Jombone Platform Terms of Use

2. EMPLOYMENT AGREEMENTS BETWEEN COMPANIES AND WORKERS

2.1 Employment Agreements Between Companies and Workers. As a Worker, you acknowledge and agree that a legally binding employment contract (the “Employment Agreement”) may be formed when you agree on the terms of Employment with a Company. As a Company, you acknowledge and agree that a legally binding employment contract may be formed when you agree on the terms of Employment with a Worker. Companies have discretion as to the terms of the Employment, subject to applicable law and the terms and conditions in these Terms of Use.

2.2 The terms of the Employment Agreement may include the terms set forth in this Section 2, the engagement terms proposed and accepted on the Jombone Platform, and any other contractual terms accepted by both the Worker and their Company to the extent such terms do not conflict with the terms in this Agreement, including this Section 2, and do not expand Jombone’s obligations or restrict Jombone’s rights under this Agreement. You agree that Jombone is not a party to any Employment Agreement and the formation of an Employment Agreement will not, under any circumstance, create an employment or other service relationship between Jombone and the Worker, but will create an employment relationship between the Company and the Worker. Except with respect to Assigned Employees, Jombone’s role with respect to the Companies is restricted solely to acting as a representative for the Company to facilitate the employment of Workers by the Companies and to perform such further Services for the Companies as may apply to the specific subscription (the “Jombone Subscription”) for which each Company has registered (which may include facilitating payment on behalf of the Company to the Worker through the Jombone Platform using the Jombone Payment Platform in respect of Employment. Jombone’s role with respect to the Workers is to serve as the provider of the Jombone Platform through which Workers may provide their information, and connect with Companies for the purpose of entering into Employment Agreements for Employment.

3. PAYMENT FOR EMPLOYMENT ENGAGEMENTS

3.1 Company to Pay Jombone. If a Company chooses to use the temporary staffing services model, the Company shall pay to Jombone the fees set forth in the Temporary Staffing Services Agreement.

3.2 Company to Pay Worker. If a Company chooses to use the subscription model, the Company shall pay their Workers for Employment engagements at the rates agreed to by the parties in the Employment Agreement (net of applicable deductions required by law) in the manner provided for in the Company’s Jombone Subscription. Each User agrees to comply with the terms of the Employment Agreement and this Agreement during the engagement, performance and completion of Employment. Both Users agree to notify Jombone of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Jombone representatives for at least thirty (30) days before initiating any proceeding. Jombone reserves the right to suspend or terminate any User Account or Employment pending the resolution of any dispute. In no event shall Jombone have any liability to a Worker as a result of a Company’s failure to pay a Worker for Employment, remit any applicate taxes, or comply with any applicable laws, including applicable employment standards, workplace safety, and human rights legislation.

3.3 Filing Timesheets. Companies may use Jombone’s time and attendance system, or email messages, to facilitate the filing by Workers of their timesheet entries on the Jombone Platform in real-time for review and approval, and for periodic payment by the Company in accordance with the Employment Agreement. The Employment Agreement may also provide for the repayment to the Worker of approved out-of-pocket expenses incurred by the Worker on behalf of the Company.

3.4 Registration for Payments. Users of the Jombone Platform will be required to provide their payment method details to Jombone and the Jombone Payment Platform. Workers and Assigned Employees may be required to register with the Jombone Payment Platform and/or third party payroll processing service platforms and agree to other terms of use in connection with their registration on such platforms. By accepting these Terms of Use, each Worker and Assigned Employee agrees that they have downloaded or printed, and reviewed and agreed to, the terms of use applicable to such payroll processing platform.

3.5 Validating Payment Accounts. To help prevent fraud and safeguard User information from the risk of unauthorized access, Jombone and/or the Jombone Payment Platform may validate a payment account before activation.

3.6 Holding Payments. Subject to applicable law, Jombone reserves the right (but not the obligation), in its sole discretion, upon request from Company, Worker or Assigned Employee, or upon notice of any potential fraud, unauthorized charges or other misuse of the Jombone Platform, to (i) place on hold any payment for Employment or Contract, and/or out of pocket expenses being processed through the Jombone Payment Platform (if applicable) or (ii) refund or provide credits, or arrange for the Jombone Payment Platform to do so.

