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Terms of Service

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING JOBITIS OR JOBITIS.COM.

BY USING JOBITIS OR JOBITIS.COM'S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT WHICH JOBITIS OR JOBITIS.COM MAY MAKE AT ANY TIME. BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.

1. Contact Information

Jobitis.com
P.O. Box 823, Hunter, NY
12442

Customer Service
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Telephone: 1-646-807-8075
Website: www.Jobitis.com

2. Copyright

All content on Jobitis.com is © 2009-2010 by Jobitis unless otherwise noted. All rights reserved.

3. Definitions

  • "Access" or "Accessing" means accessing, using, viewing the content or otherwise obtaining information on the Site.

  • "Agreement" or "Terms" refers to these Terms and Conditions of Use and any subsequent modifications.

  • "Coaching" means the real-time or phone based coaching services provided by third party coaches accessing the Jobitis or Jobitis.com site

  • "Jobitis.com" or "Jobitis" refers to a New York company.

  • "User" refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, "User" refers to You and Your principal.

  • "Member" refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, "Member" refers to You and Your principal.

  • "Website" or "Site" refers to the website maintained on the World Wide Web by Jobitis or Jobitis.com, available at http://www.Jobitis.com.

  • "You" or "Your" refers to the User. If You are Accessing the Site as an employee or agent of another, "You" or "Your" refers to the User and the User’s principal.

4. Trademarks

Jobitis or Jobitis.com graphics, logos, designs, page headers, button icons and service names are registered trademarks, trademarks or trade dress of Jobitis or Jobitis.com in the U.S. and/or other countries. Jobitis or Jobtis.com’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Jobitis or Jobitis.com.

5. Modification of Terms

Jobitis or Jobitis.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Jobitis or Jobitis.com gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

6. Fees and Refund Policies

Single and Multi-User Subscribers

  • Fees are non-refundable; except if the customer has not started the counseling, and then may receive a full refund of the fees

  • Discounts, rebates or other special offers only valid during the term

  • Jobitis or Jobitis.com may terminate the purchase based on inaccurate or outdated credit card information

Coaching Services

  • Access to assigned Coaches

  • Fees are non-refundable

7. Gift Subscriptions

A person can purchase the gift subscription on the Site. After a person purchases a gift subscription, Jobitis or Jobitis.com will send a welcome email to the recipient informing them of the gift subscription.

Gift Subscription Terms and Conditions

  • No refunds

  • No surrender for cash value

  • A recipient’s use of a gift subscription constitutes acceptance of and agreement to these Terms

8. Access to Jobitis.com

From time to time, customers may be unable to Access parts or all of the website due to conditions beyond Jobitis or Jobitis.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the website to its customers, Jobitis or Jobitis.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Jobitis or Jobitis.com endeavors to provide the highest quality content to its customers. To that end, Jobitis or Jobitis.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

9. Coaching Services

At Jobitis or Jobitis.com we are committed to making your total coaching experience a positive one. Upon entering your information and being assigned a coach and/or professional coaching services, we will provide you access to the selected Coach. Although we take certain steps to examine the credentials of our listed coaches, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you. Jobitis or Jobitis.com does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed.

10. Resolution Process and Limited Guarantee

While we cannot guarantee the work performed by a coach, and while we have no obligation to you with regard to your relationship with a coach, the Jobitis or Jobitis.com resolution process has been developed to try and assist you in resolving any problems that may arise in the course of service. Should you have a dispute with any coaches, you must address such dispute with the coaches directly. In the extremely rare instance of a dispute between a user and a coach, we are here to help both parties resolve the matter as best we can. Jobitis or Jobitis.com does not, however, get involved in any legal disputes between our coaches and our users.

11. Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following "Prohibited Conduct":

  1. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.

  2. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Jobitis or Jobitis.com’s computers, servers or databases.

  3. Permit or provide others Access to Jobitis.com using Your e-mail and password or otherwise, or the name and password of another authorized User.

  4. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.

  5. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.

  6. Transfer the Site content to another person; "frame", "mirror", "in-line link", or employ similar navigational technology to the Site content; or "deep link" to the Site content.

  7. Violate or attempt to violate Jobitis or Jobitis.com’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.

  8. Engage in any other conduct which violates the Copyright Act or other laws of the United States.

  9. Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Jobitis or Jobitis.com.

