Jobhawk for jobs and careers in Canada

Wednesday, 10 March, 2010

Last update: December 16, 2004

Introduction
This page states the "Terms of Use" (the "Terms") under which you may use jobhawk.com. If you do not accept the Terms as stated here, do not use jobhawk.com.

Jobhawk.com (the "Website") is provided by Jobhawk Inc. ("Jobhawk"), conditional on your acceptance of these Terms. The word "you" as used herein refers to all individuals and/or entities accessing this Website for any reason. By using this Website, you are indicating your acceptance to be bound by these Terms. You should visit this page periodically to review the Terms, because they are binding on you. The latest revision date is shown at the top of this page.

By using and/or downloading information, data, text, messages, software, images, logos or other materials from this Website ("Material(s)") or by uploading or sending information, data, text, messages, software, images, logos or other materials to the Website ("Content") you agree to accept and abide by these Terms.

The text, graphics, logos, images, button icons, software and other "Material" on this Website are protected under Canadian and foreign copyright, trademark and other laws. All Material is the property of Jobhawk or its content suppliers or clients.

Acceptable and Prohibited Use
The Website may be used only for lawful purposes by individuals seeking employment and career information ("Candidates"), and by employers ("Employers") and executive search, recruitment and temporary help agencies ("Recruiters") seeking employees. You agree to use the Website only to send Content and receive Materials that are proper and related to purpose of the Website.

Subject to these Terms, Jobhawk grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

use this Website in any manner that could damage, disable, overburden or impair this Website,
interfere with the security of, or otherwise abuse this Website or any services, system resources, accounts, servers or networks connected to or accessible through this Website or affiliated or linked sites,
disrupt or interfere with any other person's use of this Website or affiliated or linked sites,
upload, post or otherwise transmit to this Website any content that would negatively affect the functioning of the Website, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs that impose an unreasonable or disproportionately large load on this Website's servers and infrastructure,
use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Materials in whole or in part,
transmit on, to or from this Website spam, chain letters, junk mail or any other type of unsolicited mass e-mail including advertising and/or promotions of products or services,
forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,
harvest or otherwise collect information about others, except for the sole stated purposes provided by this Website, including e-mail addresses, without their consent;
sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including, without limitation, use of the Materials on any other website;
transfer the Materials to any other person without the written consent of Jobhawk,
remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials,
print, copy or adapt any of the HTML code or other code that Jobhawk uses to create its pages,
attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Website,
attempt to obtain unauthorized access to this Website or portions of this Website that are restricted from general access including attempts to probe, scan or test the vulnerability of Jobhawk's system or network or breach security or authentication measures;
create or use a false identity on this Website;
use or attempt to use another's account, password, service, system or other information without prior written consent from Jobhawk;
register an e-mail address that you do not own or for which you do not have the express permission of the owner to register;
use this Website to transmit, distribute, store or destroy Material
- in violation of any applicable law or regulation,
- 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,
- that is defamatory, obscene, threatening, abusive or hateful.

You may post certain Content to the Website. You may only post Content for the lawful, stated purposes of this Website. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly:

post any incomplete, false or inaccurate biographical information or information that is not your own accurate résumé,
post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "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;
delete or revise any material posted by any other person or entity;
post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or hateful or materials that infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
post sexually explicit images or statements;
post Content that is copyrighted, unless you are the copyright owner or have permission of the copyright owner to post it;
post Content that reveals trade secrets, unless you own them or have permission of the owner;
post Content that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
impersonate any person or entity, including without limitation a Jobhawk employee or agent, an authorized user of Jobhawk' Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresent your affiliation with any person or entity;
post opinions, notices or advertisements, commercial or otherwise, or solicit business from Recruiters or Employers who post on the Website, including any solicitation by any of our competitors of Recruiters or Employers who post on the Website.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to your use of or activities on this Website or in respect of the Content and Materials. Jobhawk will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Information
When you register for the Website you will be asked to provide Jobhawk with information including a valid e-mail address. In addition to the terms that may be set forth in the Privacy Policy on this Website, you understand and agree that Jobhawk may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Jobhawk 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.

