Terms of Service

The Home Service Community Terms and Conditions

Effective as of August 27, 2024

Last Updated Date: August 27, 2024

 

1. Introduction

These terms and conditions (the "Community Terms and Conditions") apply to your use of The Home Service Community Site (the "Community"). Jobber makes the Community available, subject to your acceptance of these Community Terms and Conditions, the Jobber Terms of Service, the Jobber Privacy Policy, and The Home Service Community Guidelines (collectively, the "Other Terms and Conditions", and together with these Community Terms and Conditions, the “Terms”), which may be updated from time to time in Jobber’s sole discretion. The Other Terms and Conditions are incorporated by reference and are deemed to have the same force and effect as if set forth in full herein. Any capitalized terms not otherwise defined in these Community Terms and Conditions shall have the meanings ascribed to them in the Jobber Terms of Service, and if there is a conflict between the terms of these Community Terms and Conditions and the Jobber Terms of Service, the terms of the Jobber Terms of Service shall govern unless explicitly stated otherwise. The term “you” or “your”, as applicable, refers to the individual or legal entity, as applicable, identified as the user when registered for the Community. 

 

You agree to abide by the Terms whenever you use the Community, navigate through its pages or resources, or publish, read, or otherwise use Content (as defined below) on the Community (collectively referred to as "use"). Please read these Terms as they constitute a legally binding agreement between you and Jobber. If you do not agree to the Terms, then do not use the Community. You acknowledge and agree that use of the Community constitutes “use of the Service” as that term is understood and used in the Jobber Terms of Service.  

 

2.  Hosting

Jobber uses a third party, Khoros, LLC ("Khoros") to host the Community. You understand, agree, and authorize Khoros to host, collect, and maintain data, administer, monitor, and other like activities in connection with hosting the Community.

 

3.  Community Account

The following is necessary, but not sufficient, to use the Community:

  • a) you must have an existing Jobber account (you do not need to be a paying Jobber customer);
  • b) you must be at least eighteen (18) years old; and
  • c) you must create a Community account in accordance with the instructions found on the Community registration page

(collectively, the “Community Registration Information”).

 

In consideration of your use of the Community, you agree that all your Community Registration Information is accurate, true, and complete, and that you will keep it up to date. If you provide any information that is inaccurate, untrue, incomplete, or not up to date, or if Jobber has reasonable grounds to suspect that the Community Registration Information you have provided is inaccurate, untrue, incomplete, or not up to date, then, without limiting any other terms herein, Jobber may exercise its rights as contemplated in Section 5 (Moderation, Termination, and Other Remedies) herein. 

 

4.  Disclaimer of Warranties

You expressly acknowledge, understand, and agree that:

  • a) information, data, text, software, sound, photographs, graphics, video, messages, advice, or other materials of any kind made available through the Community ("Content") does not constitute official communication or support provided by Jobber;
  • b) opinions expressed in Content on the Community are those of contributors of such Content only and does not reflect the opinions or policies of Jobber;
  • c) you are responsible for all Content you make available to the Community, Jobber does not control and assumes no responsibility for such Content or any Content made available by any users of the Community, and Jobber is not liable for any Content on the Community;
  • d) Jobber does not warrant, endorse, guarantee, or assume responsibility for any Content made available through the Community or any hyperlinked website, Jobber is not liable for any hyperlinks posted in the Community, and you are opening hyperlinks at your own risk;
  • e) Jobber is not liable for any errors or delays in the Content or transmission of Content;
  • f) Jobber does not guarantee the confidentiality or privacy of any communication or information transmitted on the Community or otherwise in connection with the Community and Jobber will not be liable for the privacy of email addresses, registration and identification information, or your confidential or trade-secret information that you make available on the Community;
  • g) you are responsible for your decision to act or not act upon the Content.
  • h) your use of the Community is at your own risk and the Community is provided on an "as is" and "as available" basis; and
  • i) to the fullest extent possible under applicable law, Jobber gives no warranty, express or implied, as to the quality, content, availability, and/or fitness for a specific purpose of the Community.
 

5.  Moderation, Termination, and Other Remedies

Jobber reserves the right to moderate the activity on the Community and may remove, archive, and/or edit any Content for any or no reason, including, but not limited to, Content that, in Jobber’s sole discretion, violates the Terms. Jobber may remove, archive, and/or edit any such Content without prior notification to the responsible user.

 

Without limiting its other rights to terminate or suspend access to the Community, Jobber reserves the right to terminate or suspend your access to the Community at any time for any or no reason, including, but not limited to, if, in Jobber’s sole discretion, you are in contravention of any of the Terms. If Jobber terminates or suspends your access to the Community for any reason whatsoever, Jobber shall have no liability or responsibility to you. Please note that if your access to the Community is terminated by you or Jobber for any reason, Content that you have made available may be kept in the Community.

