This Job Journals Subscriber Agreement (“Agreement”) is a legal document that explains your rights and obligations as a subscriber of Job Journals from Enticio, LLC (“Enticio”), a registered business under the laws of the State of Massachusetts, with its registered location at 1005 Trapelo Road, MA 02452, United States. Please read it carefully.
1. REGISTRATION AS A SUBSCRIBER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT, ACCEPTANCE OF AGREEMENTS
Job Journals is an online service offered by Enticio. You become a subscribing member of Job Journals by completing the registration of a Job Journals user account as part of purchasing a subscription product. This Agreement takes effect as soon as you indicate your acceptance of these terms.
A. Contracting Party
For any interaction with Job Journals, your contractual relationship is with Enticio. Except as otherwise indicated herein or at the time of the transaction (such as in the case of purchases from another person as a gift subscription), any transactions for Subscriptions (as defined below) you make on Job Journals are being made with Enticio.
B. Subscriptions; Content and Services
As a Subscriber you may obtain access to certain services, software and content available to Subscribers of Job Journals. The Journals client software, updates you access via Job Journals, are referred to in this Agreement as “Content and Services;” the rights to access and/or use any Content and Services accessible through Job Journals are referred to in this Agreement as “Subscriptions.”
Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription Package (“Subscription Terms”) (for example, the limitations of a given Package will be specific to a particular Subscription, which carries terms of use and limitations specific to a particular product or set of features of the Job Journals software). Also, additional terms (for example, payment and billing procedures) are understood to be a condition and limitation of the Job Journals product subscription license (“Rules of Use”). Rules of Use also include usage only for its intended purpose and explicitly forbids any efforts to reverse engineer or otherwise discover hidden or undisclosed features of the system. Any and all of these activities revoke all licenses (at the discretion of Enticio) and payments become ineligible for refund.
The Subscription Terms and the Job Journals Privacy Policy (which can be found at http://www.jobjournals.com/privacy) are binding on you once you indicate your acceptance of them or of this Agreement, or otherwise become bound by them as described in Section 8 (Amendments to this Agreement).
C. Your Account
When you complete the Job Journal registration process, you create a Job Journals account (“Account”). Your Account may also include billing information you provide to Job Journals (Enticio) for transactions concerning Subscriptions, Content and Services and the purchase of any gift products through the online shopping portal. You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by Enticio. You are responsible for the confidentiality of your login and password and for the security of your computer system. Enticio is not responsible for the use of your password and Account or for any communication activity that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from Enticio’s negligence or fault, Enticio is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify Job Journals via email at ‘support@jobjournals.com’ without delay.
Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by Enticio.
D. Acceptance of Agreements
Your order through Job Journals is an acceptance of all terms to Enticio and an agreement on the delivery of the ordered Subscriptions, Content and Services (the “Product(s)”) in exchange for the listed price.
When you place an order with Job Journals, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order and confirms your acceptance of the offer to enter into an agreement.
In the case of Content and Services, we accept your offer, and conclude the agreement with you, by confirming the transaction and making the Content and Services available to you or, in the case of gift orders, you confirm your agreement by completing the transaction and deducting the applicable price from your payment method.
You consent to receiving sales invoices electronically.
E. Payment Processing
Payment processing related to Content and Services purchased on Job Journals is performed by a Job Journals affiliate who handles financial transaction processing.
2. LICENSES
A. General Content and Services License
Enticio, under the Job Journals trademark, provides access over the Internet to Content and Services from your computer; access may be available, but is provided on an “as is” basis for mobile devices (tablets and phones, etc.). Enticio hereby grants, and you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. And while Enticio retains all copyrights and patents, Content may also refer to media, text, images and audio delivered as part of your use of the Subscription. Data and information provided by you remains yours under the condition that your ownership is compliant with all applicable copyright, free to use, or other “fair use” doctrines. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Job Journals Account, an active Subscription in good standing and a connection to the Internet.
3. BILLING, PAYMENT AND SUBSCRIPTIONS
A. Payment Authorization
When you provide payment information to Enticio or to one of its payment processors, you represent to Enticio that you are the authorized user of the card, key or account associated with that payment, and you authorize the charge to your credit card or to process your payment with the chosen third-party payment processor for any Subscription or other fees incurred by you.