3.7 Users Liable for Taxes. Companies will be liable for any taxes required to be paid on the Employment provided under an Employment Agreement and for any sales or other taxes payable on the fees for the services provided by Jombone. Jombone is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable income taxes, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal or provincial withholdings in connection with the use of the Jombone Platform, but may facilitate such deductions and/or payments on behalf of a Company as may be provided for in the applicable Jombone Subscription.

4. GENERAL PAYMENT TERMS

4.1 Fees. There are no fees or charges for Workers or Assigned Employees to use the Jombone Platform in accordance with these Terms of Use. As a Company, you will pay the fees, charges, and other amounts set forth in the Jombone Platform, including, (i) with respect to Companies who use the subscription model, the fees with respect to the Jombone Subscription, and, (ii) with respect to Companies that use the temporary staffing model, the fees set forth in the Temporary Staffing Services Agreement.

4.2 Taxes. All fees, charges, and other amounts payable by you under these Terms of Use are exclusive of taxes and similar assessments. Customer is responsible for paying all sales, goods and services, harmonized sales and value-added taxes incurred on the fees, charges or other amounts payable by you, other than taxes imposed on Jombone’s income. Each Party will be responsible for complying with their respective obligations, under applicable law, for the collection and payment of taxes.

4.3 No Deductions or Set-Off. All amounts payable to Jombone under this Agreement shall be paid by you to Jombone in full without any set-off, recoupment, counterclaim, deduction, debit, or withholding for any reason. If you are required to deduct any taxes from such payments as may be required under applicable law, then the sum payable by you shall be increased as necessary so that after making all required deductions, Jombone receives an amount equal to the sum it would have received had no such deduction been made.

5. ACCESSING THE JOMBONE PLATFORM

5.1 Registering for Account. You must register with Jombone and create an account to use the Jombone Platform (an “Account”). You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Jombone for accessing the Jombone Platform. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. If you are accessing and using the Jombone Platform on a User’s behalf, you represent that you have the authority to bind that User as the principal to all terms of the Agreement as provided herein. Jombone has no control over the use of any User’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Jombone immediately.

5.2 Use of Your Mobile Phone. By providing your mobile phone number and using the Jombone Platform, you hereby affirmatively consent to Jombone’s use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (a) perform and improve upon the Jombone Platform, (b) facilitate the carrying out of Employment through the Jombone Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Employment, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Employment and/or in follow up to any push notifications delivered through our mobile application. Jombone will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply.

6. BACKGROUND CHECKS AND QUALIFICATIONS

6.1 Background Checks. Users may be subject to extensive background checks before they can register for and during their use of the Jombone Platform, including but not limited to a verification of identity, background, criminal record check, and reference checks, including through the use of third party services (collectively, “Background Checks”). The scope of the Background Checks performed in each case will vary based on the nature of the Employment engagement and other considerations. Although Jombone may perform extensive Background Checks, unless otherwise specified with respect to a particular Employment engagement, Jombone is not required to do so. Consequently, Jombone generally cannot confirm that each User is who he, she, or it claims to be. Jombone cannot and does not assume any responsibility for the accuracy or reliability of Background Check information or any information provided through the Jombone Platform.

6.2 Licensing and Qualifications. Companies are responsible for identifying and obtaining any required licenses, permits, or registrations applicable to the Employment or Contract opportunities, and for ensuring that Workers and Assigned Employees have all required qualifications, credentials, professional designations, and licenses. Indeed, certain types of Employment, Contract or services may be prohibited altogether, and it is the responsibility of both Companies and Workers to avoid such prohibited Employment, Contract or services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Employment, Contract and services on the Jombone Platform, you can and should first seek separate legal guidance. Because Jombone does not oversee, monitor, or supervise the posting, scoping or performance of Employment or Contract, Companies must determine for themselves whether a Worker is qualified to perform the specific Employment or Contract engagement. Companies may wish to consult their provincial/territorial or local requirements to determine whether certain Employment engagements are required to be performed by a licensed professional.

