Jobble Pro Terms of Service
Effective Date: January 6, 2026
Acceptance
These Jobble Pro Terms of Service (“Pro Terms”) constitute a binding legal agreement between you (the “Service Professional,” “Pro,” “you,” or “your”) and Jobble, Inc. (“Jobble,” “we,” “our,” or “us”) governing your access to and use of the Jobble Pro platform, related websites, mobile applications, software, and associated services (collectively, the “Pro Services” or “Platform”).
By registering for, accessing, or using the Pro Services, you acknowledge that you have read, understood, and agree to be bound by these Pro Terms, our Privacy Policy, and any other policies incorporated by reference (collectively, the “Agreement”). If you do not agree to these Pro Terms, you may not access or use the Platform.
You authorize Jobble, consistent with applicable laws (including the Fair Credit Reporting Act (FCRA)), to use your information to conduct identity verification, background checks, and/or business credit checks through third-party vendors.
These Pro Terms apply exclusively to Service Professionals who receive, purchase, or act upon leads or other Pro Services through Jobble Pro. They are separate from, and in addition to, Jobble Inc. Terms of Service or general user Terms.
Modifications
Jobble may modify these Pro Terms or other incorporated policies at any time in its sole discretion. We will post updated versions on the Platform and may also notify you by email or through your account. Your continued use of the Platform after such date constitutes acceptance of the modified terms. If you do not agree to any modification, you must cease using the Platform.
Definitions
- Lead means a potential customer inquiry or contact information distributed by Jobble to you based on your preferences, profile, and territory. Jobble does not guarantee any specific number, quality, or conversion of Leads.
- Charge or Fee means any amount you are obligated to pay Jobble for the distribution of Leads or other Pro Services.
- Credit means a monetary or equivalent value issued by Jobble to offset future Charges.
- Refund means a return of funds to your payment method for a Charge, under limited circumstances as described in these Pro Terms.
- Personal Data / PII means any information that identifies or relates to an individual, including names, emails, phone numbers, addresses, and similar identifiers.
- Account means your Jobble Pro account used to access and manage your use of the Platform.
- Service Period means the period during which Jobble provides Lead distribution or other Pro Services.
Eligibility and and Registration
- Jobble is not a party to any contract between you and a consumer.
- All engagements, transactions, and communications with consumers are solely between you and the consumer.
- Jobble makes no warranty or guarantee regarding any Lead, consumer, or the success of any Pro Services engagement.
Payment Method Requirements
Service Professionals are independent businesses. Nothing in this Agreement creates a partnership, joint venture, employment, franchisor-franchisee, or agency relationship between you and Jobble.
Lead Distribution and Use
Jobble will distribute Leads to you based on your active requests, preferences, and service areas. You agree to:
Use each Lead solely for legitimate business purposes related to offering or providing Pro Services.
- Not resell, share, or distribute Leads or consumer data to third parties, except as necessary to fulfill the consumer’s request.
- Comply with all applicable laws and regulations, including those governing privacy, telemarketing, and consumer protection.
Leads are provided “as is,” without guarantee as to accuracy, quality, or outcome. Jobble is not responsible for consumer responsiveness or actions.
Charges, Billing, and Payment
Payment Method Requirements
Use of Pro Services, including the distribution of Leads, is subject to applicable Charges as displayed on the Platform or set forth in a written agreement between you and Jobble. You authorize Jobble to charge your designated payment method (e.g., credit card, ACH) for all Charges incurred.
Charges may accrue on a per-Lead, subscription, or other billing basis. You remain responsible for all Charges, even if payment fails or your account is suspended.
Payment Methods and Defaults
You must maintain at least one valid payment method on file. If the default payment method fails, Jobble may charge any backup method linked to your account. Your payment provider may share updated card details with Jobble to avoid interruption of service.
Delinquency
If payment is late or fails, Jobble may suspend or terminate your account, withhold Leads, or pursue lawful remedies including collections and recovery of reasonable attorneys’ fees. Jobble may communicate about delinquent accounts by email or phone.
Data Handling and Privacy
You agree to handle all consumer data and Personal Information (PII) you receive through the Platform in accordance with applicable privacy and data protection laws, including the California Consumer Privacy Act (CCPA) and similar statutes.
You agree to:
- Use PII solely for the purpose of contacting and servicing Leads distributed through Jobble.
- Implement appropriate safeguards to prevent unauthorized access, disclosure, or misuse.
- Not sell, share, or disclose PII to any third party except as necessary to fulfill a consumer’s request.
- Promptly notify Jobble of any actual or suspected data breach involving PII obtained from the Platform.
- Delete or destroy PII upon request or upon termination of your Pro account, unless retention is required by law.
Insurance and Risk
You acknowledge that home-service work may involve physical and property risks. You assume all risks and agree that Jobble has no liability for injuries, damages, theft, loss, or accidents arising out of your services. You are solely responsible for maintaining adequate insurance.
Intellectual Property
All intellectual property rights in the Platform, including Jobble trademarks, logos, and Jobble Content, are and remain the exclusive property of Jobble and its licensors. No rights are granted to you except as expressly provided herein. You may not copy, reproduce, modify, distribute, or create derivative works from the Platform or Jobble Content without prior written consent,
Suspension and Termination
Jobble may, in its sole discretion and without prior notice, limit, suspend, deactivate, or terminate your account for any reason, including but not limited to:
- Violation of these Pro Terms;
- Failure to pay Charges;
- Fraudulent, abusive, or unlawful activity;
- Risk or harm to consumers or the Platform.
