User Agreement

Witmart User Agreement

Welcome to Witmart.com, the website and online service which is wholly owned by ZBJ Network, Inc. incorporated in Texas USA. By using Witmart (including Witmart.com and its related sites, services and tools), you agree to the following terms with Witmart and ZBJ Network, Inc.. This Agreement is effective between you and Witmart upon your acceptance of this Agreement.

This User Agreement is part of Witmart’s Terms of Services. This page explains the terms by which you may use our web site, web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by Witmart (collectively the “Site”). Before you may become a member of Witmart, you must read and accept all of the terms in, and linked to, Terms of Services, which includes this User Agreement, Privacy Policy and other policies posted on the Site. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Witmart sites or services, or when you use the tools we make available to interact with Witmart sites and services.

Certain capitalized terms used in this User Agreement are defined below. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted, such amendments being agreed to by you by virtue of agreeing to the terms herein.

WITMART SERVICES

Witmart provides an online marketplace and workplace where those seeking non-physical services through the internet can find and employ providers of such services. Those seeking or purchasing such services are termed “Employers”. Those offering or providing such services are termed “Providers”. Any User may be an Employer or a Provider. The Site contains functions that enable Employers and Providers to do the following:

Contest Job: Employer posts a Job with an offered reward (price). Providers can participant and provide their solutions (e.g. designs, writings, ideas and consulting) to the Employer and the Employer will decide which Provider or Providers will win the reward.
Contract Job: Employer posts a Job and invites Providers to bid. Employer will choose a Provider after evaluating their bidding price, skills, abilities and background. After the Job is done, the Employer will pay the Provider the agreed price.
Hour-Job: Hour-Job is actually the Bidding of a Job which is negotiated and paid at an hourly rate.

In addition to the services provided above, Witmart also provides transaction of “Witmart Dollar Credit”, project management tools, Workplace, and an advertising forum.

Witmart, at Witmart’s sole discretion, may provide other services upon specific agreement or arrangement with a User.

WITMART FEES

Witmart Dollar Credit

To use the services in the website, User has to buy Witmart Dollar Credits and use Dollar Credits for the exchange of services in Witmart website. The Dollar Credits User bought from Witmart will be deposited in his/her online witmart account. User can request to withdraw (redeem) the Dollar Credits available in his/her witmart account, in which case Witmart will buy back the Dollar Credits from the User. In case there will be charges by 3rd party service provider (e.g. credit card company, PayPal and etc), Witmart will deduct the 3rd party charges from the payment made to the User who requests the withdraw (redeem) of Dollar Credits.

1 Witmart Dollar Credit equals 1 USD. All transactions of Dollar Credit are between User and Witmart.

From this point on, with relevance to online services of witmart website, "fee" and "$" refer to "Witmart Dollar Credits" whenever applicable, in the same manner, words like "pay", "paying", "payment" and "price" are only relevant to "Witmart Dollar Credits".

Fees

We do charge fees for using some of our services as shown on our Fees Schedule. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees Schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Witmart site. We may choose to temporarily change the fees for our services for promotional events (for example, free Job posting days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. By purchasing a service, you agree that the fee for such service as listed in the Fees Schedule or relevant temporarily offered fee at the time of purchase is fair and just and may be lawfully collected by Witmart.
Unless otherwise stated, all fees are quoted in the Unit of Dollar Credit. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with the Dollar Credits in your Witmart Account.

RELATIONSHIP BETWEEN EMPLOYERS AND PROVIDERS

Member Agreement

Each User who becomes either an Employer or Provider on any given Job must enter into a Member Agreement with the other party involved in the same Job. Witmart shall not be a party to the Member Agreement. The Member Agreement shall consist of the following:

Terms of Service;
the Job terms as awarded and accepted on the Site, to the extent not inconsistent with Terms of Service ;
Contract and Milestone Agreement created by and entered into between Employer and Provider, to the extent not inconsistent with Terms of Service; and
any other agreements between both Employer and Provider and posted on the Site, to the extent not inconsistent with Terms of Service

The order of precedence in resolving disputes among parties to a Member Agreement shall be as follows:

Terms of Service;
the Job terms, as awarded and accepted on the Site;
Contract and Milestone Agreement; and
any other agreements between both Employer and Provider and posted on the Site, to the extent not inconsistent with Terms of Service

Any terms or provisions of an agreement between Users that conflicts with the Terms of Service shall be null and void, but all other terms or provisions shall remain in full force and effect.

As a User, you agree that any terms of agreement with another User comply and do not conflict with Terms of Service.