7. JOMBONE PROPERTY

7.1 Equipment. Jombone may, but shall not be required to, provide equipment or other property to you for use in connection with the Jombone Platform, Employment, Contract, or other services provided under this Agreement (the “Equipment”), including, but not necessarily limited to, electronic devices used to track Workers’ or Assigned Employees’ attendance.

7.2 Title. All Equipment shall remain the property of Jombone at all times. For greater certainty, title to the Equipment shall not pass to you under any circumstances whatsoever.

7.3 Return and Repossession. Jombone may, at any time, request the Equipment to be returned, and upon such request, you shall immediately return the Equipment to the location specified by Jombone at your sole expense. If you fail to return the Equipment within five (5) days of any request by Jombone, subject to applicable law, Jombone shall have the absolute authority, without notice or demand, to enter your premises and take possession of the Equipment. You shall indemnify, hold harmless and defend the Jombone Parties in connection with any liabilities, damages, losses, expenses, or costs incurred in connection with the exercise of the foregoing right. The foregoing right is without prejudice to any other rights that Jombone may have pursuant to this Agreement or at law.

7.4 Risk of Loss or Damage. Upon Jombone delivering to you the Equipment, you shall be responsible for any loss, theft, damage, deterioration or destruction of the Equipment, other than Normal Wear and Tear. You shall immediately notify Jombone upon any loss, theft, damage, deterioration or destruction of the Equipment, other than Normal Wear and Tear. You shall promptly reimburse Jombone for any expenses or costs incurred or suffered in connection with replacing or restoring any Equipment that is lost, stolen, damaged, deteriorated or destroyed, other than Normal Wear and Tear. “Normal Wear and Tear” means only the normal deterioration of the Equipment caused by ordinary, reasonable and proper use of the Equipment, and excludes negligence, carelessness, accident or abuse of the Equipment.

8. USER REPRESENTATIONS AND WARRANTIES

8.1 Capacity and Authority. You represent and warrant that: (1) if you are an individual, you are at least of the legal age in the Canadian province or territory in which you reside, and, if you are a corporation, you are duly incorporated, validly existing and in good standing, and qualified and registered to transact business in the Canadian jurisdiction in which the Employment is to be performed, and, in either case, that you are capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to comply with the terms and conditions of this Agreement, and that you will so comply. Where you enter into this Agreement on behalf of a corporation or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

8.2 Agreement to be Bound. You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Use, the Privacy Policy and the Temporary Staffing Services Agreement in order to access and use the Jombone Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Employment, Contract or any interaction by or with any User and/or Jombone in connection with the Jombone Platform without the prior written consent of Jombone and the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Jombone Platform using the Jombone Payment Platform (as defined below) or otherwise, performing the Employment or Contract engagement(s) agreed upon as between the Worker or Assigned Employee, and the Company, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Worker, Assigned Employee or Company as the case may be, and only utilizing the payment processing system specified in the applicable Employment Agreement. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You warrant that you will not use the Jombone Platform to facilitate any illegal or exploitative practices, that you will, when using or accessing the Jombone Platform, act reasonably and in good faith and in accordance with and in compliance with all applicable local, provincial, national, foreign or international laws.

8.3 Use of the Platform. You represent and warrant that, other than as fully and promptly disclosed to Jombone as set forth below, you do not have any motivation, status, or interest which Jombone may reasonably wish to know about in connection with the Jombone Platform, including without limitation, if you are using or will or intend to use the Jombone Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Jombone in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Jombone Platform.

8.4 Quality of Service. If you are a Worker or Assigned Employee, you represent and warrant that you will provide timely, high-quality services to Companies, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws, and that you have the legal right to engage in Employment or Contract.

