Terms and Conditions
Definitions:1. "Company" refers to Joborilla Jobs, Inc.
2. "Site" refers to www.joborilla.ca in its entirety including Content, Text, Art, Design, Code and Services belonging to or created by Joborilla Jobs, Inc..
3. "Content" includes all Text, Art, Design and Programming used on the Site.
4. "Text" refers to all text located on any page of the Site including text posted by Users of the Site.
5. "Art" refers to all logos and buttons on the Site.
6. "Design" shall be defined as the layout and colors comprising the Site.
8. "Services" means any services provided on the Site by Joborilla Jobs, Inc. or its agents.
9. "Information" refers to personal or company details submitted to the Company by registered users of the Site. This includes, without limitation, e-mail address, phone numbers, names, location.
10. "User" refers to any individual or entity that uses any aspect of the Site for any reason whether registered or not registered.
11. "Job seeker" shall be defined as a User who accesses the Site to search for employment or in any other capacity except as an Employer.
12. "Employer" shall be defined as a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking employees.
Changes to this SiteThe Company may discontinue, alter, or suspend any aspect of this Site, including:
1. The availability of any features at any time without notice or liability;
2. Any fees or charges for use of the Services of the Site, including the addition of new fees, increased fees or charges for the use of the Site;
3. Removing, adding, modifying or otherwise changing any Content on or from this Site;
4. Imposing limits on certain features and Services or restricting your access to parts or this entire Site without notice or liability for any reason whatsoever.
The Company reserves the right but is not obligated, in its sole discretion, to correct any portion of this Site that may contain errors or omissions, at any time without notice.
Use of MaterialThe Company authorizes Users to download hard copies of resumes posted or created by Users of the Site or resumes that are constructed by the Site for the User. All of the Content of this Site is the property of the Company or its Content suppliers or clients. All of the Content appearing on this Site is the exclusive property of the Company. Use, distribution, or modification of the Content for public or commercial purposes is prohibited. Permission of the Company must be obtained prior to using any Content for any reason. Unauthorized use, copying, or adaptation of HTML or PHP code that the Company has used to construct this Site is prohibited as it is protected by the Company’s copyright.
Site UsageUsers may not use the Site for reasons that may be considered in violation of the law or reasons that may be considered unacceptable by the Company. Users must not attempt to transmit, distribute, store, copy 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. The Company is the sole interpreter of the Site’s intended usage. The Company uses a plethora of security measures to ensure the safety of its Users. Violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such Users 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 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.
To ensure efficiency of the Site and the safety of its users, the Company reserves the right to limit the amount of data that may be viewed or transmitted by a user in any given time period. The Company may use its discretion to determine amounts of data transmission or views that are deemed acceptable and this amount may be amended at any time without notice.
Specific Prohibited UsesThe intention of the Site is to provide users and employers with a safe, effective environment in which the Users or Employers may find employment or employees respectively. Users of the Site must adhere to using the Site for lawful purposes only and must respect the wishes of the Company to use the Site as it was intended to be used. The Company specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following reasons:
(a) Posting false or inaccurate biographical information or information which is not reflective of your personal or work experience.
(b) Posting any pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity that requires an up-front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents.
(c) Posting any jobs on the Site for any competitor of the Company or posting jobs or other Content that contains links to any website that is deemed competition for the Company.
(d) Altering, deleting, or copying any Information posted by any other person or entity.
(e) Using any device, software or routine to disrupt or attempt to disrupt the proper working of the Site or any activity being conducted on this Site including actions that impose an unreasonable or disproportionately large load on the Site’s infrastructure.
(f) 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 Site other search agents available from the Company on this Site, the generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer), or applications produced by the Company intended for this purpose (e.g., Facebook apps., Mac widgets).
(g) Attempting to decipher, decompile, disassemble or reverse engineer any of the Code comprising or in any way making up a part of the Site.
(h) Modifying, copying or duplicating in any manner any of the Services available from the Site for commercial purposes including the “Pay per Day” payment plan which is protected by Trademark.
(i) Framing of or linking to any of the Content or Information available from the Site without prior consent from the Company.
User InformationWhen you register for the Site, you will be asked to provide the Company with certain Information. 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.
User SubmissionsAs 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 Site you agree not to, do the following things: post copyrighted material without prior consent from the rightful owner; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on intellectual property rights of others or on the privacy or publicity rights of others; post material that may be considered 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 accuracy, truthfulness, 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 Site acts as a passive venue for the online distribution and publication of User-submitted information and the Company is not obligated to screen or censor communications or information in advance and is not responsible for screening or monitoring material posted by Users. The Company is not involved in the actual transaction between Employers and Job seekers. As a result, the Company cannot control or guarantee 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 Site. If damages arise from User-to-User interaction 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.
If notified by a User of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and reserves the right 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 Site for violating the Terms and Conditions or the law and the right to remove communications which are misleading, deceptively labeled, 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 Information to any public or non-public area of the Site, you grant the Company 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 Information (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 Information. You also warrant that the holder of any rights, including moral rights in such Information, 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 Information for personal use. Subject to the foregoing, the owner of such Information placed on the Site retains any and all rights that may exist in such Information.
Job PostingsAny hyperlinks contained in a job posting submitted by a User may be disabled when such job posting is posted on the Site. Job postings in violation of these Terms and Conditions may be terminated without warning by the Company. In any such instance, the Company is entitled to receive all payments from the User for Services used by the User up to the full amount owing on the User’s account. The Company is also entitled to receive all payments in the amount owing on a User’s account if the User willfully chooses to end their agreement to these Terms and Conditions by closing their account.
Registration and PasswordYou are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your account and or profile, whether the usage was authorized by you or not.. You agree to immediately notify the Company of any unauthorized use of your registration and/or password.
Warranty DisclaimerTHE COMPANY OFFERS NO ASSURANCE THAT THE SITE WILL OPERATE FREE OF ERRORS OR THAT THE SITE AND ITS SERVERS ARE DEVOID OF COMPUTER VIRUSES OR OTHER DETRIMENTAL MECHANISMS. YOUR USAGE OF THE SITE INDICATES THAT YOU HAVE ACCEPTED ALL RISKS AND HAVE RELEASED THE COMPANY AS THE PARTY RESPONSIBLE FOR DAMAGES OR COSTS INCURRED AS THE RESULT OF USING THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT 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 INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Consequential Damages DisclaimerIN NO EVENT SHALL THE COMPANY (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, ADVERTISERS, SUCCESSORS OR ASSIGNS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE 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 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.
Limitation of LiabilityTHE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF YOUR USE OF THE SITE OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $200.00 CAD. DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO THE MONEY DAMAGES, YOU AGREE THAT THE COMPANY WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
TerminationThe 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 Site and immediate termination of your registration with or ability to access the 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 Site registration with or ability to access the Site.
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