Effective Date: 10/15/2012
THESE TERMS EXEMPT JOMSOM AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
EACH TIME YOU USE THE SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THESE TERMS WHICH APPEAR AT THE TOP OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
Accuracy, Completeness and Timeliness of Information
The information and features on the Site do not constitute binding offers of employment. Jomsom does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Likewise, because content and information may be provided by Site users rather than by Jomsom, Jomsom cannot guarantee that the information and content presented is entirely accurate, complete, timely, or authentic. Although Jomsom makes reasonable efforts to ensure that all information included on the Site is correct, accuracy and integrity cannot be guaranteed and Jomsom does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Site. Jomsom is under no obligation to post, forward, transmit, distribute or otherwise provide any information and/or material available from the Site.
Regardless of any information presented on the Site, Jomsom reserves the right, without prior notice, to discontinue services, remove or alter content, or retract positions at any time without incurring any obligations. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.
Use of the Site
All content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, any intellectual property held by Jomsom, and the selection and arrangement of any of these, are the exclusive property of Jomsom, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws. The copying, downloading and/or printing of information and/or material included on the Site, other than as otherwise expressly permitted by Jomsom, is for User’s personal and noncommercial use only and is conditioned on User’s prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information and/or material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. Jomsom retains full and complete title to the information and material provided on the Site, including all associated intellectual property rights. Jomsom neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with Jomsom.
Improper use of information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. Users may not interrupt or attempt to interrupt the operation of the Site in any way and Jomsom reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which Jomsom may be entitled at law or in equity.
User hereby acknowledges responsibility for any information and/or material submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law, or (iii) contains software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” may not be uploaded to, distributed or otherwise published through the Site. Users may not provide false e-mail address or other personally identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content, their identity, or their education, background and job qualifications. Users may not upload commercial content onto the Site.
The Site may contain links to other websites which are provided only as a convenience and as an additional avenue of access to the information contained therein. Jomsom has not necessarily reviewed all of the information on the other websites as mentioned on the Site and is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites and different terms and conditions apply to the use of any linked websites. Jomsom is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Site.
Jomsom’s intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of Jomsom, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Jomsom reserves all rights not expressly granted in and to the Site and its content.
USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. JOMSOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT USER’S SOLE RISK AND DISCRETION. EACH USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOMSOM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. JOMSOM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.
LIMITATION OF LIABILITY
JOMSOM MAKES THE SITE AVAILABLE AT NO CHARGE AND, BY USE OF THE SITE, USER HEREBY ACKNOWLEDGES THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. USER UNDERSTANDS AND ACKNOWLEDGES FULL RESPONSIBILITY FOR USE OF THE SITE AND THAT SUCH USE IS AT HIS/HER SOLE RISK AND DISCRETION; JOMSOM, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, JOMSOM’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JOMSOM OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT JOMSOM, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE SITE. USERS OF THE SITE’S SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH JOMSOM IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. USERS OF THE SITE AND JOMSOM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by litigation in the Courts of New Jersey or the United States District Court, District of New Jersey.
You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Jomsom, which may be withheld in Jomsom’s discretion. Jomsom may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
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