Terms of Use

Welcome to JOBGRAZE (Hereinafter referred to as the “Platform,” “Website,” “Sites,” “We,” “Us,” or “Our”), owned and operated by Horizon HST Corp., (hereinafter referred to as “the Company”) with its registered office located in Tampa, Florida USA.

These Terms of Use (the “Terms”) govern your use of the Platform websites and applications that link to these Terms of Use. In these Terms of Use, the word “Sites” refers to each of these websites (URL, Webbased Platform), Mobile App, and the services offered on those Sites. The Users of the Sites shall be referred to as “You,” “Your,” or “Users.”

NOTE: You must be at least 18 years old to use the Platform and Sites.

PRIVACY NOTICE FOR CALIFORNIA RESIDENT APPLICANTS

JOBGRAZE understands the importance of privacy and take seriously the need to protect job applicants’ personal information. Pursuant to the California Consumer Privacy Act, (the CCPA) as amended by the California Privacy Rights Act (the CPRA) (together, the “CCPA”), this privacy notice (the “Notice”) for California Legal Residential Applicants explains our online and offline practices regarding the collection, use, and disclosure of “personal information” of job applicants who are legal residents of California. Please read this Notice carefully so you understand our practices regarding your information.

For more information about the types of information we collect and use in connection with your general access and use of our website, please review our general CA Privacy Notice here.

1. Acceptance of Terms

The services that JOBGRAZE provides to you through its Sites are subject to these Terms of Use. JOBGRAZE reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” link located at the bottom of our Platform Sites. If you don’t agree to these Terms of Use, you must stop using the Sites.

JOBGRAZE offers a variety of services. Your use of JOBGRAZE products or services is provided by Horizon HST Corp pursuant to an electronically acknowledgement upon an Account Creation, pursuant to additional terms of service. You agree to our Terms of Use by subscribing or signing up to our Platform upon your account creations. Those additional terms apply to the extent that you use our services subject to those terms.

Each time you access any JOBGRAZE’s online and/or mobile services and websites, including any JOBGRAZE mobile application and browser extension or plugin, regardless of where it is downloaded from (collectively, the “JOBGRAZE Apps”), and any software, service, feature, product, program and element (including e-mail messages, notifications, and other messages) provided by or on behalf of JOBGRAZE on or in connection with such services or websites, including any products, programs, and services described in these Terms of Use, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Use (the “Agreement”).

Upon an Account Creation, by clicking on the “Accept” button, Users agree to be bound by the Terms of Use and Conditions of this Agreement. Please read this entire Agreement carefully before accepting its Terms. When you undertake any activity on the Sites, you then are agreeing to accept these Terms of Use and Conditions.

We may change these terms from time to time. If we do, we’ll advise you about any material changes, either by notifying you on the Sites or by sending you an email. Users based in the European Union will be notified of material changes at least 15 days before they go into effect. New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using JOBGRAZE after that change, that means you accept the new terms. These terms may be translated into another language for your convenience; in the event of a conflict between the English version and any translations, the English version shall control.

2. Eligibility of the User

You may use the Platform Sites only if you are at least eighteen (18) years of age and can form a binding contract with us where you live, and only in compliance with this Agreement and all applicable local, state, federal, and international laws, rules, and regulations. If necessary, we may ask you for proof of age.

Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Sites. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable international, federal, state, and local laws.

We may, in our sole discretion, refuse to offer access to or use of the Sites to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions

3. Description of Services

Through its Sites, JOBGRAZE may provide you with access to a variety of resources, including communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, or the addition of any new Sites, are subject to these Terms of Use.

4. Access and Services

Your access to the various services available on this Platform depends on the level of access given to you upon the Account Creation or that you select for your subscription. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.

5. Fees and Payment

Unless it is noted that our Services are free, we will charge you a yearly subscription fee, automatically renewable yearly on the subscription registration date for using our Platform as well as any additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. You will be given the opportunity to pay by credit card and other payment methods when you sign up.

You can cancel your account subscription at any time, but you will be charged for the full year of subscription. Should you cancel your subscription the auto-renewal will stop, and not occur on the renewal date. For more information, our Cancellation and Refund Policy is available. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change.

6. Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Platform Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

7. Privacy and Protection of Personal Information

See the Privacy Policy at www.JOBGRAZE.com relating to the collection and use of your personal, professional, and company information on the Sites.

