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Submission: On November 16 via api from DE — Scanned from DE
Effective URL: https://www.jobnimbus.com/
Submission Tags: tranco_l324
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Privacy Policy
INFORMATION COLLECTION & USE REGISTRATION
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.
SURVEYS OR CONTESTS
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.
TELL-A-FRIEND
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.
USES OF INFORMATION
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.
SPECIAL OFFERS AND UPDATES
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.”
NEWSLETTERS
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.”
SERVICE-RELATED ANNOUNCEMENTS
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.
CUSTOMER SERVICE
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.
PROFILE
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.
LEGAL DISCLAIMER
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.
CHOICE AND OPT-OUT
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.
LOG FILES
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.
COOKIES
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.”
CLEAR GIFS (WEB BEACONS/WEB BUGS)
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.”
THIRD-PARTY ADVERTISERS
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.
LINKS TO OTHER SITES
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.
BULLETIN BOARDS/CHAT ROOMS
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.
ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION
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.
SECURITY
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.
BUSINESS TRANSITIONS
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.
LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION (EEA CUSTOMERS/VISITORS
ONLY)
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 DATA PROTECTION RIGHTS AND CHOICES
Your rights are as follows:
* If at any time you desire access to your personal information collected by
JobNimbus, you can do so by contacting us at support@jobnimbus.com
* You reserve the right to correct, update, or request deletion of your
personal information collected by JobNimbus. For most information, you can do
so by logging into your account. For any other information, you can contact
us for assistance.
* Residents of the EEA can object to the collection and processing of your
personal information, restrict collection and processing, and, where
technically possible, request portability of your personal information by
contacting our support team.
* Your consent to the collection and processing of your personal information
can be withdrawn at any time. The lawfulness of any processing conducted
prior to your consent withdrawal will not be affected, nor will it affect
processing of your personal information which was conducted in reliance on
lawful processing grounds other than consent.
* You maintain the right to complain to a data protection authority about our
collection and use of your personal information. You will find the contact
details for data protection authorities over the EEA, certain non-European
countries (including the United States and Canada), and Switzerland here.
CHANGES IN THE PRIVACY STATEMENT
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.
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Terms and Conditions
ONLINE TERMS OF USE
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 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.
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 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.
ACCOUNT REGISTRATION AND PASSWORD PROTECTION
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.
TRANSACTIONS WITH DEVELOPERS
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 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 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.
LINKS TO THIRD PARTY SITES
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
Your use of the Site is governed by the JobNimbus Privacy Policy that is
available here (the “Privacy Policy”).
TRADEMARKS AND COPYRIGHTS
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.
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, 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, 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.
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.
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 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.
ANNUAL MEMBERSHIPS
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.
CONTACT
By signing up, you agree to allow a JobNimbus representative to contact you.
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 JobNimbus service to you.
UNLIMITED 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.
PAYMENTS
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.
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.
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
5. 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
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 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.”
PARTNERS
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.
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