If you act as an Employer, you assume full responsibility for managing, inspecting, and accepting Provider Services. You accept that the Provider will provide such services in a time, place and manner determined by the Provider, unless otherwise specified in the Member Agreement. You also accept full responsibility for paying for Provider Services to the extent such payment is earned as per the Member Agreement. You agree to pay at a time or on a time schedule provided in the Member Agreement, or, in the event there are no provisions for time or time schedule of payment, in a timely manner.

If you act as a Provider you assume full responsibility for the performance and quality of the Provider Services in accordance with the Member Agreement. You further agree that you will perform the Provider Services in a timely manner that is consistent with industry practice. You further acknowledge that some Provider Services may be performed prior to payment by Employer and agree that Witmart is not responsible for collecting on payment for such services. As a Provider you are solely responsible for collecting any unpaid fees from any Employer for whom you have provided Provider Services.

If you act as either an Employer or Provider, you covenant and agree to act with good faith and fair dealing in the execution and performance of the Member Agreement.

Independent Contractor

You agree that you and the other party to any Member Agreement in which you engage is an independent contractor. Nothing in the Member Agreement or this User Agreement shall be construed as to create a partnership, joint venture, agency, or employer-employee relationship between any party to any Member Agreement or between you and Witmart.

RELATIONSHIP WITH WITMART

Witmart Not a Party to Member Agreements or Jobs

Witmart is not a party to any Member Agreement. User as either Employer or Providers agrees that Witmart is not responsible for the quality, safety or legality of services provided through the Site, the truth or accuracy of Job postings, or in any other way the fulfillment of any obligations of any User. You agree that any actions to enforce your rights in a Member Agreement shall be exclusively against the other party to the Member Agreement and not against Witmart.

Witmart makes no representations or guarantees about the credentials, qualifications, capabilities or business or professional record of any User.

You acknowledge that any information posted on the Site about any User or any third party is provided by such User or third party. Witmart makes no representations as to the veracity of such information. If you rely on such information, you hereby agree that Witmart is not liable for any misrepresentation so posted and that only the User or third party about whom such information is posted shall be liable for any damages you may incur as a result of reliance on such information.

Third-Party Beneficiary of Member Contract

In acknowledgement of the fact that the value of the Site depends on Users performing their obligations with respect to Jobs and Member Agreements and in consideration of such fact, you agree that any Member Agreement in which you enter with another User shall make Witmart a third-party beneficiary for purposes of enforcing the obligations created in that Agreement as well as this User Agreement. You agree that Witmart in enforcing its Third Party Beneficiary rights may suspend or terminate any Users account or right to use the Site along with any other actions Witmart may have according to Law as a Third Party Beneficiary. Witmart has sole discretion in determining and exercising its Third Party Beneficiary rights.

Taxes, Reporting and Witmart 1099 Service

Provider Form W-9 Requirements: If you act as a Provider through the Site and enter and maintain timely, complete and accurate Account registration information on the Site, Witmart will automatically fulfill your Form W-9 requirements, if any, to Employers who pay you through the Site.

Employer Form 1099-MISC and Form 1096 Requirements: If you act as an Employer through the Site and pay a Provider via the Site, you may request Witmart’s 1099-MISC and/or 1096 service. In order to qualify for this service you must enter and maintain timely, complete and accurate Account registration information on the Site, including your social security number and/or tax identification number. Witmart retains sole discretion in determining whether any Employer qualifies for the Witmart 1099-MISC or 1096 service. If you qualify for this service, Witmart will automatically fulfill your Form 1099-MISC and Form 1096 requirements, if any, to Providers and to the US IRS.

Witmart’s provision of W-9, 1099-MISC and/or 1096 in no way obligates Witmart to provide any other services related to any User’s tax or governmental recording obligations.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

USINGING WITMART

While using Witmart sites, services and tools, you will not:

post content or items in an inappropriate for legitimate business to be conducted by Users of the Site as determined at Witmart’s sole discretion;
violate any laws, third party rights or our policies;
use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
fail to deliver payment for items purchased by you, unless the Provider has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the Provider's identity;
fail to deliver services purchased from you, unless the Employer fails to meet the requested services, or you cannot authenticate the Employer 's identity;
circumvent or manipulate our fee structure, the billing process, or fees owed to Witmart;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (including but not limited to displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Witmart);
transfer your Witmart account (including feedback) and User ID to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Witmart, or the interests or property of Witmart users;
copy, modify or distribute rights or content from the Witmart sites, service or tools or Witmart's copyrights and trademarks; or
Harvest or otherwise collect information about users, including email addresses, without their consent.

