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 TERMS OF USE  
 
TERMS OF USE

Welcome to the JobJab.com Web site (the "Site"). Please carefully read the following terms of use before using this Site and associated services. BY USING THIS SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL RELATED POLICIES, CONDITIONS AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, THEN YOU MAY NOT USE THIS SITE.

JobJab Inc. ("JobJab", "We", "Our", "Us") reserves the right to change any of these Terms of Use or any other policies, conditions or guidelines governing the Site or in its sole and absolute discretion, any of the services which may, from time-to-time, and as available, be offered through the Site (the "Services") at any time, without notice. Any changes or revisions will be effective immediately upon posting on the Site. Your use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of such use. Accordingly, you are advised to review the Terms of Use exclusively, and prior to using, the Site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE TERMS OF USE, THEN YOU MAY NOT USE THIS SITE AND ARE TO IMMEDIATELY DISCONTINUE USE OF THE SITE.

Use of the Site

This Site may only be used for lawful purposes by individuals seeking employment and career information, and by employers and recruitment services seeking employees. Although the Site may be viewed across Canada, the Services may not be available in all areas.

In order to access parts of the Site and the Services, you must first establish a member account with JobJab by providing Your name, e-mail address, delivery address, postal code, home phone number, as well as certain other information. You may also be requested to provide additional information, such as credit card information and resumes, for Services that you request. JobJab's collection and use of all such information is secure and subject to the terms of our Privacy Policy. Please click here to see and review JobJab's Privacy Policy. JobJab's use of personally identifiable information, as well as JobJab's use of cookies and other tracking methods, is governed by the terms of JobJab's Privacy Policy. By accepting these Terms of Use, you expressly consent, acknowledge that you have read, understand and agree with JobJab's Privacy Policy and you to JobJab's use of Your personal information for the limited purposes outlined in the Privacy Policy.

You must provide JobJab with your valid registration information. You may not impersonate or misrepresent your identity to JobJab or to any third party employers or recruiting services. It is your responsibility to review and revise your account information, including any posted resumes, so that it is accurate and current at all times. You must comply with all applicable laws in respect of your account with JobJab. JobJab reserves the right to terminate your account if your account contains any incomplete, misleading, inaccurate, or untruthful information. You are solely responsible for the use of Your JobJab account.

Prices shown are in Canadian dollars. Total amounts agreed to on the Site or are payable upon demand including all fees and applicable taxes. In the event that you believe an improper charge has been made to your credit card by JobJab, you agree to cooperate with JobJab in the resolution of such disputed charge.

JobJab reserves the right to modify the prices for Services available on the Site. JobJab reserves the right to refuse providing you with any Service requested.

No Warranty

The Site and any information, products, or services offered or displayed on the Site including, without limitation, text, graphics, and links are provided on an "as is" and "as available" basis. JobJab expressly disclaims all representations and warranties, express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, course of dealing or course of performance. JobJab does not represent or warrant that the Site will be error free or operational, the information accessible via this Site is accurate, complete or current.

JobJab obtains information, such as job postings and posted resumes, from potential employers, recruiting services and other third parties who register on the Site. JobJab does not investigate, authenticate, verify, substantiate or represent in any way if the information is accurate, complete or without error.

Conduct and Use of E-Mail and the Site

You may not post, upload or transmit to the Site or to JobJab's servers any communication, text, graphics or other information (collectively, "Unauthorized Material") that is: obscene, fraudulent, or indecent; defames, abuses, harasses or threatens others; contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; advocates or encourages any illegal activity; infringes upon the copyright, patent, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party; violates the privacy of individuals, including other users of the Site; or violates any applicable municipal, provincial, federal laws or regulations.

You may not use JobJab's name, URL, trademarks or other material in connection with "spam" e-mail messages or use our Services or servers to transmit spam E-mail messages.

It is the express wish of all parties that English shall be the language of this Site, and all transactions occurring in connection with this Site shall be in the English language. Il est de la volonte express des parties que le present site et tous les affairs qui s'y rapportent soient redige en langue anglaise.

Notices

The posting or transmittal of any unlawful, threatening, libelous, defamatory, scandalous, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense or violation of any law is prohibited.

Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to JobJab's designated agent at contact@jobjab.com.

Subject to the JobJab Privacy Policy which restricts the use of personal data, any material, information or ideas that you transmit or post on the JobJab Site by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by JobJab for any purpose it deems appropriate. These materials, information and ideas include reviews about services and products from JobJab.

Trade-Marks and Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof may be trade-marks, including registered trade-marks, of JobJab. Any reproduction, modification, distribution, or republication of this content, without prior written permission of JobJab is strictly prohibited.

