LICENSE AGREEMENT
By accepting this Agreement, you are indicating Your understanding and acceptance of all of the terms and conditions of the Agreement set forth below. If you do not agree with them, Insperity Business Services, L.P. (“Insperity”) is unwilling to provide the JobDescription.com service to you and you should select the "I Do Not Accept" button and exit this page.
This Agreement is made and Entered into, and will be construed under the laws of the State of Texas, United States of America.
RESTRICTIONS ON USE OF JOB DESCRIPTIONS
The job descriptions generated by the JobDescription.com service and any other materials or information provided to you by the service (including all electronic or print versions of such descriptions, materials or information), are protected by copyrights owned by Insperity and its licensors, and they may not be copied, modified, or otherwise used except for Your own personal use. ANY COPY, MODIFICATION, DISTRIBUTION, SALE, OR USE OF ANY JOB DESCRIPTION OR DESCRIPTIONS GENERATED BY THE JOBDESCRIPTION.COM SERVICE BY ANY PARTY OTHER THAN YOU IS STRICTLY PROHIBITED AND IN VIOLATION OF COPYRIGHT LAW. You are responsible to have one copy of the job descriptions generated by the JobDescription.com service reviewed and approved by an appropriate professional. The JobDescription.com service, the job descriptions and any other materials or information generated or provided by the service are not a substitute for legal or other professional advice.
PAYMENT
You may use the JobDescription.com service on a per-use basis or in accordance with one of JobDescription's subscription plans. Per-use plan: You will pay to Insperity a user fee for each use of the JobDescription.com service for the purpose of generating one (1) completed job description. Under the per-use plan, the completion of additional job descriptions (other than the initial job description) will require the payment to Insperity of additional user fees. Subscription plans: You will pay to Insperity an up-front fee in an amount designated by Insperity for the ability to use the JobDescription.com service for either a three (3) month or twelve (12) month period. During the applicable subscription period, you may use the JobDescription.com service to generate an unlimited number of job descriptions for Your internal use in accordance with the terms of this Agreement. You are not allowed to use the JobDescription.com service for third parties such as a service bureau.
WARRANTY DISCLAIMER
JobDescription DOES NOT WARRANT THAT THE JOBDESCRIPTION.COM SERVICE OR THE JOB DESCRIPTIONS GENERATED BY IT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE JOBDESCRIPTION.COM SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE OR ANY JOB DESCRIPTIONS WILL BE ERROR-FREE. INSPERITY EXCLUDES AND EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JobDescription BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING USER'S USE OF OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL INSPERITY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $500. IF USER IS DISSATISFIED WITH THE SITE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THE SITE.