8. Notice Specific to Documents Available on the Sites

Permission to use Documents (such as white papers, press releases, datasheets and FAQs, together “Documents”) from the Services is granted, provided that (a) you do not remove any copyright notices on the Documents, (b) use of such Documents from the Platform Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any Documents are made. Usage for any other purpose is expressly prohibited.

Documents specified above do not include the design or layout of the JOBGRAZE Sites. Elements of the Sites are protected by trade dress, trademark, unfair competition, copyright and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any JOBGRAZE Sites may be copied or retransmitted unless expressly permitted by Horizon HST Corp.

JOBGRAZE AND ITS RESPECTIVE SUPPLIERS, PARTNERS, AGENTS, AND AFFILIATIONS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. JOBGRAZE AND ITS RESPECTIVE SUPPLIERS, PARTNERS, AGENTS, AND AFFILIATIONS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOBGRAZE AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCT(S) OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

9. Member or User Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify JOBGRAZE immediately of any unauthorized use of your account or any other breach of security. JOBGRAZE will not be liable for any loss that you may incur as a result of someone else using your password or account information, either with or without your knowledge. However, you could be held liable for losses incurred by JOBGRAZE or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of that account holder.

NOTE: You must be at least 18 years old to use the Sites.

10. No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any JOBGRAZE server, or the network(s) connected to any JOBGRAZE server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any JOBGRAZE server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

It is possible that the other Users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Sites, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Sites.

You agree to not post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rightful holder.

You agree to not alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our Sites.

You agree to indemnify and keep indemnified the Company from all claims/losses (including advocates’ fees for defending/prosecuting any case) that may arise against the Company due to acts/omission on the part of the User.

11. Use of Communication Services

The Services may contain chat areas, news groups, forums, communities, calendars, photo albums, file cabinets or other message or communication facilities that may allow you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.

JOBGRAZE has no obligation to monitor the Communication Services. However, JOBGRAZE reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. JOBGRAZE reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. JOBGRAZE does not control or endorse the content, messages or information found in any Communication Services and, therefore, JOBGRAZE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

Materials uploaded to or downloaded from the Communication Services or our Sites may be subject to posted limitations on usage, reproduction or dissemination; you are responsible for adhering to such limitations if you upload or download the materials.

12. Acceptable Use

You may only use the Services and Sites in a proper, professional manner. By way of example, and not as a limitation, you agree that when using the Services and the Sites, you will not:

• Use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent in writing to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, software and equipment or property of JOBGRAZE or another party.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Sites.
• Violate any code of conduct or other guidelines which may be applicable for any particular Services.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Create a false identity for the purpose of misleading others or post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
• Take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
• Offer any rewards that are illegal, violate any of JOBGRAZE’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
• Do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
• Try to interfere with the proper workings of the Services.
• Bypass any measures we’ve put in place to secure the Services and Sites.
• Try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to JOBGRAZE or another party.
• Take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
• Use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Sites.
• Take apart or reverse engineer any aspect of JOBGRAZE in an effort to access things like source code, underlying ideas, or algorithms.

You are accessing the Services available on our Sites and transacting at your sole risk and are using your best and prudent judgment before entering any dealings through our Sites.

JOBGRAZE reserves the right, at all times, to disclose any information as JOBGRAZE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JOBGRAZE’s sole discretion.

13. Intellectual Property Rights

The User expressly authorizes the Company to use its trademarks/copyrights/designs/logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the Platform and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specifically agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademarks/logos in the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.

The Company’s Website and Platform, and the information and materials that it contains, are the property of the Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All the Company’s product names and logos are trademarks or registered trademarks. Nothing contained on the Company’s Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s Website or any materials displayed on the Company’s Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written consent of the Company. The User shall not attempt to override or circumvent any of the usage rules or restrictions on the Sites.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, our content or our intellectual property rights.

Proprietary Rights. Subject to the limited rights expressly granted in this Agreement, the Company reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to the User in this Agreement other than as expressly outlined in this Agreement.

The User agrees that the Software, Company Website, Platform and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). The End-User agrees that the Company owns all rights, title and interest in and to Company IP and that the End-User will not use the Company IP for any unlawful or infringing purpose. The End-User agrees not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

14. Data

“Data” means any and all identifiable information about Users and their affiliates generated or collected by the Company or the User, including but not limited to the User’s name, email addresses, Services availed, phone numbers, and the User’s preferences and tendencies. The User agrees that it will only use the Data in complying with its obligations in this Agreement.