 

Jobber reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Community or any of its functions and features with or without notice. If Jobber modifies or discontinues the Community, Jobber shall have no liability or responsibility to you.

 

You hereby agree and acknowledge that irreparable harm will be suffered by Jobber in the event of your breach or threatened breach of the Terms, and that Jobber will be entitled to seek, in addition to any other rights and remedies that Jobber may have at law or equity, a temporary or permanent injunction restraining you from engaging in or continuing any such breach hereof. Any claims asserted by you against Jobber shall not constitute a defense in any injunction action, application, or motion brought against you. Any waiver, either expressed or implied, by Jobber of any default by you in the observance and performance of any of the Terms shall not constitute or be construed as a waiver of any subsequent or other default.



6.  Privacy

We respect the privacy of our users. For more information please see the Jobber Privacy Policy. By using the Community, you consent to our collection, use, and disclosure of personal information and other data as outlined therein.

 

By using the Community and providing us with your Community Registration Information, you are consenting to be contacted by Jobber or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, email, or other telephonic or electronic means for marketing, solicitation, informational and/or other purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Jobber or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts, emails, or other communications. You do not have to consent to receive calls or text messages from Jobber or its affiliates or partners for marketing or solicitation purposes to purchase Jobber’s products or services. In the event you no longer wish to receive such calls, text messages, or other communications, you agree to notify Jobber or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Jobber account information to ensure that your messages are not sent to a person that acquires your old telephone number.

 

7.  Community Guidelines

We respect the integrity and safety of our users. By using the Community, you expressly acknowledge, understand, and agree:

  • a) to use the Community in accordance with The Home Service Community Guidelines; and
  • b) that any use of the Community not in accordance with The Home Service Community Guidelines may result in Jobber exercising its rights as contemplated in Section 5 (Moderation, Termination, and Other Remedies) herein.
 

8.  Non-Competition

By using the Community, you agree that you will not, either individually or behalf of a third-party, directly or indirectly: 

  • a) misappropriate or infringe Jobber's intellectual property rights;
  • b) reverse engineer, decompile, disassemble, disclose, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of Jobber's products and services;
  • c) modify, translate, or create derivative, or competing works of Jobber's products and services;
  • d) use the Community to develop, improve, or modify a product or service that competes with Jobber's products and services; and/or
  • e) make available the Content with others who have not agreed to these Terms.
 

9.  Intellectual Property

You grant Jobber a perpetual, sublicensable, transferable, non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, make available to the public, publish, translate, create derivative works from, distribute, and otherwise fully exploit any Content that you make available through the Community and to exercise all copyright and publicity rights with respect to such Content, without any attribution to you.

 

You represent and warrant that the Content you make available through the Community is not confidential or proprietary information of you or any third party and you have all of the necessary rights to make said Content available through the Community.

 

10.  Limitation of Liability

In no event shall Jobber or any third parties be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to any loss of data, service interruption, computer failure, or pecuniary loss) arising out of the use of or inability to use the Community, even if you have advised Jobber about the possibility of such loss, and including any damages resulting therefrom. Your only right with respect to any problems or dissatisfaction with the Community is to terminate your account and to stop using the Community.

 

11.  Indemnification 

To the extent permitted under applicable law, you shall indemnify and hold Jobber and its subsidiaries, affiliates, officers, agents, and employees (collectively, the “Jobber Parties”) harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any Content submitted, posted, transmitted, or made available by you through the Community and/or any violation by you of these Terms, the rights of any third-party, or any applicable law or regulation. Jobber will provide notice to you of any such claim, suit, or proceeding. Jobber reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision, and you agree to cooperate with any reasonable requests assisting Jobber’s defense of such matter. You may not settle or compromise any claim against the Jobber Parties without Jobber’s written consent. This provision does not require you to indemnify Jobber for any unconscionable commercial practice by Jobber or for Jobber’s fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the website or any services provided hereunder.

 

12.  Governing Law 

Any dispute or claim relating in any way to your use of the Community will be governed and interpreted by and under the laws of Alberta, Canada without giving effect to any principles that provide for the application of the law of any other jurisdiction. You hereby attorn to the exclusive jurisdiction of the provincial and federal courts located in the province of Alberta with respect to any dispute or claim arising out of or in connection with the Terms.

 

13.  Modification 

Jobber reserves the right to modify the Terms at any time and at its sole discretion, effective upon posting of the modified Terms. Your continued use of the Community after such posting will constitute your acceptance of such changes. Please do not use the Community if you do not agree to the new Terms.