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user agreement
terms & conditions

This document was last updated March 13, 2008.

USER AGREEMENT

PLEASE READ CAREFULLY

Agreement & Acceptance

Do not use the web site, services or products until you have carefully read this User Agreement, which contains the terms and conditions for its use ("Terms & Conditions").

Jobu Corporation is the head corporation for InvestASAP.com, LoanASAP.com and other subsidiary companies (hereinafter "Jobu"). By using any services or products or by providing any information to Jobu, its subsidiary web sites, InvestASAP.com and/or LoanASAP.com (hereinafter collectively referred to as the "Site"), you indicate that you agree to the Terms & Conditions contained in this User Agreement and in the Privacy Statement. Jobu will not be liable for any loss or damage arising from your failure to comply with all Terms & Conditions contained in this User Agreement.

This User Agreement is a legally binding agreement between you, Jobu and any third party to whom you provide or allow access to the Site or who otherwise benefit from your use of the Services (as defined below) (collectively sometimes referred to herein as "you" or "your"). Access to the resources, content, software and, if selected by you, services provided on the Site (collectively referred to herein as the "Services") is subject to the Terms & Conditions contained herein. You agree to print a copy of this User Agreement for your files, along with copies of any changes in Terms & Conditions posted to the Site in the future. If you do not agree to the Terms & Conditions, do not use the Site.

Jobu's Role as a Venue Provider / Brokerage Relationship (Agency) Disclosure

The role of Jobu is limited to publishing information provided by Mortgage Brokers and Private Money Investors and providing a venue for communications about various financial transactions.Jobu is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, leasing posted properties and/or loans. Jobu does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Site. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Jobu and any financer of loans. Jobu makes no representations about properties advertised on Jobu , about the Mortgage Brokers of such properties, about the accuracy of information provided by such Mortgage Brokers, or about the financial capabilities of prospective Lenders. Prospective Lenders are advised to perform all due diligence before entering into a contract to finance property, and, all parties are encouraged to seek the help of proper legal counsel.

Third Parties

If you use the Services on a professional basis or for the benefit of any third party, you agree to print a copy of this User Agreement, along with copies of any changes in Terms & Conditions posted to the Site in the future, and deliver such copies to all third parties, and obtain their agreement to the Terms & Conditions in writing. By installing, copying or otherwise using any of the Services for the benefit of any third party, you and each third party agree to be bound by the Terms & Conditions. If any third party does not agree to the Terms & Conditions, you agree not to use these Services for the benefit of that third party.

Changes

As Jobu's business changes from time to time, this User Agreement is expected to change. Jobu reserves the right to amend the User Agreement at any time, for any reason, without notice to you, other than the posting of the amended User Agreement at the Site.Jobu may email periodic reminders of its notices and Terms & Conditions, but you should check the Site frequently to see the current User Agreement in effect and any changes that may have been made to it. Your installation or use of Jobu's products or Services is subject to the User Agreement and Privacy Statement in effect at the most recent time of use. The provisions contained herein supersede all previous notices or statements regarding the Terms & Conditions or use of Jobu's products and Services.

Your continued use of the Site after changes and/or amendments are posted constitutes your acceptance of this agreement as modified. Unless otherwise agreed to in writing between you and Jobu, the Terms & Conditions, currently in place and as amended, shall govern your use of the Site and all Services.

Jobu may establish rules for and limitations on use of the Services. Jobu reserves the right to change these rules and limitations at any time, in its sole discretion, with or without notice to you. Jobu may modify or discontinue, temporarily or permanently, the Services (or any part thereof) and may remove content from the Services, with or without notice to you.Jobu will not be liable to you or to any third party for any modification or discontinuance of the Services or removal of content from the Services.