  10. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.

  11. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Jobitis or Jobitis.com.

  12. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.

  13. Advertise or otherwise solicit funds, goods or services on the Site.

  14. Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, Jobitis or Jobitis.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to any person or entity whose use of the website suggests Prohibited Conduct. Access of the materials available at Jobitis.com beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the website and will result in revocation or denial of Access to the website. The terms "normal patterns" and "abuse" shall be determined solely by Jobitis or Jobitis.com.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

12. Limited Warranties

Jobitis or Jobitis.com provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site.

13. Disclaimers and Limitation of Liability

User Accesses this site at his/her/its own risk. The site is provided on an "as is, as available" basis without warranty of any kind (beyond the warranties set forth in section 12), expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Jobitis or Jobitis.com does not warrant any particular result from use of the software or site. Jobitis or Jobitis.com does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Jobitis or Jobitis.com or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Jobitis or Jobitis.com received from the customer, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses. In no event will Jobitis or Jobitis.com be liable for any damages in excess of the amount Jobitis or Jobitis.com received from the customer for services rendered, even if Jobitis or Jobitis.com shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Jobitis or Jobitis.com, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Jobitis or Jobitis.com is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
No dealer, agent, or employee of Jobitis or Jobitis.com is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers.

Jobitis or Jobitis.com disclaims all warranties, and shall have no liability for damages in excess of the amount Jobitis or Jobitis.com received from the subscriber, arising from or related to any support services for your use of the site.

The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

14. Third Party Content; Hyperlinks

You acknowledge that Jobitis or Jobitis.com does not pre-screen third party materials. Jobitis or Jobitis.com is not the publisher or author of any information on the Site that is provided by third party content providers, and Jobitis or Jobitis.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Jobitis or Jobitis.com’s use of the content constitutes neither an endorsement nor a recommendation by Jobitis or Jobitis.com of the content. Jobitis or Jobitis.com assumes no responsibility for third party products or services.

Jobitis or Jobitis.com may contain links and references to other third party websites and materials. Jobitis or Jobitis.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Jobitis or Jobitis.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Jobitis or Jobitis.com may disable any hyperlink to the Site. Jobitis or Jobitis.com has the right but not obligation to monitor third party websites and hyperlinks to the Site. Jobitis or Jobitis.com makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, Jobitis or Jobitis.com does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

15. Indemnification

User agrees to defend, indemnify and otherwise hold harmless Jobitis or Jobitis.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

16. Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site. Jobitis or Jobitis.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Jobitis or Jobitis.com may suspend Your Access while it conducts an investigation. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your e-mail and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

You may not use the account, e-mail or password of someone else at any time. You agree to notify Jobitis or Jobitis.com immediately of any unauthorized use or loss of Your account, e-mail, password and/or credit card information. You also agree to notify Jobitis or Jobitis.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Jobitis or Jobitis.com will not be liable for any loss that You incur as a result of someone else using Your e-mail and password with or without Your knowledge. You may be held liable for any losses incurred by Jobitis or Jobitis.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, e-mail or password.
Jobitis or Jobitis.com will never ask You for Your password. If you need a new e-mail and/or password, Jobitis or Jobitis.com will generate a link to reset your password automatically through its computers and send it to your e-mail.

17. Termination of Agreement

In addition to Jobitis or Jobitis.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Jobitis or Jobitis.com may also terminate Access to the without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Jobitis or Jobitis.com deems inappropriate.

18. Privacy Policy

Jobitis or Jobitis.com values Your trust. In order to honor that trust, all of Jobitis or Jobitis.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review Jobitis or Jobitis.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

19. Miscellaneous

These Terms constitute the entire agreement between Jobitis or Jobitis.com and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Jobitis or Jobitis.com and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Jobitis or Jobitis.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Jobitis or Jobitis.com’s remedies are cumulative and not exclusive. Failure of Jobitis or Jobitis.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Jobitis or Jobitis.com makes no representation that the content of the Site is appropriate or available for use in all locations. Jobitis or Jobitis.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Jobitis or Jobitis.com cannot provide notifications via post, only e-mail.

20. Governing Law; Dispute Resolution; Forum and Venue

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by New York law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Jobitis or Jobitis.com shall be finally resolved through binding arbitration in New York, NY or Greene County, NY. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator.The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

Effective Date: 30-Sept-2009

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