 15% and the accepted bid for particular services is $100, the Service User will be charged for $100 and the Service Provider will be paid $85 after the payment of the JobShare Fee of 15% or $15.  JobShare may also charge Fees for damages, losses, attorneys’ fees and interest in the event of fraud, misconduct or other violations of these Terms and Conditions.  You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. 

The acceptance of a bid by a Service User creates an obligation to pay for the services in the amount bid.  Submission of a bid by a Service Provider creates an obligation to pay the Jobshare Fee from the gross amount paid by the Service User.  Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service.  If you do not pay on time or if JobShare cannot charge a credit card, PayPal or other payment method for any reason, or if a credit card charge is later challenged by the Service User related to the Service Provider’s performance, JobShare reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment.  JobShare may suspend the participation of Service Provider and Service User in the Market until JobShare’s Fees have been paid.  You explicitly agree that all communication and notices in relation to delinquent accounts or Fees due will be made by electronic mail or by phone.  Such communication may be made by JobShare or by anyone on its behalf, including but not limited to a third party collection agent.  If you cancel your Account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that JobShare may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees.  You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Users or Service Providers.  All sales on JobShare are final and non-refundable.

JobShare is not responsible for the payment of any applicable sales, use or income taxes of Service Provider, and Service Provider agrees to indemnify and hold harmless JobShare from all liability related thereto.

DISPUTES BETWEEN OR AMONG USERS

Users are responsible for the resolution of all disputes between Service Users and Service Providers, including, but not limited to completion of performance, quality of performance, incidental damages or claims for additional costs and expenses.  JobShare shall have completed all performance due to the Users and earned all JobShare Fees at the time of remittance of funds based upon the authorization of payment by Service User, even if charge is subsequently challenged.  Any dispute between a User and JobShare concerning the JobShare Fees shall be resolved by arbitration as detailed below. 

INTELLECTUAL PROPERTY RIGHTS

JobShare Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions.  Except as expressly provided in these Terms, JobShare and its licensors exclusively own all right, title, and interest in and to the Market and JobShare Content, including all associated intellectual property rights.  All trademarks, service marks, logos, trade names and any other proprietary designations of JobShare used herein are trademarks or registered trademarks of JobShare.  Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

You acknowledge and agree that all feedback, comments, questions and suggestions (“Feedback”) you provide to JobShare are the sole and exclusive property of JobShare.  You hereby irrevocably assign to JobShare and agree to irrevocably assign to JobShare all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have.  At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback.  JobShare shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback.  By sending or otherwise transmitting Feedback to JobShare, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity.  This Feedback section shall survive any termination of your Account or the Market.

COPYRIGHT POLICY

In the event that we become aware of a claim of alleged copyright infringement, we may remove disputed Content or terminate the Account of any user who is subject to allegations of infringement of third party copyrights.

NO ENDORSEMENT; NO REPRESENTATIONS OR WARRANTIES
REGARDING QUALIFICATIONS OR CHARACTER

JobShare does not endorse any User represent or warrant that a User is qualified to perform any Services.  We have not performed any investigation concerning any User and you should perform any necessary due diligence to satisfy yourself of the Service Provider’s qualification and suitability to perform the stated Services.  JobShare provides a Market, but is not a party to any agreements between or among users, Users or third parties.  No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or User’s use of any part of the Market, including but not limited to any scheduling or other services.  JobShare does not direct or control the day-to-day activities of any Service Provider, or create or assume any obligation on behalf of any User.  Users are required by these Terms to provide accurate information, and we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific JobShare services they are using or any involvement by JobShare personnel in providing or scheduling those services.

Any reference on the Market to a user being licensed or credentialed in some manner, or “best of,” “top,” or “background checked” (or similar language) designations indicates only that the User claims to have met third party review standards, and does not represent anything else.  Any such description is not an representation, warranty, endorsement, certification or guarantee by JobShare and is not verification of their identity and whether they or their Services are licensed, insured, trustworthy, safe or suitable.  Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Market.  Buyers are expressly cautioned to perform additional screening and investigation if they have further questions.

You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user.  JobShare is not responsible for any damage or harm resulting from your interactions with other users.

The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by JobShare.  We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Market, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties.  You agree not to attempt to impose liability on or seek any legal remedy from JobShare with respect to such actions or omissions of Service Providers or Service Users.