Affiliates

Use of particular Services, which may be an unaffiliated company, or an affiliate of Jobu, may be subject to additional terms and conditions that will be available in connection with such Services. If you participate in other services provided by or through Jobu that require you to agree to specific terms and conditions electronically (through clicks or other actions) or otherwise, such terms and conditions will be deemed an amendment and will be incorporated into and made part of this Agreement. Unless otherwise noted, all authority granted to, or limitations of liability of, Jobu shall include its agents and representative and any service provider, including PayPal (for certain banking services integrated with a Subscription).

Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that Jobu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services.

The Services may provide links to other World Wide Websites or resources. Jobu has no control over or responsibility for such sites and resources. You agree that Jobu is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, terms and conditions, or other materials on or available from such sites or resources. However, we encourage you to read any applicable terms and conditions or privacy policies at such sites. Jobu provides these links to you only as a convenience.

Registration and Passwords

In order to use certain Services, Jobu requires you to register. In registering, you agree to: (1) provide true, accurate, current and complete information as prompted by the applicable registration form and (2) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Jobu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jobu has the right to refuse any and all current or future use of the Services (or any portion thereof).

During the registration process, you will designate a user name and password. Your password is the key to your account. Use unique numbers and letters and do not disclose your password to anyone. You are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you. If you lose control of your password, you may lose substantial control over your personal information may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify the Site and change your password.

Downloads

All software that you download from Jobu contains encryption technology that is subject to the United States export laws and regulations. The export or re-export of this software is prohibited except as specifically authorized under the Export Administration Act and its regulations ("EAA"). Jobu allows only U.S. citizens or permanent resident aliens to download the software and it is to be used only in the U.S. It is your responsibility to ensure that you comply with the EAA.

Privacy Statement

Information that you provide to Jobu via the Site is subject to our Privacy Statement. Please read it in full by going to http://www.LoanASAP.com/Privacy.asp. If you object to anything in our Privacy Statement, please do not use our Services.

User Content

Certain areas of the Site may allow users to upload and post content (collectively, "User Content"). You understand and expressly agree that Jobu assumes no responsibility or liability for any User Content and that you are solely and entirely responsible for any User Content you provide on the Site.Jobu does not control the User Content you post and as such assumes no responsibility for the accuracy, integrity or quality of such User Content.Jobu reserves the right to remove any User Content on the Site at any time and for any reason. Jobu is not responsible if the User Content you post contains errors or omissions, is offensive, objectionable, defamatory or otherwise violates any intellectual property right or any other proprietary right of a third party; or for loss or damage of any kind incurred as a result of such User Content.

You agree to use the Site only for lawful proposes, and in a manner which does not infringe on the rights, or restrict, or inhibit the use and enjoyment of the Site by any third party. Specifically, while using the Site you agree not to violate any laws, third party rights, or our policies.

You agree not to post, email, or otherwise make available User Content:

that is unlawful, harmful, obscene, pornographic, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates the Fair Housing Act by stating a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that impersonates any person or entity, including, but not limited to, a Jobu employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed to users who have not indicated in writing that it is OK to contact them about other services, products or commercial interests.
that includes links to commercial services or websites, except as allowed in "Services";
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.

Additionally, you agree not to:

use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
fail to deliver appropriate information that has been properly requested, unless the Mortgage Broker/Lender has materially changed the item's description after the request has been made, a clear typographical error is made, or you cannot authenticate the requester's identity;
manipulate the details of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to the Site;
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to the Site);
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by Jobu;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than once;
attempt to gain unauthorized access to Jobu's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or Site;
use multiple logins for the same Services;
use any form of automated device or computer program that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or
transfer your account (including feedback) and User ID to another party without Jobu's consent;

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You agree not to use the Services unless you are either a citizen of the Unites States or currently reside in the United States. If you are posting information on the Site, you agree to use American English as the sole language on your posting.

Fees

The payment of all applicable fees and charges to Jobu and its affiliates must be made as provided on the Site and, except as otherwise provided herein; all fees and charges are non-refundable. All fees, taxes and charges are non-refundable. There will be no refunds or credits for partially used periods, unless required by applicable law. Jobu may change the fees and charges in effect, or add new fees and charges from time to time, but Jobu will give you advance notice of these changes by posting a notice in your Account Menu or by email.

