This page states the "Terms and Conditions" under which you may use
JobMatcher.ca. Please read this page carefully. If you do not accept the
Terms and Conditions stated here, do not use this web site and service. By
using this web site, you are indicating your acceptance to be bound by the
terms of these Terms and Conditions. JobMatcher.ca Inc.(the
"Company") may revise these Terms and Conditions at any time by
updating this posting. You should visit this page periodically to review the
Terms and Conditions, because they are binding on you. The terms
"You" and "User" as used herein refer to all individuals
and/or entities accessing this web site for any reason.
Use of Material.
The Company authorizes you to view and download a single copy of the material
on JobMatcher.ca Inc.(the "Web Site")
solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images, logos, button
icons, software and other "Material", are protected under both
Canadian and foreign copyright, trademark and other laws. All Material is the
property of the Company or its content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all content on this Web
Site is the exclusive property of the Company and protected by Canadian and
international copyright laws. Unauthorized use of the Material may violate
copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices
contained in the original Material on any copy you make of the Material. You
may not sell or modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public or
commercial purpose. The use of the Material on any other web site or in a
networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to
generate its pages. It is also protected by the Company’s copyright.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable law
or regulation, (b) in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property rights of others or violate the
privacy, publicity or other personal rights of others, or (c) that is
defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or attempting to
violate the security of the Web Site, including, without limitation, (a)
accessing data not intended for such user or logging into a server or account
which the user is not authorized to access, (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or
criminal liability. The Company will investigate occurrences which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals seeking
employment and career information and employers seeking employees. The
Company specifically prohibits any use of the Web Site, and all users agree
not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or
information which is not your own accurate resume (living individual seeking
employment on a full-time or part-time basis on his or her own behalf).
Posting any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business
opportunity which requires an up front or periodic payment, pays commissions
only (no significant salary), requires recruitment of other members,
sub-distributors or sub-agents.
Posting any jobs on any Monster Site for any competitor of Monster or posting
jobs or other content that contains links to any site competitive with
Monster.
Posting jobs for Modeling or Talent or Talent Scouting positions. Monster
does not provide services for companies that offer this type of employment.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere
with the proper working of this Web Site or any activity being conducted on
this site.
Taking any action which imposes an unreasonable or disproportionately large
load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this Web Site,
disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Web Site other than the search
engine and search agents available from the Company on this Web Site and
other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Web Site.
Aggregating, copying or duplicating in any manner any of the materials or
information available from the Web Site.
Framing of or linking to any of the materials or information available from
the Web Site.
User Information.
When you register for the Web Site, you will be asked to provide the Company
with certain information including, without limitation, a valid email address
(your "Information"). In addition to the
terms and conditions that may be set forth in any privacy policy on this Web
Site, you understand and agree that the Company may disclose to third
parties, on an anonymous basis, certain aggregate information contained in
your registration application. The Company will not disclose to any third
party your name, address, e-mail address or telephone number without your
prior consent, except to the extent necessary or appropriate to comply with
applicable laws or in legal proceedings where such information is relevant.
The Company reserves the right to offer third party services and products to
you based on the preferences that you identify in your registration and at
any time thereafter; such offers may be made by the Company or by third
parties. Please see the Company’s Privacy Policy for further details regarding
your Information.
User Submissions.
As a user, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not, and by using
this Web Site you agree not to, do the following things: post material that
is copyrighted, unless you are the copyright owner or have the permission of
the copyright owner to post it; post material that reveals trade secrets,
unless you own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on the
privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another user or any other person or entity; post a sexually-explicit image or
statement; post advertisements or solicitations of business, post chain
letters or pyramid schemes; impersonate another person; or post material that
contains viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines or engines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by users or endorse
any opinions expressed by users. You acknowledge that any reliance on
material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and
publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of
communications which allegedly do not conform to these Terms and Conditions,
the Company may investigate the allegation and determine in good faith and
its sole discretion whether to remove or request the removal of the
communication. The Company has no liability or responsibility to users for
performance or nonperformance of such activities. The Company reserves the
right to expel users and prevent their further access to the Web Site for
violating the Terms and Conditions or the law and the right to remove
communications which are abusive, illegal, or disruptive. The Company may
take any action with respect to user-submitted information that it deems
necessary or appropriate in its sole discretion if it believes it may create
liability for the Company or may cause the Company to lose (in whole or in
part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site,
including message boards, forums, contests and chat rooms, you grant the
Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive
right (including any moral rights) and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed, for the full term of any rights
that may exist in such content. You also warrant that the holder of any
rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You also permit any User to
access, display, view, store and reproduce such
content for personal use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such
content.