9. LIMITATIONS ON USE OF THE JOMBONE PLATFORM

9.1 Postings. The Jombone Platform will display job postings from Companies and may from time-to-time provide rankings and other information or communications to Users (collectively “Postings”). Your use of the Jombone Platform shall at all times comply with the following rules. You shall not:


9.1.1 Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Jombone staff;


9.1.2 Post content to the Jombone Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals, or otherwise publish, post, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful material or information on or using the Jombone Platform;


9.1.3 Use or disclose confidential information learned from the Jombone Platform or during the performance of Employment for purposes inconsistent with the purpose for which such confidential information was provided;


9.1.4 Post any content to which you have not obtained any necessary rights or permissions to use accordingly, including information or material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Jombone;


9.1.5 Use the Jombone Platform for any unauthorized purpose, including, but not limited to posting or completing Employment or Contract in violation of local, provincial, national, foreign or international law or in violation of this Agreement;


9.1.6 Advertise or offer to sell any goods or services through the Jombone Platform, or otherwise use the Jombone Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose other than the Employment or Contract services provided through the Jombone Platform;


9.1.7 Impersonate another person or a User or allow any other person or entity to use your log-in credentials to access the Jombone Platform;


9.1.8 Imply or state that any statements you make are endorsed by Jombone, without the prior written consent of Jombone;


9.1.9 Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Postings or other information on the Jombone Platform, in any manner;


9.1.10 Frame or utilize framing techniques to enclose the Jombone Platform or any portion thereof, or otherwise redisplay, resell, sublicense or otherwise attempt to commercially exploit the Jombone Platform or any portion thereof;


9.1.11 Hack, reverse engineer, decompile or otherwise interfere with the Jombone Platform, its servers or any connected networks;


9.1.12 Use the Jombone Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Jombone’s trade secret information for public disclosure or other purposes;


9.1.13 Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Jombone;


9.1.14 Use the Jombone Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;


9.1.15 Attempt to circumvent the payments system or service fees in any way including, but not limited to, bypassing the Jombone Platform for timesheet entry, failing to report Employment or Contract engagements facilitated by Jombone, or providing inaccurate information on reports to Jombone;


9.1.16 Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or


9.1.17 Cause any third party to engage in the restricted activities above.


9.2 Postings Public. You understand and agree that all submissions made in Postings will be public and that you will be publicly identified by your name or login identification when communicating in Postings. Jombone will not be responsible for the action of any Users with respect to any information or materials posted in Postings.

10. SUSPENSION OF USE RIGHTS

10.1 Suspension or Termination.Jombone may terminate or limit your right to use the Jombone Platform in the event that we are investigating or believe that you have breached any provision of these Terms of Use (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.


10.1.1 If Jombone terminates or limits your right to use the Jombone Platform pursuant to this Section 10, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Jombone terminates or limits your right to use the Jombone Platform as a Company due to a User Breach, you will not be entitled to any refund of unused balance in your account.


10.1.2 Even after your right to use the Jombone Platform is terminated or limited, these Terms of Use will remain enforceable against you. Jombone reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 18 of these Terms of Use.


10.2 Jombone Discretion Over Platform. Jombone reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Jombone Platform at its sole discretion. Jombone is not liable to you for any modification or discontinuance of all or any portion of the Jombone Platform. Jombone has the right to restrict anyone from completing registration as a Worker if Jombone believes such person may threaten the safety and integrity of the Jombone Platform, or if, in Jombone’s discretion, such restriction is necessary to address any other reasonable business concern.

11. UPDATES TO JOMBONE APPS

11.1 Jombone Apps. By installing any one of the Jombone Apps, you consent to the installation of the Jombone App and any updates or upgrades that are released through the Jombone Platform. The Jombone App (including any updates or upgrades) may (i) cause your device to automatically communicate with Jombone’s servers to deliver the Jombone App functionality and to record usage metrics, (ii) affect Jombone App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the Jombone App at any time, and access the Jombone Platform through a desktop or mobile browser without the use of the Jombone App.

12. PROMOTIONAL OPPORTUNITIES

12.1 Promotions. Jombone may from time to time provide certain promotional opportunities to Users. All such promotions will be run at the sole discretion of Jombone, and can be activated, modified, or removed at any time by Jombone without advance notification.