Credit Card Billing and Automatic Renewal

By subscribing to a Subscription Service, you are expressly agreeing that Jobu is permitted to bill you a yearly subscription fee. Any other charges you may incur in connection with your use of the Subscription Service as well as applicable tax may also be billed at that time. As used in these Terms & Conditions of Service, "billing" shall indicate a charge against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE. The subscription fee will be billed at the beginning of your subscription and on each yearly renewal thereafter unless and until you cancel your subscription.

Jobu will automatically bill your Payment Method each year on the calendar day corresponding to the day you subscribed, without prior notice to you, unless you cancel your subscription at least 20 days before your renewal date. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information on the Site. If your Payment Method reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, Jobu shall have the right to terminate or suspend your subscription and your access to the Subscription Service, and has the right to use appropriate legal resources to collect any debt.

Credit Card Security

Credit card information collected is encrypted through Secure Sockets Layer (SSL) before it is transmitted over the Internet. For your security, and in order to comply with credit card association regulations, we do not store your three or four-digit credit card security code. Nor do we store your full credit card number in our database.Jobu fully cooperates with law enforcement agencies in identifying those who use our Services for illegal activities and may, in our sole discretion, disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request. We reserve the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the Site, or to protect the rights or property of Jobu, its affiliates, or any of their officers, directors, or employees, agents, third-party content providers, suppliers, sponsors, or licensors . We also reserve the right to report to law enforcement agencies any activities we reasonably believe, in our sole discretion, to be unlawful.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Resale of Services

You agree not to reproduce, copy, duplicate, license, sublicense, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Services, or access to the Site and Services without prior written, explicit and express permission from Jobu.

Notices

Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices to you on the Services. You are responsible for keeping Jobu apprised promptly of any change in your email address, mailing address and/or phone number so that you can be provided with any notices that Jobu wishes to send to you.

Cancellation

You may cancel your subscription to a Subscription Service at anytime, and cancellation will be effective at the end of the year during which you notify Jobu of your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. To cancel, call our support center and follow any given instructions.

Termination

Jobu, in its sole discretion, may terminate your Subscription and/or use of the Services for any reason without prior notice to you. You acknowledge and agree that Jobu may immediately deactivate or delete your user account and all related information and files in your user account and/or bar your further access to the Services.Jobu will not be liable to you or any third party for any termination of your access to the Site and/or use of the Services. In such event, Jobu may, at its sole discretion, provide a pro-rata return of your subscription fee, but not the setup fee, based on the unused portion of your subscription.

Liabilities

Jobu has no responsibility or liability for damages or claims relating to your use of the Services on a professional basis or any other use for the benefit of any third party. Nor are we responsible for the users of the Site and their actions or in-actions. We try, to the best of our ability, to verify the identity of the users of our Site, but we cannot be held responsible for their actions, whether verified or unverified through our system. You are responsible for acquiring and maintaining all equipment, computers, software and communications services relating to the access of the Site and use of the Services, and for all expenses relating thereto.

The failure of Jobu to exercise or enforce any right or provision of the Terms & Conditions or this User Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions or the User Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the arbitrator should give effect to the parties' intentions as reflected in the provision, and all other provisions will remain in full force and effect. You may not assign the Terms & Conditions or any of your rights or obligations under the Terms & Conditions without Jobu's express written consent. The Terms & Conditions inure to the benefit of Jobu's successors, assigns and licensees. The section titles in the Terms & Conditions are for convenience only and have no legal or contractual effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the terms and conditions contained in this User Agreement must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, successors, assigns, joint ventures and employees) from claims, demands and damages (actual and consequential) 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 California Civil Code �1542, which says: "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."

Limitations On Service

You acknowledge that Jobu may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by Jobu, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that Jobu has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Jobu reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Jobu shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Jobu's Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets.