To register for an Account with Witmart and become a Member, you must accept all of the terms and conditions in, and linked to, this Agreement. By becoming a Member, you agree to:
be financially responsible for your use of the Site and the purchase or delivery of Provider Services; and
perform your obligations as specified by any Member Agreement that you accept, unless such obligations are prohibited by law or by this Agreement.

ABUSING WITMART

We are working hard to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Witmart sites, services or tools.

ACCOUNTS

To become a Member and access Site Services through our Site you must register for an "Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

You as a Member represent, warrant, and agree to grant access to the Account to Users authorized to act on your behalf and only in accordance with this Agreement. Additionally, you represent, warrant, and agree to be fully responsible and liable for any action of any User who uses your Account. You agree:

not to use any Account, username, or password of another User of the Site that you are not authorized to use, and
not to allow others who are not authorized to do so to use the Account at any time.

Your Witmart Account (including feedback) and username are not transferable, and any transfer or attempted transfer to another party is null and void.

USERNAMES AND PASSWORDS

When you as a Member register an Account, you will be asked to choose a username and password for the Account.

As a Member, you agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access this Site. You authorize Witmart to assume that any person using the Site with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the Account or access to your password or the password of any User of your Account.

THIRD-PARTY CONTENT

Verification and Monitoring

Witmart makes available to Members on the Site various services provided by third parties to verify a Member’s credentials, or provide information. Any opinions, advice, statements, services, offers or other information or content expressed or made available by these third parties or any other Members are those of the respective author(s) or distributor(s) are solely the opinions, advice, statements, services, offers or other information or content made by or provided by those other parties and not by Witmart. Witmart neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized Witmart employees acting in their official capacities.

Links

This Site may contain links to third party web sites, services, or resources. Such Web sites, services, and resources are owned and operated by the third-parties and/or Providers and their licensors. Your access and use of those Web sites, services, and/or resources, including online communication services including but not limited to chat, email and calls, will be governed by the terms and policies of the applicable Web site, service, or resource or Provider. You acknowledge and agree that Witmart is not responsible or liable for:

the availability or accuracy of such sites, services, or resources; or
the content, advertising, or products on or available from such sites, services, or resources.

The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.

LICENSES AND SITE ACCESS

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission signed by hand.

Additionally, you agree that you will not:

take any action that imposes or may impose (as determined at Witmart’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from Witmart sites without the prior express written permission of Witmart and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with Witmart sites, services or tools; or
bypass measures we may use to prevent or restrict access to the sites.

Additional User Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

a. You are at least 18 years of age or a legal entity and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

c. Your User Content and Witmart’s use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

d. Witmart may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Witmart License to User

Subject to and conditioned on compliance with this Agreement, Witmart grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Site Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of Witmart or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Witmart.

Witmart and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The Witmart logo and name are trademarks of Witmart, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.

Except as expressly stated above, nothing in this Agreement confers any license under any of Witmart's or any third party's Intellectual Property Rights, whether by estoppels, implication or otherwise.

LEGAL DISPUTES

If a dispute arises between you and Witmart, our goal is to have a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Witmart agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

Arbitration

Unless otherwise required by Law, all disputes arising under this Agreement between User and Witmart shall be resolved finally by arbitration pursuant to the applicable Rules of Arbitration of the American Arbitration Association, Commercial Section ("AAA") in effect on the date hereof. The arbitration shall take place in Fort Bend County, Texas and shall be conducted in the English language. There shall be one arbitrator who shall be chosen under the AAA rules. The substantive law applicable to the subject matter of the arbitration shall be the laws of the State of Texas. The award shall be final and binding upon the parties and may be confirmed or entered as an enforceable judgment by any court of competent jurisdiction. The cost of the arbitrator and administrative costs of arbitration will be borne equally by the parties. All other costs or expenses incurred by a party for its participation and advisors in the arbitration will be borne by the respective party incurring such cost or expense.

Law for Legal Disputes and Forum for Enforcement

This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Fort Bend County, Texas for the purpose of enforcement of all arbitration orders, decrees and/or judgments.

Improperly Filed Claims

All claims you bring against Witmart must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Witmart may recover attorneys' fees and costs, provided that Witmart has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

TERMINATION AND SUSPENSION

This Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by Witmart or you as provided for under the terms of this Section.

Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this Agreement at any time upon notice to the other party. In the event you properly terminate the contractual agreement represented by this Agreement, your Account is automatically terminated and

Witmart shall continue to perform those Witmart Services necessary to complete any open transaction between you and another Member; and
you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Witmart for any Site Services and to any Providers for any Provider Services.

Without limiting Witmart's other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all Site Services to you if:

you breach the letter or spirit of any terms and conditions of this Agreement or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site;
we suspect or become aware that you have provided false or misleading information to us; or
we believe in our sole discretion that your actions may cause legal liability for you, our Members or for Witmart or are contrary to the interests of the Site or the Witmart user community.

