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TERMS OF USE
This Web Site Legal
Terms and Disclaimer (the "Agreement") is an agreement between you
("You" and "Your") and One2Hire Inc. (the "Company"). "We"
and "Us" means both You and the Company. The effective date of this
Agreement is when You accept or are deemed to accept this Agreement
in accordance with the procedure set out in this Agreement.
Acceptance Procedure
IMPORTANT! YOUR USE OF THIS WEB SITE MEANS THAT YOU ACCEPT THESE LEGALLY
BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE APPLICABLE TERMS
AND CONDITIONS AS SET OUT BELOW. IF YOU DO NOT AGREE WITH THEM, PLEASE
EXIT THIS WEB SITE.
The Company's website
is a forum where potential employees and employers can meet to discuss
and explore employment matters and opportunities. The Company is not
a party to any interactions, including any contracts or employment relationships
arising out of Your use of the Company's website. You are solely responsible
for the retrieval and use of the Content (as defined below), transactions,
products and services available on or through this website. The Company
has no obligation to screen any of the Content, nor does the Company
monitor the Content that You or other users post on the Company's
website. You should apply Your own judgment in making any use of the
Content, including, without limitation, the use of the Content as the
basis for any conclusions, including engaging in any way with any prospective
employers or employees as the case may be.
You hereby consent
to the exchange of information and documents between Us electronically
over the Internet or by e-mail and that this electronic Agreement shall
be the equivalent of a written paper agreement between Us.
- Ownership And Copyright.
You acknowledge that any and all information including without limitation
any content, reports, résumés, cover letters, job-seeker information,
employer information, data, databases, graphics, interfaces, web pages,
text, files, software, product names, company names, trade-marks, logos
and trade names contained on this web site (collectively the "Content")
including the manner in which the Content is presented or appears and
all information relating thereto, are the property of their respective
owners as indicated, the Company or its licensors, as the case may be.
- Permitted Use.
The Company hereby grants to You a personal, non-transferable and non-exclusive
license to access, read and download one copy of the Content.
- Restrictions On Use.
You agree that You will not: (i) distribute the Content for any purpose
including without limitation compiling an internal database, redistributing
or reproduction of the Content in any way; or (ii) create derivative
works of, decompile, adapt, translate, transmit, arrange, modify, copy,
bundle, sell, sub-license, export, transfer, loan, lease, assign, share,
host, publish, make available to any person or otherwise use, either
directly or indirectly, the Content in whole or in part, in any form
or by any means whatsoever, be they physical, electronic or otherwise.
You shall not permit, allow or do anything that would infringe or otherwise
prejudice the proprietary rights of the Company or its licensors or
allow any third-party to access the Content. The restrictions set out
in this Agreement shall not apply to the limited extent the restrictions
are prohibited by applicable law. You agree that You will not post any
information that is false, misleading, or inaccurate. The Company reserves
the right in its unfettered discretion, to remove any Content that You
submit or post on the Company's website.
- User Content.
You are responsible for all Content that You submit to any public areas
of the Company's website. You understand that by posting Content,
including any personal information contained in résumés, You are making
said Content available to the general public. The Company is not responsible
for any consequences of any Content that You post in a public area of
the Company's website, including any misuse of personal information.
- Fees.
Membership on this web site is generally free. The Company charges fees
for certain services including, for example, additional promotion for
a specific job posting. When selecting a paid service, You will have
the opportunity to review and accept that fee. All fees are quoted in
Canadian Dollars, and may change from time to time. Fee changes are
effective when We provide You with notice by posting said changes on
the Company's web site. Fees are non-refundable, and You are responsible
for paying fees when they are due. If payment is not made when
it is due, We reserve the right to collect outstanding fees by other
avenues available to the Company.
For any paid services,
the Company does not guarantee the number of times Your posting will
be displayed or viewed, nor does the Company guarantee any benefit to
You, including monetary or goodwill benefit.
In the event that
the Company's website fails for any reason, resulting in downtime
to Your paid posting, the Company will maintain the paid posting on
its website for an amount of time equal to the downtime. In any case,
the Company will not be responsible for issuing a refund of Your fees.
- Sharing Your Information.
When registering with this website, You provide the Company with certain
private information such as Your email address, for example. Subject
to our Privacy Policy, You hereby grant to the Company the non-exclusive,
perpetual, royalty-free, world wide, irrevocable, transferable license
to display, copy, reproduce, publish, distribute, market, create derivative
works of, adapt, sub-license, assign, share, make available to any person
or otherwise use, any information or other content You provide on or
through this web site or which is sent to the Company by e-mail or other
correspondence. The Company shall not be subject to any obligations
of confidentiality regarding any such information unless specifically
agreed by the Company in writing or required by law. You represent and
warrant that You have the right to grant the license set out above.
By using the Company's
website, You understand and agree that the Company may share Your information
with employer users, or employee users of the Company's website, as
the case may be.
- Privacy.
For more information regarding personal information, please visit our
Privacy Policy [Insert URL[.
- Disclaimers.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON
THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND
SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK
AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO
THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION
OR OTHER USE OF YOUR PERSONAL INFORMATION.