Any hyperlinks contained in a job posting submitted by a User will be
disabled when such job posting is posted on a JOBMATCHER.CA Site.
Registration and Password.
You are responsible for maintaining the confidentiality of your information
and password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify the Company
of any unauthorized use of your registration or password.
The Company's Liability.
JobMatcher.ca Inc. is only a venue. This Web Site
acts as a venue for employers to post job opportunities and candidates to
post resumes and does not screen or censor the listings offered. The Company
is not involved in the actual transaction between employers and candidates.
As a result, the Company has no control over the quality, safety or legality
of the jobs or resumes posted, the truth or accuracy
of the listings, the ability of employers to offer job opportunities to
candidates or the ability of candidates to fill job openings. In addition,
note that there are risks, including but not limited to the risk of physical
harm, of dealing with strangers, foreign nationals, underage persons or
people acting under false pretenses. You assume all risks associated with
dealing with other users with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult, JobMatcher.ca Inc.cannot and does not confirm that each user is who
they claim to be. Because we do not and cannot be involved in user-to-user
dealings or control the behavior of participants on JobMatcher.ca, in the
event that you have a dispute with one or more users, you release the Company
(and our agents and employees) from claims, demands and damages (contractual
and extra-contractual, actual and consequential, direct and indirect,
punitive) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
We are under no legal obligation to, and generally do not, control the
information provided by other users which is made available through the Web
Site. By its very nature, other people’s information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or deceptively
labeled. We expect that you will use caution and common sense when using this
Web Site.
The Material may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of the Web Site or the Material. The use of the Web Site and the
Material is at your own risk. Changes are periodically made to the Web Site
and may be made at any time.
You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any resume or material contained therein placed by
you on the Web Site. Employers are solely responsible for their postings on
the Web Site.
The Company is not to be considered to be an employer with respect to your
use of the Web Site and the Company shall not be responsible for any
employment decisions, for whatever reason made, made by any entity posting
jobs on the Web Site.
No Warranties
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR
THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY
OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY,
MORAL OR MATERIAL INJURY (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO
USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR
EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
The Web Site contains links to third party web sites. These links are
provided solely as a convenience to you and not as an endorsement by the
Company of the contents on such third-party Web sites. The Company is not
responsible for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such third
party Web sites. If you decide to access linked third party Web sites, you do
so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any
unauthorized commercial use of the Web Site.
Limitation of Liability.
The aggregate liability for the Company to you for all claims arising from
the use of the Materials is limited to $100.
Termination.
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your postings from
this Web Site and immediate termination of your registration with or ability
to access the Web Site and/or any other service provided to you by the
Company, upon any breach by you of these Terms and Conditions or if the
Company is unable to verify or authenticate any information you submit to the
Web Site registration with or ability to access the Web Site.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees
(judicial and extra-judicial), alleging or resulting from your use of the
Material or your breach of the terms of these Terms and Conditions. The
Company shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such
claim, suit or proceeding.
General.
The Company makes no claims that the Materials may be lawfully viewed or
downloaded outside of Canada.
Access to the Materials may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of Canada, you
do so at your own risk and are responsible for compliance with the laws of
your jurisdiction. These Terms and conditions are governed by the internal
substantive laws of the Province of Ontario, Canada, without respect to its
conflict of laws principles. Jurisdiction for any claims arising under this
agreement shall lie exclusively with the courts having jurisdiction within
the judicial district of Ottawa, Province of Ontario. If any
provision of these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect. No waiver of any
term of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in
additional terms of use for areas of the Web Site a particular "Legal
Notice," or Software License or material on particular Web pages, these
Terms and Conditions constitute the entire agreement between you and the
Company with respect to the use of Web Site. No changes to these Terms and
Conditions shall be made except by a revised posting on this page.
Additional Terms of Use.
Certain areas of this Web Site are subject to additional terms
of use. By using such areas, or any part thereof, you agree to be bound by
the additional terms of use applicable to such areas.
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