ACCOUNT SUSPENSION OR TERMINATION

Without limiting any other rights reserved herein, JobShare may, in its sole discretion, take any action permitted by law for any violation of these Terms and Conditions or any other policy or agreement between you and JobShare, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, terminating your Account, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution. 

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your JobShare Account in whole or in part.  If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Market or your User Content, or receive assistance from JobShare support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for Market services or Services cancelled or delayed or as a result of Account termination.  You may cancel your use of the Market and/or terminate your Account at any time by following the “Settings” link in in your profile, clicking “Account,” and clicking “Delete Account.”  Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Market, including, but not limited to, any reviews.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and JobShare agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement.  The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with JobShare as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation.  You can reach JobShare’s support department at admin@jobshare.net.  The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the JobShare support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.

Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, breach and indemnity/obligation to hold harmless), the parties’ relationship with each other, and/or your use of the Market shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, or whether a claim is subject to arbitration.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at 360 9th Street, San Francisco, California 94103, ATTN: Legal.

You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.  The prevailing party shall recover the costs of arbitration.  The parties acknowledge that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Arbitration shall be initiated in the State of Arkansas, United States of America, and you and JobShare agree to submit to the personal jurisdiction of any federal or state court in Pulaski County, Arkansas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver:  The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.  YOU AND JOBSHARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception:  Litigation of Intellectual Property and Small Claims Court Claims:  Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).  Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Survival:  This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Market.

GOVERNING LAW

The Terms and the relationship between you and JobShare shall be governed in all respects by the laws of the State of Arkansas, without regard to its conflict of law provisions.  You agree that any claim or dispute you may have against JobShare that is not subject to arbitration must be resolved by a court located in Pulaski County, Arkansas, or a United States District Court, Eastern District of Arkansas, except as otherwise agreed by the parties.  You agree to submit to the personal jurisdiction of the courts located within Pulaski County, Arkansas or the United States District Court, Eastern District of Arkansas, for the purpose of litigating all such claims or disputes that are not subject to arbitration.  You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE MARKET, SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK.  YOU ACKNOWLEDGE AND AGREE THAT JOBSHARE DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO SERVICE USERS AND CUSTOMER USERS.  THE MARKET IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JOBSHARE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS MARKET OR THE SERVICES OFFERED ON OR THROUGH THIS MARKET; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS MARKET, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT.  JOBSHARE MAKES NO WARRANTY THAT THE MARKET OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  JOBSHARE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MARKET.  JOBSHARE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE MARKET.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOBSHARE OR THROUGH THE MARKET, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE MARKET AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MARKET, INCLUDING BUT NOT LIMITED TO ANY SERVICE USERS, SERVICE PROVIDERS OR THIRD PARTIES. YOU UNDERSTAND THAT JOBSHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE MARKET OR TO REVIEW OR VET ANY SERVICES.  JOBSHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE MARKET OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE MARKET. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MARKET AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MARKET, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES.  JOBSHARE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MARKET AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE MARKET, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF JOBSHARE OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.  NEITHER JOBSHARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MARKET WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBSHARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE MARKET, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MARKET OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MARKET; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE MARKET.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF JOBSHARE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, MARKET, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE MARKET OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO JOBSHARE BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold JobShare and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, penalties, arbitration fees, interest and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Market or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any User or user; (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services; (e) the breach of any provision of these Terms and Conditions; (f) the breach of any contract with another User; (g) any tortious injury to a third party caused by a User, or (h) providing false or misleading information in the Market. 

GENERAL

Force Majeure:  Other than payment obligations, no party shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence.  Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries:  You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Notices and Electronic Consent:  You agree that JobShare may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Market.  With your consent, JobShare or Service Users may also contact you by telephone or through text messages.  If you have agreed to receive text messages or telephone calls from JobShare or Service Users, you also consent to the use of an electronic record to document your agreement.  To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device.  For a free paper copy, or to update our records of your contact information, send an email to info@jobshare.net with contact information and the address for delivery.

Entire Agreement:  These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by JobShare on the Market, shall constitute the entire agreement between you and JobShare concerning the Market or Services obtained through the Market.  Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver:  No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and JobShare’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitations:  You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Market or the Services offered therein must commence within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

Section Headings:  The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about these Terms or the Market, please contact us by sending an email to info@jobshare.net, or by writing to JobShare, Inc., 1825 N. Grant st, Little Rock Arkansas, 72207.