You are solely responsible
for the retrieval and use of the Content, transactions, products and
services available on or through this website. The Company has no obligation
to screen any of the Content, nor does the Company monitor the Content
that You or other users post on the Company's website. You should
apply Your own judgment in making any use of the Content, including,
without limitation, the use of the Content as the basis for any conclusions,
including engaging in any way with any prospective employers or employees
as the case may be.
This web site and
its Content are not to be construed as a form of promotion. This web
site contains links to other sites. The Company does not assume responsibility
for the accuracy or appropriateness contained at such sites, and when
You access such sites, You are doing so at Your own risk. In providing
links to the other sites, the Company is in no way acting as a publisher
or disseminator of the material contained on those other sites and does
not monitor or control such sites. A link to another site should not
be construed to mean that the Company is affiliated or associated with
same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT,
INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON
OTHER WEB SITES. The mention of another party or its product or service
on this web site should not be construed as an endorsement of that party
or its product or service.
The Company will not
be responsible for any damages You or any third-party may suffer as
a result of the transmission, storage or receipt of confidential or
proprietary information that You make or that You expressly or implicitly
authorize the Company to make, or for any errors or any changes made
to any transmitted, stored or received information.
THE CONTENT MAY NOT
BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND ANY USE OR DECISIONS
WHATSOEVER THAT ARE BASED ON THE CONTENT IS AT YOUR OWN RISK.
EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT AND SERVICES
ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS,
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION,
ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY,
SUITABILITY, PRIVACY, SECURITY, QUALITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING
OR USAGE OF TRADE.
IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSE-QUENTIAL
DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR
LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY
OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL COMPANY,
ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM:
VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS;
TELECOMMUNICATIONS SERVICE PROVIDERS; THE INTERNET BACKBONE; PERSONAL
INJURY; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES,
AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES
INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY
TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO
OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE
COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
THE COMPANY ASSUMES
NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS
SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE
FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION
OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES
WHERE IT MAY BE ILLEGAL IS PROHIBITED.
- Termination.
This Agreement is effective until terminated by the Company, with or
without cause, in the Company's sole and unfettered discretion. The
Company may terminate this Agreement without notice to You if You fail
to comply with any of its terms. Any such termination by the Company
shall be in addition to and without prejudice to such rights and remedies
as may be available to the Company, including injunction and other equitable
remedies. The disclaimers, limitations on liability, ownership,
termination, inter-pretation, Your license to the Company, Your warranty
and the indemnity provisions of this Agreement shall survive the termination
or expiry of this Agreement.
- Indemnity.
You agree at all times to indemnify, defend and hold harmless the Company,
its agents, suppliers, affiliates and their respective directors and
employees against all actions, proceedings, costs, claims, damages,
demands, liabilities and expenses whatsoever (including legal and other
fees and disbursements) sustained, incurred or paid by the Company directly
or indirectly in respect of: (i) any information or other content
You provide on or through this web site or by e-mail or other correspondence;
or (ii) Your use or misuse of the Content or this web site, including
without limitation infringement claims.
- Governing Law.
The Company is located in the Province of Ontario, Canada. This Agreement
will be governed by the laws of the Province of Ontario and the federal
laws of Canada and shall be treated in all respects as an Ontario contract,
without reference to the principles of conflicts of law. In the event
of a dispute, We agree to submit to the non-exclusive jurisdiction of
the Ontario courts. You agree to waive any right You may have to: (i)
a trial by jury; and (ii) commence or participate in any class action
against Company related to this web site, the Content or this Agreement
and, where, applicable, You also agree to opt out of any class proceedings
against Company or its licensors. We have required that this Agreement
and all documents relating thereto be drawn-up in English. Nous avons
demandé que cette convention ainsi que tous les documents qui s'y
rattachent soient rédigés en Anglais.
- Entire Agreement.
This Agreement as it may be amended from time to time in accordance
with the provisions of Section 13, and any and all other legal notices
and policies on this web site, constitute the entire agreement between
You and the Company with respect to the use of this web site and the
Content.
- Amendment and Waiver.
The Company reserves the right, in its discretion, to amend this Agreement
at any time by posting amendments on this web site. You are responsible
for periodically reviewing the amendments on this web site and You are
deemed to be aware of such amendments. If You do not agree to the amended
terms and conditions, You shall immediately stop using this web site.
Access to this web site or use of this web site after any amendments
have been posted shall constitute Your acknowledgement and acceptance
of the amended terms and conditions. No supplement, modification or
amendment to this Agreement and no waiver of any provision of this Agreement
shall be binding on the Company unless executed by the Company in writing.
No waiver of any of the provisions of this Agreement shall be deemed
or shall constitute a waiver of any other provision (whether or not
similar) nor shall such waiver constitute a continuing waiver unless
otherwise expressly provided.
- Severability.
Any provision of this Agreement which is held by a court of competent
jurisdiction to be illegal, invalid or unenforceable in such jurisdiction
shall, as to that jurisdiction, be ineffective to the extent of such
illegality, invalidity or unenforceability and shall otherwise be enforced
to the maximum extent permitted by law, all without affecting the remaining
provisions of this Agreement or affecting the legality, validity or
enforceability of such provision in any other jurisdiction.
- Enurement.
This Agreement shall enure to the benefit of and be binding upon each
of Us and our respective successors and permitted assigns. You acknowledge
having read this Agreement before accepting it, and having the authority
to accept this Agreement.
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