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1. ACCEPTANCE OF TERMS
Maplejobs Inc (hereinafter referred to as
Maplejobs) provides services at its family of sites to you, subject to
the following Terms of Use (hereinafter referred to as Terms), which
may be updated by us from time to time without notice to you. You can
review the most current version of the Terms at any time at: http://maplejobs.com/terms.html.
In addition, when using particular Maplejobs owned or operated
services, you and Maplejobs shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference
into the Terms. Maplejobs may also offer other services that are
governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Maplejobs provides users with access to
career-related and other resources through its network of properties
which may be accessed through any various medium or device now known or
hereafter developed (the "Service"). You also understand and agree that
the Service may include advertisements and that these advertisements
are necessary for Maplejobs to provide the Service. You also understand
and agree that the Service may include certain communications from
Maplejobs, such as service announcements, administrative messages and
newsletters, and that these communications are considered part of
Maplejobs membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new Maplejobs
properties, shall be subject to the Terms. You understand and agree
that the Service is provided "AS-IS" and that Maplejobs assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings. You are
responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to
access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are
not a person barred from receiving services under the laws of Canada or
other applicable jurisdiction. You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Maplejobs has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Maplejobs
has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
4. Maplejobs PRIVACY POLICY
Registration Data and certain other information
about you is subject to our Privacy Policy. For more information, see
our full privacy policy at http://maplejobs.com/privacy.html. You understand
that through your use of the Service you consent to the collection and
use (as set forth in the Privacy Policy) of this information, including
the transfer of this information to the United States and/or other
countries for storage, processing, and use by Maplejobs and its
affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify Maplejobs
of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you take all necessary actions to exit
from your account at the end
of each session, including but not limited to completely closing all
windows of the browser you used to access your account. Maplejobs
cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not Maplejobs, are
entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. Maplejobs does
not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will Maplejobs be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a
Maplejobs official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are
designated for such purpose;
upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real
time exchanges;
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local,
provincial, national or international law;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs above.
You acknowledge that Maplejobs may or may not
pre-screen Content, but that Maplejobs and its designees shall have the
right (but not the obligation) in their sole discretion to pre-screen,
refuse, or move any Content that is available via the Service. Without
limiting the foregoing, Maplejobs and its designees shall have the
right to remove any Content that violates the Terms or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by
Maplejobs or submitted to Maplejobs.
You acknowledge, consent and agree that Maplejobs
may access, preserve, and disclose your account information and Content
if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the Terms; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your
requests for customer service; or (e) protect the rights, property, or
personal safety of Maplejobs, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
You understand that the Service and software
embodied within the Service may include security components that permit
digital materials to be protected, and use of these materials is
subject to usage rules set by Maplejobs and/or content providers who
provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in
part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported
from Canada or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE
Maplejobs does not claim ownership of Content you
submit or make available for inclusion on the Service unless stated
otherwise. With respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service,
you grant Maplejobs the following world-wide, royalty free and
non-exclusive license(s), as applicable:
- With respect to Content you submit or make
available for inclusion on publicly accessible areas of Maplejobs, the
license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific Maplejobs site to
which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on
the Service and will terminate at the time you remove or Maplejobs
removes such Content from the Service.
- With respect to Content such as graphics, audio
or video you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are
those areas of the Maplejobs network of properties that are intended by
Maplejobs to be available to Internet users other than Maplejobs
employees.
9. INDEMNITY
You agree to indemnify and hold Maplejobs, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the Terms, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes, any portion of
the Service (including your Maplejobs ID), use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Maplejobs may establish
general practices and limits concerning use of the Service, including
without limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from
or received by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Maplejobs' servers on
your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You
agree that Maplejobs has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that Maplejobs reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Maplejobs
reserves the right to modify these general practices and limits from
time to time.
12. MODIFICATIONS TO SERVICE
Maplejobs reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that
Maplejobs shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Maplejobs may, under certain
circumstances and without prior notice, immediately terminate your
Maplejobs account, any associated email address, and access to the
Service. Cause for such termination shall include, but not be limited
to, (a) breaches or violations of the Terms or other incorporated
agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or
problems, (f) extended periods of inactivity, (g) you have engaged in
fraudulent or illegal activities, and/or (h) nonpayment of any fees
owed by you in connection with the Services. Termination of your
Maplejobs account includes (a) removal of access to all offerings
within the Service, (b) deletion of your password and all related
information, files and content associated with or inside your account
(or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in
Maplejobs' sole discretion and that Maplejobs shall not be liable to
you or any third-party for any termination of your account, any
associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Maplejobs shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the
Service.
15. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Maplejobs has no control over such sites and resources, you acknowledge
and agree that Maplejobs is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that Maplejobs shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site
or resource.
16. MAPLEJOBS' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
Maplejobs or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
Maplejobs grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by
Maplejobs for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MAPLEJOBS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
- MAPLEJOBS MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM MAPLEJOBS OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF
THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAPLEJOBS
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MAPLEJOBS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly
provided in this Terms, there shall be no third party beneficiaries to
this Agreement.
21. NOTICE
Maplejobs may provide you with notices, including
those regarding changes to the Terms, by either email, regular mail, or
postings on the Service.
22. TRADEMARK INFORMATION
The Maplejobs logo, DiversityCanada.com logo,
NorthONJobs.com logo, trademarks and service marks and other Maplejobs
logos and product and service names are trademarks of Maplejobs Inc.
Without Maplejobs' prior permission, you agree not to display or use in
any manner, these trademarks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Maplejobs respects the intellectual property of
others, and we ask our users to do the same. Maplejobs may, in
appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide Maplejobs the following information:
- an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you
claim is infringing is located on the site;
- your address, telephone number, and email
address;
- a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
- a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
Claims of copyright or other intellectual property
infringement can be sent to:
Copyright Dept.
Maplejobs Inc.
Suite 300, 31 Nova Scotia Walk
Elliot Lake, ON P5A 1Y9
25. GENERAL INFORMATION
Entire Agreement. The Terms constitutes the
entire agreement between you and Maplejobs and governs your use of the
Service, superseding any prior agreements between you and Maplejobs
with respect to the Service. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
other Maplejobs services, affiliate services, third-party content, or
third-party software.
Choice of Law and Forum. The Terms and the
relationship between you and Maplejobs shall be governed by the laws of
the Province of Ontario without regard to its conflict of law
provisions. You and Maplejobs agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of the
Maplejobs Inc. headquarters.
Waiver and Severability of Terms. The
failure of Maplejobs to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If
any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms
remain in full force and effect.
No Right of Survivorship and
Non-Transferability. You agree that your Maplejobs account is
non-transferable and any rights to your Maplejobs ID or contents
within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the Terms
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the Terms are for
convenience only and have no legal or contractual effect.
26. VIOLATIONS
Please report any violations of the Terms to:
Maplejobs Inc.
Suite 300, 31 Nova Scotia Walk
Elliot Lake, ON P5A 1Y9
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