13. USER CONTENT

13.1 Responsibility. “User Content” is defined as any information, data and materials you provide to Jombone, its Subcontractors or suppliers, or other Users in connection with your registration for and use of the Jombone Platform, including without limitation that posted or transmitted for use in Postings. You are solely responsible for User Content, and we act merely as a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that Jombone is not involved in the creation or development of User Content, disclaims any responsibility for User Content, and shall not be liable for claims arising out of or relating to User Content. You shall indemnify, hold harmless and defend the Jombone Parties from and against any liabilities, losses or damages incurred as a result of, arising out of, or relating to your User Content. Further, you acknowledge and agree that Jombone has no obligation to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Jombone Platform at its sole discretion.

13.2 Limits on User Content. You hereby represent and warrant to Jombone that your User Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not represent you being employed or directly engaged by or affiliated with Jombone or purport you to act as a representative or agent of Jombone; and (i) will not create liability for Jombone or cause Jombone to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

13.3 User Ratings. The Jombone Platform hosts User Content providing reviews and ratings of specific Workers and/or specific Companies (“User Ratings”). Such User Ratings are such User’s opinion and not the opinion of Jombone, have not been verified or approved by Jombone and each User should undertake their own research to be satisfied that a specific Worker or a specific Company or a specific Employment opportunity is an appropriate one for such User. You agree that Jombone is not responsible or liable for any User Ratings or other User Content. Jombone encourages each User to give objective, constructive and honest User Ratings about the other Users with whom they have transacted. Jombone is not obligated to investigate any remarks posted by Users for accuracy or reliability, but may do so at its discretion.

13.4 License to Jombone. You hereby grant Jombone a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up and royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Content (including all intellectual property rights), and hereby waives any and all moral rights in your User Content, including the rights to copy, display, perform, re-perform, distribute, transmit, broadcast, modify, reproduce or create derivative works of such User Content or any part of it.

13.5 Recordings. In consideration of the right to access and use the Jombone Platform, each User who provides to Jombone any videotape, film, audio recording, photograph, image, voice print, or all related instrumental, musical, or other sound effects (collectively, “Recordings”), hereby waives any and all moral rights in connection with such Recordings and irrevocably grants to Jombone the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:


13.5.1 Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any Recording that such User provides to Jombone or that Jombone takes of Worker or Assigned Employee, and use, reproduce, modify, or creative derivatives of such Recordings (which may include pictures, silhouettes and other reproductions of the Worker’ or Assigned Employee’s appearance, as the same may appear in any still image and/or motion picture film or video images) (collectively, the “Worker’s Image”);


13.5.2 Reproduce in all media any Recordings, including recordings of such Worker’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Worker’s Voice”), made in connection with the Jombone Platform;


13.5.3 Use, and permit to be used, such Worker’s Image and Worker’s Voice in the advertising, marketing, and/or publicizing of the Jombone Platform in any media; and


13.5.4 Use, and permit to be used, such Worker’ or Assigned Employee’s name and identity in connection with the Jombone Platform and the Worker’s Image and the Worker’s Voice.


13.6 Authority. Each Worker warrants and represents that they have the lawful authority to grant Jombone the rights set out above.

13.7 Release. Each Worker hereby waives all rights and releases the Jombone Parties from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Worker’s identity, likeness or the Worker’s Voice in connection with the Jombone Platform.

13.8 No Obligation. Each Worker acknowledges that Jombone shall not owe any financial or other remuneration for using the Recordings provided hereunder by such Worker, either for initial or subsequent transmission or playback, and further acknowledges that Jombone is not responsible for any expense or liability incurred as a result of such Worker’s Recordings or participation in any Recordings, including any loss of such Recordings.

14. THIRD PARTY WEBSITES

14.1 Separate Terms Apply. The Jombone Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Jombone or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Jombone Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Jombone does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Jombone is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Jombone has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Jombone Platform at its sole discretion.

14.2 Use at Own Risk. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Jombone expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Jombone Platform. You hereby agree to indemnify, hold harmless and defend the Jombone Parties from any liability that may result from the use of links that may appear on the Jombone Platform.