Once indefinitely suspended or terminated, you must cease use of the Site under any Account and may not reregister under a new Account.

In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

Without limiting Witmart's other remedies, to the extent you engage in actions or activities which circumvent the Witmart Site or otherwise reduce fees owed Witmart under this Agreement, you must pay Witmart for all fees owed to Witmart and reimburse Witmart for all losses and costs (including any and all Witmart employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.

Witmart reserves the right to suspend or terminate any User access, Account, or Job for any reason or no reason, at its sole discretion and to refuse to provide registration and membership to such User in the future. We will notify you if we suspend or terminate your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be suspended or terminated if such notification is required under law.

When your Account is suspended or terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals.

Notification of Witmart Members

You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member Account status to all Members, including both yourself and other Members who are participating in Jobs with you. You therefore agree as follows: IF WITMART SUSPENDS OR TERMINATES YOUR ACCOUNT OR JOB, WITMART HAS THE RIGHT BUT NOT THE OBLIGATION TO

NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOB WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED ACCOUNT OR JOB STATUS, AND
PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.

LIMITATION OF LIABILITY

You will not hold Witmart responsible for other users' content, actions or inactions, Jobs and Bids they post or other User’s destruction of allegedly fake items. You acknowledge that our sites are marketplaces to allow anyone to request, offer, sell, and buy varied services, non-physical products and digital goods, at anytime, from anywhere. We are not involved in the actual transaction between Employers and Providers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of Providers to provide services, the ability of Employers to pay for services, or that an Employer or Provider will actually complete a transaction.

We do not transfer legal ownership of items (e.g. designs and works) from the Provider to the Employer. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of our sites, services and tools or your inability to use our sites, services and tools.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the full cost of the item and (b) the total fees (under Witmart Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability.

RELEASE

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

WARRANTY DISCLAIMER

THE SITE SERVICES PROVIDED BY WITMART OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

NOTICES

Except as explicitly stated otherwise, legal notices shall be served on ZBJ Network Inc (in the case of notices to Witmart) or to the email address you provide to Witmart during the registration process (in the case of notices to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the mailing address you provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Witmart Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Witmart Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

GENERAL

Witmart is a website wholly owned by ZBJ Network, Inc. located at 2150 Town Square Place, Suite 150, Sugar Land, Texas 77479 USA. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you (or your authorized agent) and authorized agent of ZBJ Network, Inc.. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

CONTACTING US

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact Witmart Customer Support as follows:

Web Support: http://www.Witmart.com/service
Email: services@Witmart.com
Phone: (Mon-Fri, 8 a.m. - 5 p.m. Centre Time): 1-877-WIT-MART (1-877-948-6278)
Online Help Topics: http://www.Witmart.com/help

DEFINED TERMS

Any capitalized term not otherwise defined in this Agreement has the meaning given such term on the Site. As used throughout this Agreement:

"Account" means your account with Witmart established upon registration on the Site.

"Employer" means a person or company who posts a Job on the Site.

"Provider" means a person or company who provides non-physical services like designing, engineering, consulting and writing through the internet via the Site.

"Provider Services" means all services delivered by Providers.

"Witmart" in context of stating or describing a power or right held by "Witmart" also means "ZBJ Network, Inc."

"Witmart Services" means Witmart's provision of a market place, workplace and other services defined above to its Users through the Site. The term Witmart Services does not include Provider Services or any services provided by any third party.

"Intellectual Property Rights" means any rights appurtenant to patents, copyrights, , trademarks, trade secrets, and goodwill as well as rights of publicity, trade dress and service mark rights, , moral rights, mask work rights, and any other intellectual property rights as now may exist or may come into existence in the future. The term shall also apply to all applications for such rights as well as registrations, renewals and extensions. The term shall apply for such property rights governed by the laws of the United States, any other country, any state, territory or any other jurisdiction.

"Member" means a person or legal entity that registers an Account with the Site. For purposes of this Agreement, "Member" also means "User".

"Secure Areas" means portions of the site that are encrypted using the Hypertext Transfer Protocol Secure (also known as "HTTPS") or any other encryption mechanism.

"Contract and Milestone Agreement" means Contract and Milestone between Employer and Provider created negotiated and agreed by Employer and Provider. It may include specifications, price, milestones, deliverables, and units of work, hours, payment terms, warranties and other contractual obligations.

"Site Services" means "Witmart services".

"Job" means a job or project posted on the Site.
"User" means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization.

"Workplace" means the Site Services that allow for communication and interaction between an Employer and Provider.