Upon termination, you lose access to your account and any unused Credits. You remain responsible for outstanding Charges. You may cancel your account at any time by written notice to Jobble.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBBLE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, GOODWILL, OR SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR PRO SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
IN NO EVENT WILL JOBBLE’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF CHARGES YOU PAID TO JOBBLE IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
THE PLATFORM, LEADS, AND ALL PRO SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” JOBBLE DOES NOT WARRANT THAT LEADS WILL RESULT IN SALES, REVENUE, OR PROFIT. JOBBLE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
Indemnification
You agree to defend, indemnify, and hold harmless Jobble and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your violation of these Pro Terms;
- Your use of Leads or PII;
- Your interactions with consumers;
- Your breach of law or third-party rights.
If you are a California resident, you waive California Civil Code §1542 (and any similar laws) regarding unknown claims.
Jobble may assume exclusive defense and control of any indemnified matter at your expense.
Dispute Resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company’s address for such notices is Jobble, Inc., P.O. Box 121254 Boston,MA 02112, Attention: Legal.
BINDING ARBITRATION. If you and Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Boston, Massachusetts with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Company agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Boston, Massachusetts. You and Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Massachusetts state and Federal courts located in Boston, Massachusetts have exclusive jurisdiction and you and Company agree to submit to the personal jurisdiction of such courts.
Governing Law
ach User assumes all liability for proper classification of such User’s workers as independent contractors or employees based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Company does not, in any way, supervise, direct, or control a Provider’s work or Assignments performed in any manner. Company does not set a Provider’s work hours or location of work. Company will not provide any equipment, labor or materials needed for a particular Assignment.
The Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.
User assumes all liability for proper classification of Providers as independent contractors based on applicable legal guidelines. User acknowledges that Company does not, in any way, supervise, direct, or control Provider’s work or Assignments performed in any manner. Company does not set Provider’s work hours and location of work, nor is Company involved in determining the type or manner compensation to be paid for any Assignment. Client is solely responsible for ensuring that Assignments do not constitute core business functions and hereby releases Company from, and accepts all liability in connection with, any claims that Provider is engaged in an employee relationship and all costs and liabilities in connection with such claims. Company will not provide Provider with training or any equipment, labor or materials needed for a particular Assignment. Company will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Users will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to Provider’s performance of Assignments.
You hereby warrant that you will comply with all applicable wage and hour laws and agree to indemnify, hold harmless and defend Company from any and all claims arising from breach of the foregoing warranty and all claims that a Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Company was an employer or joint employer of a Provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Service is owned by Company, excluding User Generated Content that Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Company’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Company and, if applicable, the holder of the rights to the User Generated Content. User acknowledges and agrees that Company retains all rights, title, and interests (including without limitation patent rights, copyright rights, trademark rights, and other intellectual property and proprietary rights) in and to the Service and related documentation and computer code, including, without limitation, all copies, modifications, translations and other derivative works that duplicate or are based on the Service or components thereof. User acknowledges that the Service is proprietary to Company and Company reserves all rights not expressly granted herein and no other rights and licenses are granted or deemed to be granted hereunder.
The service marks and trademarks of Company, including without limitation Company and the Company logos are service marks owned by Company. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Copyright Complaints and Copyright Agent
Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Company’s Copyright Agent at: Jobble, Inc., 1 Lincoln Street, 24th Floor, Attn: Jobble Inc. Boston, MA 02111 or support@jobbleapp.com:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Company to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail 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;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Company upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Company’s trade secrets, confidential and proprietary information and all other information and data of Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY ASSIGNMENT OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY — USE TO EXPEDITE JOBBLE SELECTION, EACH CLIENT IS RESPONSIBLE FOR SELECTING ITS PROVIDER AND NEGOTIATING TERMS OF WORK AND COMPANY DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR PROVIDER. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
No Liability
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR, AND HEREBY RELEASE THE FOREGOING PARTIES FROM, ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY DOES NOT ACCEPT AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Indemnification
You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.
Dispute Resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company’s address for such notices is Jobble, Inc., 1 Lincoln Street, 24th Floor, Attn: Jobble Inc. Boston, MA 02111 Attention: Legal.
BINDING ARBITRATION. If you and Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Boston, Massachusetts with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Company agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Boston, Massachusetts. You and Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Massachusetts state and Federal courts located in Boston, Massachusetts have exclusive jurisdiction and you and Company agree to submit to the personal jurisdiction of such courts.
Governing Law
You and Company agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” above, if any portion of the section entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” above is found to be illegal or unenforceable, neither you nor Company will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and Company agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of the Commonwealth of Massachusetts, without regard to choice of law principles.
Miscellaneous
Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, labor disputes, power failures, or government actions.
Notices. Jobble may provide notices electronically via email, in-product messages, or postings. You consent to receive notices electronically.
Entire Agreement. These Pro Terms, the Privacy Policy, and incorporated documents constitute the entire agreement between you and Jobble.
Changes to this Agreement and the Service. Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Contact Information
Jobble, Inc.
P.O. Box 121254
Boston, MA 02112-1254
E-mail: legal@jobble.com