Jobhawk reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in Jobhawk's sole discretion is objectionable or in violation of these Terms.

Username and Password
You are responsible for maintaining the confidentiality of your username, password and registration information. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Jobhawk of any unauthorized use of your username, password or registration information. You may not disclose or share your username and password with any third parties or use your username and password for any unauthorized purpose.

Proprietary Rights

Limited Licence and Copyright. This Website, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Materials. Except as provided herein, Jobhawk does not grant any express or implied right or licence to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Jobhawk.
Trademarks. The services names, company names and logos used on this Website may be trademarks, including registered trademarks of Jobhawk. Such services names, company names and logos of Jobhawk may not be copied, imitated or used, in whole or in part, without the prior written consent of Jobhawk. Other services and company names mentioned on this Website may be the trademarks of their respective owners.
Reservation of Rights. Jobhawks' services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Jobhawk reserves all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Website is the copyrighted work of Jobhawk or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Website. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse-engineer any of the Software that is part of the Website.

Agreement to Privacy Policy

You agree to abide by Jobhawk's Privacy Policy, which is incorporated by reference into these Terms and Conditions. View our Privacy Policy.

Jobhawk's Liability

The information provided on this Website is for the purposes of general information only. Periodically, changes are made to the Website and may be made at any time.

This Website acts as a venue, among other things, for Recruiters and Employers to post job opportunities and for Candidates to post résumés.

Jobhawk does not screen or censor the listings offered and is not involved in the actual transaction between Candidates and Employers or Recruiters. As a result, Jobhawk has no control over the quality, safety or legality of the jobs or résumés posted, the truth or accuracy of the listings, the ability of Recruiters or Employers to offer job opportunities to Candidates, or the ability of Candidates to fill job openings. In addition, there may be 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 Website.

Because user authentication on the Internet is difficult, Jobhawk 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 behaviour of participants on this Website, in the event that you have a dispute with one or more users, you release Jobhawk (and our agents and employees) from all claims, demands and damages 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.

Jobhawk is under no legal obligation to, and generally does not, control the Content provided by other users that is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Jobhawk does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Website and the Material is at your own risk.

The Materials and Content may contain inaccuracies and typographical errors. Jobhawk makes no representations about the accuracy, reliability, completeness, or timeliness of the Website, Materials or Content. The use of the Website, Materials or Content is at your own risk.

You acknowledge and agree that Jobhawk is not to be considered to be an employer with respect to your use of the Website. Jobhawk shall not be responsible for any employment decisions that are made, for whatever reason, by any entity posting jobs on the Website.

No Warranties
You acknowledge that any use of or reliance on this Website or any Materials shall be at your sole risk. JOBHAWK DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE, OR THAT THE WEBSITE AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOBHAWK IS NOT RESPONSIBLE FOR THESE COSTS.

THE WEBSITE 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. JOBHAWK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Disclaimer of Consequential Damages
YOU AGREE THAT JOBHAWK, ITS SUPPLIERS AND ANY THIRD PARTY MENTIONED ON THIS WEBSITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS WEBSITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF JOBHAWK, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Links to Third-Party Content
Certain links on this Website may take you to other Websites. Jobhawk provides these links only as a convenience. These linked sites are not under the control of Jobhawk. If you use these sites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements and to protect your personal information.

Jobhawk is not responsible for the contents of any such linked page or any other page not under its control. Jobhawk makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. Links do not imply that Jobhawk sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Jobhawk.