The Site contains text, graphics, logos, icons, photographs, underlying HTML and other software codes and other materials ("Site Content") furnished by JobJab, as may be updated from time to time without notice to You. The Site Content is protected by Canadian and other international copyright and trade-mark laws. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of JobJab, unless otherwise identified. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of JobJab. You may display on Your computer, download, use and make one printed copy of the Site Content for Your own private, non-commercial use, so long as You do not modify any such Site Content; include the following copyright notice: "Copyright 2002-2006, JobJab Inc. All rights reserved".; and any other copyright or trade-mark notices contained in the specific Site Content are retained. You acknowledge and agree that nothing in this Terms of Use confers any ownership rights in the Site Content from JobJab. Should You wish to use Site Content for purposes other than Your personal use, or to modify the Site Content, You must first contact JobJab by sending an e-mail to contact@jobjab.com requesting our permission to use the Site Content, fully advising us of Your intended use and obtain our written consent prior to such use.

Certain content on this Site, including, but not limited to, text, graphics, logos, icons and photographs (collectively, the "Third Party Content") as such content may be updated from time to time without notice to You, is owned or provided by persons or entities other than JobJab (collectively, "Third Party Providers"). You understand that You have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Third Party Content in any way for any public or commercial purpose without the prior written consent of the Third Party Providers. You shall use Your best efforts to stop any such copying or distribution immediately after You become aware of such use. You are granted a limited license to display on Your computer, download, use and make one printed copy of the Third Party Content for Your own private, non-commercial use only, so long as You do not modify any such Third Party Content; and You ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained. You acknowledge and agree that nothing in the limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site. For permission to use the Third Party Content for purposes other than Your own personal use, please contact the respective Third Party Provider.

"JobJab Inc." and the JobJab logo are trade-marks of JobJab (the "Trade-marks"). All Trade-marks, service marks, trade names, logos, page headers, custom graphics, button icons are proprietary to JobJab and/or third parties that have granted JobJab the right to use such. This Site may also contain other trade-marks of Third Party Providers ("Third Party Marks"). Nothing contained on the Site should be construed as granting, by implication or otherwise, any license to use the Trade-marks or any Third Party Marks except as otherwise described in the limited license grants herein without the written permission of JobJab or the owners of the third Party Marks. You may not frame or utilize framing techniques to enclose any Site Content, any Trade-marks, any Third Party Marks or other proprietary information of JobJab without JobJab's express prior written consent. You may not use any meta-tags or any other "hidden text" utilizing JobJab's name, the Trade-marks or the Third Party Marks without the express written consent of JobJab.

In no event shall JobJab be liable for any damages, including, without limitation, direct or indirect, special, punitive, incidental, compensatory, exemplary or consequential damages, losses or expenses, including, without limitation, lost or misdirected information, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data. This holds true even if JobJab, its employees, or representatives has been previously advised of the possibilities of such damages, whether in action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use this site by any party, any failure or performance of the information, services, products, and materials available from this Site, error, omission, interruption, defect, delay in operation or transmission, or line or system failure or the introduction of a computer virus, or other technical sabotage. In any event, you agree that JobJab's aggregate liability for any damages whatsoever in connection with Your use of this Site shall be limited to $100.

The limitations of liability and disclaimers in this Terms of Use apply regardless of the form of action and shall survive a fundamental breach of contract between You and JobJab or any third party covered by these Terms of Use.

Third Party Websites and Advertisers

Some of the links on the Site may allow you to leave the Site. Any third-party sites to which the Site may link are not under JobJab's control, and JobJab does not assume any responsibility or liability for any information, content, communications or materials available on such linked third-party sites or for any changes or updates to such sites. Absent express language to the contrary, JobJab does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

Your correspondence or business dealings with, or participation in promotions of, third party businesses or advertisers found on the Site or through the Services, including the delivery and payment for services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or third party businesses. You agree that JobJab shall not be responsible or liable to You for any loss or damage of any sort incurred as the result of Your dealings or as the result of the presence of such third party businesses or advertisers on the Site or made available to You through the Services.

Termination

Without limiting the generality of the foregoing, JobJab may terminate your use of the Services or access to the Site immediately and without notice if: (a) you breach any of the provisions of these Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) JobJab is unable to verify or authenticate any information you provide; or (d) any Unauthorized Material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.

Agency

JobJab is not Your agent, fiduciary or representative. Nothing in these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of JobJab, You, and permitted third parties.

Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms of Use remain in full force and effect.

Entire Agreement

These Terms of Use constitute the entire agreement between You and JobJab relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

 
 
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