14.3 Third Party Accounts. As part of the functionality of the Jombone Platform, you may link your Account with online accounts you may have with third party service providers (such as LinkedIn, Twitter or Facebook) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Jombone Platform; or (ii) allowing Jombone to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Jombone and/or grant Jombone access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Jombone to pay any fees or making Jombone subject to any usage limitations imposed by such third-party service providers. By granting Jombone access to any Third-Party Accounts, you understand that (i) Jombone may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Remote User Content”) so that it is available on and through the Jombone Platform via your account, including without limitation any friend lists, and (ii) Jombone may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Use, all of your Remote User Content, if any, shall be considered to be your User Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Jombone Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Jombone’s access to such Third-Party Account is terminated by the third-party service provider, then Remote User Content may no longer be available on and through the Jombone Platform. You will have the ability to disable the connection between your account on the Jombone Platform and your Third-Party Accounts at any time, as set forth below. Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third party service providers. Jombone makes no effort to review any Remote User Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Jombone is not responsible for any Remote User Content.

15. INTELLECTUAL PROPERTY RIGHTS

15.1 Jombone Materials. With the exception of User Content, all information, data, text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software (including source code and object code), videos, designs, trademarks, logos, typefaces and other content (collectively “Jombone Material”) that Users see or read through the Jombone Platform is owned by Jombone. Jombone Material is protected in all forms, media and technologies now known or hereinafter developed. Jombone owns all Jombone Material, as well as the coordination, selection, arrangement and enhancement of such Jombone Materials as a Collective Work under the Copyright Act (Canada), as amended. The Jombone Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Jombone Platform without Jombone’s express prior written consent and, if applicable, the holder of the rights to the User Content. Any use of such Jombone Material, other than as permitted therein, is expressly prohibited without the prior permission of Jombone and, if applicable, the holder of the rights to the User Content.

15.2 No Use of Marks. The service marks and trademarks of Jombone, including without limitation Jombone and Jombone logos, are service marks owned by Jombone. Any other trademarks, service marks, logos and/or trade names appearing via the Jombone Platform 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.

16. JOMBONE CONFIDENTIAL INFORMATION

16.1 Protection. You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Jombone 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 using the Jombone Platform in accordance with these Terms of Use. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information on terms not materially less protective than the terms herein. You may disclose the Confidential Information to any person to the extent required by law or compelled to do so by court order or other judicial process, provided that (a) such disclosure will be subject to the restrictions of any applicable protective order, (b) you shall promptly give Jombone prior written notice of such disclosure, if permitted under applicable law, and (c) to the extent permitted by applicable law, you shall use best efforts to provide Jombone with an opportunity to take action, if it desires, to challenge or contest such disclosure or seek a protective order. You shall promptly notify Jombone in writing of any circumstances that 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 promptly return all originals and any copies of any and all materials containing Confidential Information to Jombone upon termination of these Terms of Use for any reason whatsoever or upon Jombone’s request. 16.2 Definition. The term “Confidential Information” shall mean the Jombone Material and any and all of Jombone’s trade secrets, confidential or proprietary information, and all other information and data of Jombone that is not generally known to the public. 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, strategic and other proprietary or confidential information relating to Jombone or Jombone’s business, operations or properties, including information about Jombone’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

17. LIABILITY PROVISIONS

17.1 Jombone Not Responsible for Users

17.1.1 JOMBONE WILL NOT BE LIABLE FOR ANY FALSE OR MISLEADING STATEMENTS MADE BY USERS OF THE JOMBONE PLATFORM. NEITHER JOMBONE NOR ITS AFFILIATES, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS THE “JOMBONE PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE JOMBONE PLATFORM AND YOU HEREBY RELEASE THE JOMBONE PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE JOMBONE PLATFORM.

17.2 Use of the Jombone Platform is Entirely at Your Own Risk


17.2.1 THE JOMBONE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JOMBONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE JOMBONE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE JOMBONE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT 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 JOMBONE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.


17.2.2 Jombone does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Jombone Platform or any hyperlinked website or featured in any banner or other advertising, and Jombone 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. 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, the Jombone Parties do not warrant that access to the Jombone Platform will be uninterrupted or that the Jombone Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Jombone Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Employment or Contract, service, information or materials provided through or in connection with the use of the Jombone Platform. The Jombone Parties are not responsible for the conduct, whether online or offline, of any User. The Jombone Parties do not warrant that the Jombone Platform is free from computer viruses, system failures, worms, Trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. the Jombone Parties cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.