Link Agreement
Jobhawk welcomes links to its World Wide Web home page. If you want to link to jobhawk.com, you may do so, provided that you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Website, you will be deemed to have agreed to these conditions:

Link Conditions

A link may be established to the home page of this Website located at: http://www.jobhawk.com (the "Home Page"). Links may not be established to any other pages on this Website without Jobhawk's written permission.
If you link to this Website, Jobhawk grants you a limited, non-exclusive, non-transferable, royalty-free licence to use the Jobhawk trademark and Internet icons (the "Licensed Marks"), if available, solely for the purpose of serving as a link from your Website to this Website. Except for the limited licence to use the Licensed Marks granted in this paragraph, you may not use any of Jobhawk's trademarks or service marks (the "Marks") for any reason without Jobhawk's prior written permission.
You acknowledge that all rights to the Marks, the content appearing on the Jobhawk Website pages (the "Web Pages") and the "look and feel" of the Web Pages belong to Jobhawk. You will not at any time directly or indirectly contest or infringe these rights.
If you link to this Website, your website:

may not imply that Jobhawk is endorsing you or your products or services;
may not imply an affiliation between your company and Jobhawk without the prior written consent of Jobhawk;
may not misrepresent your relationship with Jobhawk or present false or misleading impressions about Jobhawks' services;
may not contain materials that may be interpreted as distasteful or offensive (the content should be appropriate for all age groups);
may not create frames around any part of this Website or use other techniques that alter the visual presentation of this Website;

Jobhawk shall have no responsibility or liability for any content appearing on your Website;
Jobhawk may at any time, in its sole discretion, immediately terminate your licence to use the Licensed Marks and your right to link to this Website, with or without cause. If Jobhawk exercises this right, you will immediately remove all links to this Website and cease using the Licensed Marks.

Jobhawk may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Website, as amended from time to time.

Limitation of Liability
Jobhawk's aggregate liability for all damages shall be limited to $100.

The limitations of liability and disclaimers in these Terms apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Indemnity
You agree to defend, indemnify and hold harmless each of Jobhawk, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website and the Materials or your breach of these Terms.

Termination
Jobhawk reserve the right, at its sole discretion, to pursue all of its legal remedies including, but not limited to, deletion of your postings from this Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by Jobhawk, upon any breach by you of these Terms or if Jobhawk is unable to verify or authenticate any information you submit to the Website.

Choice of Law
This Website is controlled, operated and administered by Jobhawk from its offices within Canada. Jobhawk makes no representation or warranty that the Materials on this Website are appropriate or available for use at any locations outside Canada. If you access this Website from outside Canada, you are responsible for compliance with all local laws. You may not export any of the Materials accessible through this Website in violation of applicable export laws and regulations. These Terms shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Arbitration
Any and all disputes arising out of these Terms, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario, in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.

Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

General
Except as expressly provided in additional terms and conditions for areas of the Website, a particular legal notice, or an additional Agreement, these Terms constitute the entire agreement between Jobhawk and you with respect to the subject matter hereof;

Any cause of action you may have with respect to your use of this Website or which is the subject of these Terms must be commenced within one (1) year after the claim or cause of action arises;

If, for any reason, a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect;

The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party;

The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default;

No changes to these Terms shall be made except by a revised posting on this page.

Additional Terms and Conditions
Certain areas of this Website may be subject to additional Terms and Conditions. By using such areas, or any part thereof, you agree to be bound by the additional Terms and Conditions applicable to such areas.

Changes to this Website
Jobhawk may terminate, change, suspend or discontinue any aspect of this Website, including:

changing the availability of any features, at any time without notice or liability;
removing, adding, modifying or otherwise changing any Materials on or from this Website;
changing any fees or charges for use of the Website, including instituting new or increased fees or charges for the use of the Website or any other Website-related services or any features thereof, and
imposing limits on certain features and services or restricting your access to parts or all of this Website without notice or liability for any reason whatsoever.

Jobhawk reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice.

Changes to Terms and Conditions
Jobhawk has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions (the "Terms"), including the Privacy Policy, in whole or in part, at any time. Changes will be effective when the notice of such change is posted on this Website. Please check these Terms frequently for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Website immediately. Your continued use of this Website or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.

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