You acknowledge and agree that the Services and any content used in connection with the Services, including any software accessible through the Site (collectively referred to herein as the "Software"), contain Jobu proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.Jobu product and Services names and design logos are trademarks and/or service marks of Jobu (the "Jobu Marks"). As between you and Jobu, Jobu shall own all right, title and interest in and to the Services, subject only to the express licenses granted herein.

Subject to the Terms & Conditions, Jobu grants you a personal, non-transferable and non-exclusive right and license to use one copy of the Services only on a single computer or terminal. You may make a single backup copy of the Software for your own archives. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, rent, loan, establish a hyperlink to, frame within any website, distribute, create a derivative work of, reverse engineer, disassemble,decompile , reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. Without Jobu's prior permission, you agree not to display or use the Jobu Marks in any manner. Jobu reserves all patent, copyright, trade secret, trade name, trademark, license and other proprietary rights related to its Software, Services and products and you shall not infringe upon or violate such rights.

The license provided herein shall automatically terminate on the date Jobu decides to remove or terminate the Services. In addition, your license shall terminate immediately if you breach any of the Terms & Conditions and Jobu is entitled to enforce its rights under this User Agreement by an action for damages or by specific performance, injunctive or other equitable relief. Upon such termination of your license, you must immediately uninstall the Software from your computer, return it to Jobu and destroy all backup copies. This User Agreement does not limit any rights that Jobu may have under trade secret, copyright, patent or other laws.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOBU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED TO OR IN CONNECTION WITH THE SERVICES.

JOBU MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR EXPECTATIONS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (3) ANY ERRORS IN THE SERVICES WILL BE CORRECTED, OR (4) THAT THE SERVICES OR SOFTWARE ARE SECURE, FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU. IN THAT EVENT, EXCEPT AS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF THE SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

ALL WARRANTIES AND GUARANTEES GIVEN OR MADE BY JOBU WITH RESPECT TO THE SERVICES (1) ARE FOR THE BENEFIT OF THE REGISTERED USER OF THE SERVICES ONLY AND ARE NOT TRANSFERABLE, AND (2) SHALL BE NULL AND VOID IF YOU BREACH ANY TERMS & CONDITIONS OF THIS USER AGREEMENT.

THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFLECTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD OR SERVICES, WHETHER FOR BREACH OF CONTRACT,TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Indemnity

You agree to indemnify, defend and hold harmless Jobu, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys' fees and legal costs) arising out of or related to any User Content that you upload or post to the Site, including, but not limited to, any third party claim that the User Content (or any part thereof) you uploaded or posted infringes any copyright, trademark, trade name or patent rights of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right; or otherwise arising out of or related to your use of the Services or your violation of the Terms & Conditions.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU AGREE THAT THE MAXIMUM LIABILITY OF JOBU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE SERVICES. YOU AGREE THAT JOBU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOBU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT BY ANYONE OTHER THAN JOBU ; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE LIMITATIONS OF DAMAGES AND LIABILITY PROVIDED HEREIN ARE MATERIAL ELEMENTS OF THIS USER AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT JOBU WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, JOBU HAS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR CLAIMS RELATING TO ANY USE OF JOBU'S SOFTWARE, PRODUCTS OR SERVICES ON A PROFESSIONAL BASIS, AND YOU AGREE TO INDEMNIFY JOBU AGAINST ANY CLAIMS RELATING TO SUCH USE. YOU ALSO AGREE NOT TO HOLD OR TRY TO HOLD JOBU LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES OR PROVISION OF SERVICES TO ANY THIRD PARTY.

Resolution of Disputes

If a dispute arises between you and Jobu, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Jobu agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling or emailing our support center. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Jobu must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section,Jobu may recover attorneys' fees and costs up to $1000, provided that Jobu has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Contacting Jobu

If you have any questions about this user agreement, the practices of the Site or your dealings with the Site, complete the contact form in the Contact Us section of our Site and we will respond within 24-48 hrs.