The User represents, warrants, and covenants that it will not resell or otherwise disclose any Data to any third party, in whole or in part, for any purpose whatsoever.

The User acknowledges that the Services may contain information which is designated as confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.

By submitting Content (your “Content”), the User hereby grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content to use the Content for any purpose including API partnerships with third parties and in any media existing now or in future. The User irrevocably waives, and causes to be waived, any claims and assertions of moral rights or attribution with respect to the User’s Content brought against us by any thirdparty services or their users.

JOBGRAZE doesn’t own content you submit to us. But we do need certain licenses by way of the agreements contained herein from you in order to perform the Services you require. When you submit your Licenses and/or Documents for validation and review, you agree to these terms:

• You grant us the right to translate to other languages any of your Content.
• You grant us the right to validate your information against other databases and information.
• If JOBGRAZE or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• In general, we use this Content to promote you and showcase our community of users. We also use algorithms and generative A.I. to recommend Candidates and Employers, job opportunities that your friends have favored or shared, and other purposes. We may recommend employers that are gaining traction as a result of their own advertising, and/or on the basis of a user’s prior search terms, browsing history, ratings and other interactions, and cookies we have collected during their visits to our website and Sites. We may use software to analyze your movements and utilization of our Sites.

15. Materials Provided to JOBGRAZE or Posted at any JOBGRAZE Sites

JOBGRAZE does not claim ownership of the materials you provide to JOBGRAZE (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting JOBGRAZE, its affiliated companies and the necessary sublicenses’ and permission to use your Submission in connection with the operation of their businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights to any supplier of the Services that are offered.

No compensation will be paid with respect to the use of your Submission, as provided herein. JOBGRAZE is under no obligation to post or use any Submission you may provide and JOBGRAZE may remove any Submission, at any time, in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representations set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

16. Deleting Your Account

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.

17. Copyright Complaints and Removal Policy

JOBGRAZE respects the intellectual property rights of third parties. If you believe that your work has been copied in a manner that constitutes intellectual property infringement, including claims of copyright infringement, please follow the instructions at our Copyright Protections page.

18. Relationship

Nothing in this Terms of Use will be construed as creating a relationship of partnership, joint venture, agency, or employment between the Company and Users. The Company shall not be responsible for the acts or omissions of the User, and the User shall not represent the Company, neither does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Company.

19. Links to Third Party Sites

We may obtain business addresses, phone numbers, and other contact information from third-party vendors who obtain their Data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any products, services, advertisements and other Content appearing in or linked to the Services.

LINKS TO THIRD-PARTY SITES WILL LET YOU LEAVE JOBGRAZE’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF JOBGRAZE AND JOBGRAZE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. JOBGRAZE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY JOBGRAZE OF THE SITE.

JOBGRAZE partners with other companies (such as Stripe for payment processing). When you approve a charge, you’re also agreeing to the payment processor’s terms of service.

20. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of care and will do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER JOBGRAZE NOR ITS AGENTS OR REFERRAL PARTNERS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALLSUCH WARRANTIES.

To the fullest extent permitted by law, the Company and its affiliates, and each of its respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with this Agreement, the Sites and any use thereof. The Company makes no warranties or representations about the accuracy or completeness of the Site’s Content or the Content of any other Websites linked to the Sites, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of Content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the User’s access to and use of the Sites, (c) any unauthorized access to or use of the Company’s servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Site, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Sites by any third party, and/or (f) any errors or omissions in any Content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Sites. The Company does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the internet or mobile devices.

The User warrants and represents that all obligations narrated under this Terms of Use are legal, valid, binding and enforceable in law against the User.

21. Representation and Undertaking of User

The User agrees that there are no proceedings pending against the User, which may have a material adverse effect on its ability to perform and meet the obligations under this Terms of Use.

The User agrees that it shall, at all times, ensure compliance with all the requirements applicable to its business and for the purposes of this Terms of Use including but not limited to intellectual property rights, value-added tax, excise and import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.

The User agrees that it has adequate rights under relevant laws including but not limited to various intellectual property legislation(s) to comply with this Terms of Use and perform the obligations contained herein and that it has not violated/infringed any intellectual property rights of any third party.

The User agrees that appropriate disclaimers and Terms of Use on the Company’s Sites shall be placed by the Company.

