TERMS AND CONDITIONS
Welcome to Social Working and Networking Inc. (“Careerleaf”) operating the careerleaf.com website (the “Site”). The Site, the Careerleaf Services and the Careerleaf Paid Services (as such terms are defined below) (collectively, the “Services”) operate on the following Terms of Services ("TOS"). You can review the most current version of the TOS at any time at: http://www.careerleaf.com/terms.
By accessing and using the Services, you accept and agree to be bound by the terms and provisions of the TOS. The TOS is a legal agreement between you and Careerleaf and applies to you whether you are user of the Site, the Services or a visitor just browsing the Site (collectively, "Users"). The TOS limits Careerleaf 's liability and obligations to you, grant us certain rights in your Content (defined below) and allows us to change, suspend or terminate your access to and use of the Services. The TOS and the other policies posted on the Site govern your access to and use of the Services, including any content, information, products or services therein.
Careerleaf reserves the right to update and change the TOS from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.
DESCRIPTION OF CAREERLEAF SERVICES
Careerleaf is a collaborative career management platform that allows seamless connectivity to the entire job search community. On this platform, job seekers can conduct their entire job search from one place by conducting research, applying for jobs, tracking job applications, and managing communications related to job search. Collectively, these are the "Careerleaf Services".
REGISTRATION AND ELIGIBILITY
In order to access certain features of the Services, you will have to create a Careerleaf account and become a "User." You must be 13 years of age or older to become a User. If you are between the age of 13 and 17, you must get permission from your parent or guardian to use the Services. When you register with Careerleaf and set up your Careerleaf account, you agree that all information provided to Careerleaf upon registration and at all other times will be true, accurate, current and complete.
Use of the Services is void where prohibited by law. By using the Services, you represent and warrant that: (i) all registration information you submit to us is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older or otherwise have permission from your parent or guardian to use the Services; and (iv) your use of the Services does not violate any applicable law or regulation. Careerleaf reserves the right to refuse registration of, or cancel, any account in its sole discretion, at any time.
You are entirely responsible for maintaining the confidentiality of your account and password. You agree to not use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Careerleaf immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Careerleaf makes certain content available through the Services. "Careerleaf Materials" means all materials made available through the Services, including, without limitation, the Careerleaf logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof. Other than your Content (as such term is defined below) for which (as between you and Careerleaf) you retain ownership, Careerleaf and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Services, the Careerleaf Materials, and the trademarks, service marks and logos contained therein. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, the Careerleaf Materials, the Content or related products and services and, except as expressly provided for herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services, Careerleaf Materials or Content (other than your Content).
All feedback, comments, and suggestions for improvements (“Feedback”) that you provide to Careerleaf, in any form, will be the sole and exclusive property of Careerleaf. You hereby irrevocably transfer and assign to Careerleaf and agree to irrevocably assign and transfer to Careerleaf all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At Careerleaf’s request and expense, you will execute documents and take such further acts as Careerleaf may reasonably request to assist Careerleaf in acquiring, perfecting and maintaining the Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Services or in any Intellectual Property Rights on account of the TOS or your performance under these TOS.
You (and all other Users of the Services) are responsible for all information, listings, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content") that you or they, respectively, post to the Services, whether publicly posted or privately transmitted, and neither Careerleaf nor any of its affiliates or suppliers assumes any responsibility therefor. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.
If you are submitting Content on behalf of one or more entities or persons ("third parties") then you confirm and warrant that you are authorized to act on behalf and bind such entity(s) or person(s) to the TOS.
As between you and Careerleaf, you retain any intellectual property rights in the Content you submit. However, by submitting Content on or through the Services, you grant Careerleaf an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable right license to distribute, transmit, edit, reproduce, modify, perform and display and otherwise use your Content throughout the Services. For the avoidance of doubt, by submitting Content, you authorize Careerleaf to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with the Services (e.g., the display of your job listings). Additionally, you agree that we may use your name and logo to identify you as a Careerleaf customer on the Services and in Careerleaf marketing, corporate and promotional materials. Your Content may be integrated into Services as improvements, and you hereby consent to same.
Content posted by another User on or through the Services belongs to the person who posts such Content. Except as expressly permitted in the TOS, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the Services as Careerleaf may make available.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Careerleaf or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release the Careerleaf, and its licensees, successors and assigns, from any claims that you could otherwise assert against Careerleaf by virtue of any such moral rights.
You understand that posting your Content on or through the Services is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that Careerleaf and its suppliers may view your Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content.
If you believe that any material available on or through the Services violates your copyright, you may send Careerleaf a copyright infringement notice. Any such notice must be in writing and must include substantially all of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Careerleaf to locate the material. Careerleaf requests that complete URLs for each instance of the allegedly infringing material be provided;
- information reasonably sufficient to permit Careerleaf to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your written copyright infringement notice must be sent to Careerleaf’s designated copyright agent by email to Careerleaf’s Copyright Agent via our Contact page, or via our Contact page under the heading “Privacy”. Please be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Services. The Copyright Agent will not respond to any other inquiries.
