This Agreement provides the general terms and conditions of use, hereby known as the Terms of Service (the “TOS”) applicable to all services (the “Services”) offered by GeoBizOps, to you through its Web site located at http://www.Workscout.geobizops.com/ (the “Site”). By accessing or using this Site, you accept without limitations or qualifications to be bound by the TOS. Your access to and use of the Services are conditioned on your acceptance of and compliance with the TOS, which may be updated from time to time with or without notice to you. By accessing or using the Services, you agree to be bound by the terms and provisions of the TOS.
Registration and user and/or member information
Certain portions of the Site are only available to persons that have become registered members of GeoBizOps as described in these TOS (“Members”). Membership may be denied to persons not meeting defined criteria. The services or materials available to Members may include services provided by GeoBizOps and by third parties (“Associates”). To become a User and/or Member of GeoBizOps, you must submit a completed registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, can form legally binding contracts under applicable law, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and when signing up a company, that you are signing up on behalf of an entity you have identified in the registration form and registration process and are authorized to sign for and bind that entity where applicable (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) you agree not to reproduce or distribute any information available through the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or GeoBizOps has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GeoBizOps has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
GeoBizOps, in its sole discretion, shall have the right to modify any portion of its fee structure for any reason, at anytime without prior notice. Fees paid in advance are non-refundable if you cancel your subscription prior to its term or if GeoBizOps terminates your access to the Site as a result of your non-compliance to the TOS. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees associated with the Services and all applicable taxes.
You agree to pay all foreign, state and local taxes, if applicable, related to your access to and use of the Services and Materials.
Renewal & cancellation
Your subscription to the Services is for a minimum of the term identified in the service description when signing up for it. Subscription to the services shall be automatically renewed at the expiration of any subscription period for the agreed upon outlined time. Fees for any renewal shall be automatically charged or billed, as the case may be. You may terminate your subscription to the Services for any reason, or no reason at all, provided however that subscription fees will not be refundable if you cancel your subscription prior to its term. Service fees are subject to change upon renewal of subscription. The renewal of your subscription indicates agreement to any amendments to the TOS and service fee structure. GeoBizOps, in its sole discretion, shall have the right to terminate your access to this Site at any time, for any reason, and GeoBizOps shall not be obligated to disclose such reason to you. Termination of your access to this Site is sufficient notice of termination of this Agreement. Termination is in addition to all other legal or equitable remedies available to either party. The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement.
Use and protection of username and password
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GeoBizOps of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GeoBizOps can not and will not be liable for any loss or damage arising from your failure to comply.
Limited copyright license
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, GeoBizOps and its participating partners, affiliations, and associates do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of GeoBizOps.
Use of user and/or member information
Third-party Website Links
This Site may contain links to third-party Web sites that are not under the control of GeoBizOps. GeoBizOps makes no representations whatsoever about ANY other website to which you may have access through this Site. When you access a non-GeoBizOps website, you do so at your own risk and GeoBizOps is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. The inclusion of such links does not imply that GeoBizOps endorses or accepts any responsibility for the content or uses of such websites.
User and/or Member obligations and warranties
With respect to information available on the Site, you may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to User’s and/or Member’s employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, you shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise. You shall not share, rent, or sublicense any of its rights under this Agreement to any other party.
Warranties and disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES AND MATERIALS ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GEOBIZOPS AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, AFFILIATES AND THIRD-PARTY PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GEOBIZOPS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(i) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOBIZOPS OR THROUGH OR FROM THE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS.
GEOBIZOPS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF GEOBIZOPS’ ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL GEOBIZOPS OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GEOBIZOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF GEOBIZOPS’ ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOBIZOPS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL GEOBIZOPS’ LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED 100 U.S. DOLLARS. USERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR GEOBIZOPS ENTERING INTO THIS AGREEMENT.
You shall, at your own expense, indemnify, defend, and hold GeoBizOps and its shareholders, subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and another User and/or Member or between you and any third party, (b) based on or caused by unauthorized access to the Site through User’s and/or Member’s account, or (c) is based on facts or alleged facts that would constitute a breach of any of User’s and/or Member’s representations, warranties, or covenants under this Agreement. You shall not enter into a settlement of the foregoing without GeoBizOps’ prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from GeoBizOps. By using this Site you acknowledge that GeoBizOps has no control over the quality, safety, legality or accuracy of the content found on the Site. As a result, you shall release GeoBizOps and its shareholders, subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the content found on the Site.
This Agreement constitutes the entire agreement between you and GeoBizOps with respect to the Services and Materials and supersedes all prior agreements or previous discussions (written or oral) between you and GeoBizOps, subject to any specific agreement governing Services subscribed by you through this Site. This Agreement may be modified only by a signed agreement, or as follows: GeoBizOps may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If you continue to use the Materials, Services, or Site, then you will be considered to have accepted the modifications.
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by GeoBizOps. The TOS and your conduct while using the Services shall be governed in all respects by the laws of the United States of America and the State of Florida, without regard to the conflicts of laws principles thereof, which shall govern all matters relating to your access to, or use of, this Site, Materials and/ Services. The failure of GeoBizOps to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Any claims, legal action or proceeding arising directly or indirectly out of any materials contained in the Services shall be brought exclusively in the state and federal courts of the State of Florida. GeoBizOps makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Waiver and Severability of Terms
The failure of GeoBizOps to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
- Force Majeure
Neither party will be liable or in default or otherwise responsible for delays or failures in performance resulting from acts of God; acts of war or civil disturbance; epidemics; governmental action or inaction; fires; earthquakes; unavailability of labor, materials, power, or communication; or other causes beyond that party’s reasonable control.
No Right of Survivorship and Non-Transferability
You agree that your GeoBizOps account is non-transferable and any rights to your GeoBizOps ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The TOS constitutes the entire agreement between you and GeoBizOps and governs your use of the Services, superseding any prior version of this TOS between you and GeoBizOps with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content, or third-party software.