For Subscriptions ordered based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that Enticio is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have ordered any Recurring Payment Subscriptions, you agree to promptly update your account with any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify Enticio promptly if your credit card or other payment account expires or is cancelled for any reason.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, Enticio may terminate your access to your Account.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Recurring Payment Subscription, Enticio reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before you may be allowed to register again at the discretion of Job Journals. All cancellations relate to recurring charges only. All Subscriptions are auto-renewing, so cancelling a Recurring Payment Subscription will end any recurring charges when the Subscription period ends. All Subscriptions are active for a fixed period and renew when that period expires. Cancelling an active Subscription ends automatic renewal and prevents any new charges from occurring when the period currently in force expires. Gift Subscriptions do not renew and do not apply.
C. Refunds and Right of Withdrawal
All Recurring Payment Subscriptions come with a trial period and can be cancelled for a full refund during that period. All other purchases are final when the transaction completes. Should there be a need, any and all remedies are limited to a refund of the purchase price at the discretion of Enticio.
4. ACCOUNTS AND SUBSCRIPTIONS
- User Accounts
Accounts are created as the result of a registration process during the purchase of a Recurring Payment Subscription or a Gift Subscription. User Accounts are separate and apart from Subscriptions and may continue to exist after a Subscription expires. This is for the purpose of allowing a User to manage the activation and deactivation of their Subscriptions.
- Recurring Payment Subscriptions are of a fixed period, either monthly or annually and they automatically renew. When the Subscription expires, it will automatically renew at the currently-posted rate for that Subscription unless cancelled.
- Gift Subscriptions are of a specified, fixed period at which time, the Subscription will expire.
- Users will have access to their account even after a Subscription expires and if the account is held in good standing, they will have the option to add a new Subscription to their account if they so choose. Accounts that have no active Subscriptions will not have access to the Job Journals Application Workspace, which is provided as part of an active Subscription in good standing.
- Subscriptions are transactional in that they are an Agreement to acquire a Service for a fixed period. Cancelling a Subscription serves to affect automatic renewals only as it does not affect the duration of the current Subscription in force. Such a Subscription will remain in force and the User will continue to have access for the duration of the Subscription period until expiration. At that time, a cancelled Subscription will not renew.
6. USER GENERATED CONTENT
A. Representations and Warranties
You represent and warrant to us that you have sufficient rights in all User Generated Content to grant all affected parties the licenses described under A. and B. above or in any license terms specific to the applicable Workshop-Enabled App or Workshop page. This You furthermore represent and warrant that the User Generated Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.
7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES; LIMITED WARRANTY & AGREEMENT
Prior to acquiring a Subscription, you should consult the product information made available on Job Journals, including Subscription description, pricing and terms.
A. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENTICIO AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR JOB JOURNALS, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO ENTICIO , THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, INCLUDING NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. ENTICIO, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
B. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ENTICIO, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF ENTICIO’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE JOB JOURNALS, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ENTICIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH JOB JOURNALS, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF ENTICIO’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF ENTICIO’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF ENTICIO, ITS LICENSORS, AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE SUBSCRIPTION PRICE.
C. NO GUARANTEES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ENTICIO NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE JOB JOURNALS SOFTWARE, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTION(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.
8. TERM AND TERMINATION
A. Term
The term of this Agreement (the “Term”) commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You
You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that Job Journals terminate your access to a Subscription. However, Subscriptions are not transferable, and even in the case of a gift subscription, if your access to the application is terminated, the redemption code will not be able to be redeemed for any other account. Access to Subscriptions ordered as a part of a pack or bundle cannot be terminated individually, termination of access to one part of the bundle will result in termination of access to all parts associated with the package. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including any fees.
C. Termination by Enticio (Job Journals)
Enticio may restrict or cancel your Account or any particular Subscription(s) at any time in the event that (a) Job Journals ceases providing such Subscriptions to similarly situated Subscribers generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is restricted or terminated or cancelled by Enticio for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees will be granted. Grounds for termination may include using the software in ways that it is not intended, or in ways that affect the performance of the system or degrade the experience for other users.
10. APPLICABLE LAW/JURISDICTION/ISSUE RESOLUTION
Most user concerns can be resolved through the use of Job Journals email support at support@jobjournals.com.