17.2.3 Notwithstanding any feature a Company may use to expedite the selection of Workers or Assigned Employees, each Company is responsible for determining the Employment and Contract and selecting their Workers and Assigned Employees, as applicable, and Jombone does not warrant the suitability of any particular Worker or Assigned Employee. Jombone does not provide any warranties or guarantees regarding any Worker’ or Assigned Employee’s professional accreditation, registration, license, educational background or work experience.


17.3 Term and Termination


17.3.1 Term. The term of these Terms of Use shall commence on the date of your initial use of the Jombone Platform and shall continue in perpetuity unless and until terminated in accordance with this Section 17.3.


17.3.2 Termination. Subject to the terms of any applicable Jombone Subscription, you may terminate these Terms of Use at any time by ceasing all use of the Jombone Platform. We may terminate these Terms of Use at any time for any reason whatsoever. If we terminate these Terms of Use, we will provide a notice in your Jombone account or by email to your registered email on the Jombone Platform.


17.3.3 Effect of Termination. Upon any termination or expiration of these Terms of Use, except as expressly provided in these Terms of Use: (a) all rights, licences, consents and authorizations granted by either party to the other hereunder will immediately terminate; (b) you shall promptly return to Jombone, or at Jombone’s written request, destroy, all documents and tangible material containing, reflecting, incorporating, or based on any Confidential Information; (c) Jombone may disable all your access to the Jombone Platform; (d) you will return all Equipment in good working order to the location specified by Jombone at your sole expense; and (e) you will pay Jombone all fees, charges or payments owing to Jombone up to and as of the date of termination.


17.3.4 Survival. All parts of these Terms of Use which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use, including Sections 3, 7, 8, 9, 13, 14, 15, 16, 17, 17.5, 17.6, 18, and 19, and any provisions necessary for the interpretation thereof.


17.4 Limitations of Liability


17.4.1 You acknowledge and agree that Jombone is only willing to provide the Jombone Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold the Jombone Parties, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Jombone Platform, 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 the Jombone Parties and any destruction of your User Content.


17.4.2 UNDER NO CIRCUMSTANCES WILL THE JOMBONE PARTIES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY JOMBONE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE JOMBONE PLATFORM OR THE SHORT-TERM EMPLOYMENT OR SHORT-TERM CONTRACT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.


17.4.3 THE JOMBONE PARTIES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS JOMBONE PLATFORM. THE JOMBONE PARTIES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE JOMBONE PLATFORM.


17.4.4 IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE JOMBONE PARTIES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY YOU TO JOMBONE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE AND (B) $2,000, TO THE EXTENT PERMITTED BY APPLICABLE LAW.


17.4.5 Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.


17.5 Release

(A) WITH RESPECT TO SHORT-TERM EMPLOYMENT, BECAUSE JOMBONE IS NOT A PARTY TO THE EMPLOYMENT AGREEMENTS BETWEEN USERS OR IN THE PERFORMANCE OF THE SHORT-TERM EMPLOYMENT, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS WITH RESPECT TO SHORT-TERM EMPLOYMENT, YOU HEREBY RELEASE THE JOMBONE PARTIES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

17.6 Indemnification


17.6.1 You hereby agree to indemnify, defend, and hold harmless the Jombone Parties, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Jombone Platform or to perform Employment, or (ii) your breach or violation of these Terms of Use; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Jombone Platform, 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. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Jombone reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Jombone.



18. DISPUTE RESOLUTION

18.1 RIGHTS AFFECTED. THIS SECTION AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND JOMBONE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND JOMBONE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

18.2 Negotiation. In the event of any controversy, claim or dispute arising out of, relating to, or in respect of these Terms of Use, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution.