You agree that you are responsible for your own conduct and Content while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with the TOS and any applicable policies or guidelines. By way of example, and not limited to, you agree that when using the Services, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- use the Careerleaf email facility for non-career related purposes. The email facility is to be used for the express purpose of job search and career-related matters.
- upload, post, email or transmit or otherwise make available any Content that infringes any third party right, including, without limitation, patent, trademark, copyright, trade secret or other proprietary right, or privacy right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
- upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, the TOS or any applicable policies or guidelines;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other User from using and enjoying the Services;
- use the Services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about Users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Careerleaf;
- create User accounts by automated means or under false or fraudulent pretences;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
While Careerleaf prohibits such conduct and Content in connection with the Services, you understand and agree that Careerleaf may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to the Services, including, without limitation, Content that: (a) violates the TOS; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Services; or (d) which may expose Careerleaf, its suppliers and each of their affiliates, or Users to any harm or liability of any type.
All Users agree to comply with their own local rules regarding online conduct and acceptable Content, including laws regulating the export of data to your country of residence. Careerleaf makes no representations and/or warranties that any Content you post to the Services, and Careerleaf’s making available thereof, complies with any applicable laws, rules or regulations or laws, rules and/or regulations in your jurisdiction.
TERMINATION & MODIFICATION OF THE TOS
By User: You may terminate your Careerleaf account at any time for any reason by contacting Careerleaf via our Contact page under the heading "Terminate”. Please include sufficient information for us to identify your account, including your name, user ID and email address.
By Careerleaf: Careerleaf reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site, the Services and/or your account, and/or modify these TOS without advance notice. All modified terms and conditions will be effective after they are posted on the Services (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Careerleaf account. By continuing to access or use the Site and the Services after Careerleaf makes any such revision, you agree to be bound by the revised TOS.
Without limiting other remedies, Careerleaf may (but shall not be obligated to) immediately terminate or suspend your access to the Services and remove any material (including Content) from the Services or our servers, in the event that you breach these TOS. Notwithstanding the foregoing, we also reserve the right to terminate all or any of the Services or your access thereto at any time and for any reason.
After any termination by you or Careerleaf: You understand and acknowledge that we will have no further obligation to provide the Services to you. Upon termination, all licenses and other rights granted to you by these TOS will immediately cease. Careerleaf is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION OR CONTENT THAT YOU HAVE SUBMITTED TO THE SERVICES THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Careerleaf will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Careerleaf under these TOS (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
You agree to defend, indemnify, and hold Careerleaf, its officers, directors, shareholders, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Services, the Careerleaf Materials and/r any Content (including your Content); (ii) your violation of the TOS; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and/or (iv) your negligence or wilful misconduct.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES, THE CAREERLEAF MATERIALS AND ANY CONTENT IS AT YOUR SOLE RISK. THE SERVICES, THE CAREERLEAF MATERIALS AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAREERLEAF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, THE CAREERLEAF MATERIALS AND/OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, CAREERLEAF MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND/OR (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SERVICES WILL BE CORRECTED.
ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAREERLEAF OR THROUGH OR FROM THE SITE OR CAREERLEAF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAREERLEAF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CAREERLEAF MATERIALS, AND/OR ANY CONTENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAREERLEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CAREERLEAF’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WILL BE THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00); OR (ii) THE AMOUNT YOU PAID TO CAREERLEAF IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CAREERLEAF. CAREERLEAF’S SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING, CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The TOS constitutes the entire agreement between you and Careerleaf and governs your use of the Services, superseding any prior agreements between you and Careerleaf. You also may be subject to additional terms and conditions that may apply when you use affiliated or other Careerleaf services, third-party Content or third-party software. You will not assign the TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Careerleaf. Any purported assignment or delegation by you without the appropriate prior written consent of Careerleaf will be null and void. Careerleaf may assign the TOS or any rights hereunder without your consent. The TOS and the relationship between you and Careerleaf shall be governed by the laws of Ontario, Canada without regard to its conflict of law provisions. Subject to the paragraph pertaining to dispute resolution (below), you and Careerleaf agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of Careerleaf to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court or arbitrator 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 TOS remain in full force and effect.
Any dispute regarding the TOS, including the validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in Toronto, Ontario, in English, and in accordance with the National Arbitration Rules of the National Arbitration Institute of Canada, Inc. In all other respects the arbitration shall be governed by and subject to the Ontario Arbitration Act.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CAREERLEAF IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU SET UP AN ACCOUNT, TO THE MAILING ADDRESS SET FORTH ON OUR CONTACT PAGE, ATTENTION: LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, MAILING ADDRESS AND EMAIL ADDRESS, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CAREERLEAF, OR YOUR USE OF THE SERVICES.
Should you have a dispute with one or more Users, or an outside party, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) 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 encourage Users to report User-to-User disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
To the fullest extent permitted by applicable law, all parties to any action arising out of or in connection with the Services or these Terms of Service must be individually named. You hereby waive any right YOU MAY HAVE for any dispute pertaining to the Services or THE TOS to be arbitrated or litigated on a class action or consolidated basis, or on bases involving disputes brought in a purported representative capacity on behalf of the general public.
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 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
If you have any questions, or wish to report any violations of the TOS or make any comments please do so via our Contact page under the heading “Contact”.