22. Indemnity

The User indemnifies and shall hold harmless the Company, its partners, officers, employees, representatives, and agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim, including but not limited to, claims for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the User’s products, the breach of any of the User’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or Terms of use of Company’s Website or any obligations arising out of the User infringing any applicable laws, regulations including but not limited to intellectual property rights, or taxes, etc.

23. Express Release

You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Company’s Sites. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

24. Liability for our Services

EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

It is expressly agreed by the User that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the User or any other Party whomsoever, arising on account of any transaction under this Agreement.

We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of Users, and we don’t endorse any content users submit to the Site. When you use the Services, you release JOBGRAZE from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

Notwithstanding anything to the contrary herein, we reserve the right to, at any time and from time to time, change, alter, modify, or discontinue the Sites (or any part thereof) with or without notice. The User agrees that the Company shall have no liability to the User or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Company’s Sites.

JOBGRAZE will not be liable for any errors or omissions in any Content.

The User agrees and acknowledges that it shall be solely liable for any claims, damages, or allegations arising out of the Services through the Sites and shall hold the Company harmless and indemnified against all such claims and damages. Further, the Company shall not be liable for any claims or damages arising out of any negligence, misconduct, or misrepresentation by the User or any of its representatives.

25. Amendment

The Company may at any time at its sole discretion modify this Agreement from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective thirty (30) calendar days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. The Company shall also post the amended Agreement to the address of the User. The User agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the Website to keep the User’s listing and contact information current.

26. Force Majeure

Except with regard to payment obligations, either we or you shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures resulting from causes beyond the reasonable control, including, but not limited to: failures or default of third-party software, Users, or products; acts of God or of a public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; or freight embargoes.

27. Governing Law and Dispute Resolution

This Terms of Use shall be construed and enforced in accordance with the laws of State of Florida USA and the Federal Courts jurisdiction for the state without regard to the Company or the Sites of its conflict of law provisions or the User’s state or country of residence.

The User submits to the exclusive jurisdiction of the courts of the State of Florida USA for the enforcement of this Terms of Use or any award or decision arising from this.

If there is a dispute between the User and other Users, the User understands and agrees that the Company is under no obligation with respect thereto, and the User, to the fullest extent permitted by law, hereby releases the Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

The User agrees that in case it is unable to resolve its disputes with other Users, then the Company has the right to remove the User from those Sites.

We at JOBGRAZE encourage you to contact us if you’re having an issue before resorting to the courts. Our JOBGRAZE support team is available and ready to answer your questions. You can visit our Help Center on our Platform to find articles with information that may resolve your issue. If you still have questions, you can click “Contact us” using the Online Chat or email hello@jobgraze.com so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free of cost.

If you’re an User based in the European Union and, after contacting us through those channels, you still don’t feel as if your issue has been resolved, we may agree with you to engage in mediation to resolve any complaints in good faith. You may address your complaint with one of these two mediation organizations:

• The Centre for Effective Dispute Resolution (CEDR)
• IPOS Mediation

In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines are incorporated by reference) and will be governed by and construed in accordance with the laws of the State of Florida and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that JOBGRAZE and its Services are deemed a passive website that does not give rise to jurisdiction over JOBGRAZE or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Florida.

You agree that if you wish to file, commence, or prosecute any claim, action, lawsuit or proceeding of any kind, at law or in equity, arising out of or relating to these Terms or your use or non-use of JOBGRAZE, you will do so only in a state or federal court located in the State of Florida, and will not file, commence, or prosecute any such claim, action, lawsuit, or proceeding in any other forum. You hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such claim, action, lawsuit, or proceeding. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

These Terms and the other material referenced in them are the entire agreement between you and JOBGRAZE with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and JOBGRAZE with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that all other Terms otherwise will remain in full force and effect and enforceable. The failure of either you or JOBGRAZE to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get JOBGRAZE’s prior written consent. JOBGRAZE has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. JOBGRAZE will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

28. Contacting JOBGRAZE

For questions or concerns about these Terms of Use or the Platform Services, please contact JOBGRAZE at HELLO@JOBGRAZE.COM or by postal at JOBGRAZE, Attn.: Legal, 677 N. Washington Blvd. Suite #42 Sarasota, FL 34236 USA. www.JOBGRAZE.com

Last Updated: August 15, 2023