18.3 Arbitration. If they do not reach settlement within a period of 10 days, then, except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms of Use, or the breach thereof, upon notice by any party to the other, any unresolved controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration in accordance with the Canadian Arbitration Rules of ICDR Canada (except as set out below in (b), not including administration by ICDR Canada without the written agreement of the parties). The place of arbitration shall be Toronto, Canada. The language of the arbitration shall be English. The number of arbitrators shall be one.

18.4 Arbitrator Jombone Appointment Process. Within 10 days after the commencement of arbitration the parties shall agree on the appointment of an arbitrator. If an arbitrator is not selected within this time period, ICDR Canada shall, at the written request of any party, appoint the arbitrator in accordance with its Canadian Arbitration Rules.

18.5 Arbitration Confidentiality. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.



19. GENERAL PROVISIONS

19.1 Order of Precedence. In the event and to the extent of an inconsistency or conflict between any of the terms of these Terms of Use or the Temporary Staffing Services Agreement, the conflict or inconsistency shall be resolved by giving those provisions and documents the following order of descending precedence: (a) the Terms of Use and (b) the Temporary Staffing Services Agreement.

19.2 Governing Law. The construction, validity and performance of these Terms of Use and all non-contractual obligations arising from or connected with these Terms of Use shall be governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, but without reference to any conflict of law provision thereof that might refer jurisdiction to another jurisdiction. In the event that either party resorts to litigation against the other, each party irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of Ontario, Canada.

19.3 Entire Agreement. These Terms of Use constitutes the complete and exclusive agreement between you and Jombone with respect to its subject matter hereof, and supersedes and governs any and all prior agreements or communications, whether written or oral.

19.4 Severability. If any provision of these Terms of Use is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed stricken with respect to that jurisdiction and the remainder of these Terms of Use shall continue in full force and effect insofar as it remains a workable instrument to accomplish the original intent and purposes of the Parties, and, if possible, the Parties shall act in good faith to replace the severed provision with a valid and enforceable provision that reflects the intention of the Parties with respect to the severed provision.

19.5 Waiver. No waiver by Jombone of any breach of any provision of these Terms of Use will be effective or binding unless made in writing and signed by Jombone and, unless otherwise provided, will be limited to the specific breach waived. Failure by Jombone to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.

19.6 Amendments to this Agreement or the Jombone Platform. Jombone reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Use, the Temporary Staffing Services Agreement and the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Jombone Platform or any content or information through the Jombone Platform at any time, effective with or without prior notice and without any liability to Jombone. Jombone will endeavor to notify you of material 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 Jombone Platform. Your continued use of the Jombone Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Jombone may also impose limits on certain features or restrict your access to part or all of the Jombone Platform without notice or liability.

19.7 Assignment. These Terms of Use may not be assigned or transferred by you without our prior written approval. We may assign or transfer these Terms of Use without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section shall be null and void. These Terms of Use will inure to the benefit of Jombone, its successors and assigns.

19.8 Subcontracting. Jombone may, from time to time, in its discretion engage third parties to perform Services, including the hosting of the Jombone Platform (each, a “Subcontractor”). Jombone reserves the right to locate the virtual services and other equipment needed to host and provide the Jombone Platform either at its facilities or at the facilities of Subcontractors and to change the location in its discretion from time to time. Jombone will remain responsible for the performance of all or any part of its obligations set out in these Terms of Use performed by Subcontractors and for any act or omission by any Subcontractor to the same extent as if the performance, act, or omission was Service Provider’s performance, act, or omission.

19.9 No Relationship. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship between Jombone and any User is intended to be created or is created by these Terms of Use.

19.10 Third Party Beneficiaries. No individual or entity shall be a third party beneficiary of these Terms of Use or its terms. These Terms of Use are solely for the benefit of the parties to these Terms of Use and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

19.11 Notices and Consent to Receive Notices Electronically. You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of Use refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service. If you have any questions about these Terms of Use or about the Jombone Platform, please contact us by email at questions@jombone.com.


I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE, THE APPLICABLE SUBSCRIPTION (IN THE CASE OF COMPANIES), THE TEMPORARY STAFFING SERVICES AGREEMENT, AND THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE JOMBONE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.