Our business name is Validity Research, Inc. (hereafter “Validity Research” or “Company”). We are the owner of our website www.JobsInGTA.com.
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website, (hereafter "website"), and other Services we offer our Users (hereafter “You” or “Client”). It is important that you read these Terms carefully, as your use of our website and Services will automatically constitute your agreement to be legally bound by the Terms set out herein. These Terms also govern your use of the Services provided through, or in connection with, our website. Each time you visit our website, you acknowledge that you have read these Terms and agree to be legally bound by them.
Clients can access these Terms by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
Client acknowledges and agrees that JobsInGTA reserves the right to make changes or modifications to the their website and these Terms, without notice. Display of any changes on our website shall constitute effective notice under these Terms, and Client’s continued use of the website and our Services, thereafter, shall constitute Client’s acceptance of such changes or modifications.
I. License Grant; Trademark; Copyright
A. Trademark Notice – JobsInGTA, our website, as well as additional marks not mentioned here, are registered service marks of Company. Other names identified on our website may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of JobsInGTA or a third-party. The use, on our website, of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party and the availability of specific goods from such third-party through our website, should not be construed as an endorsement or sponsorship by our website of any such third-party or the participation by such third-party in the offering of goods, services or information through our website.
B. Copyright Notice – Client acknowledges that all content included on our website, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content"), as well as the arrangement and compilation of the Content, are intellectual property and copyrighted works, owned by Validity Research and our website. Reproduction or storage of information or works taken or copied from our website, in any form, whether now existing or developed in the future, are subject to the copyright laws of Canada, including all applicable international copyright treaties and conventions, including, without limitation, the Berne Convention and the Universal Copyright Convention.
II. Ownership, Use and Intellectual Property Rights
A. The Services we offer are the valuable, exclusive property of Validity Research, and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to Client or any other person or entity. Ownership of this website and any documentation or information, shall remain, at all times, with Validity Research. All intellectual property rights in this website belong to Validity Research.
B. Client may not remove, alter or obscure any copyright, legal or proprietary notice in, or on, any portion of our website. Client may store in the memory of his/her/its computer, and may manipulate, analyze, reformat, print and/or display, for Client’s use only, the information received or accessed through this website, pursuant to these Terms. Unless separately and specifically authorized in writing by an officer of Validity Research, Client may not sell, rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share, our Services or any part thereof, or any of the information received or accessed from our website, to or through any other person. Validity Research expressly reserves any rights not granted to Client in these Terms.
A. These Terms, and the limited license rights granted hereunder, shall remain in full force and effect, unless terminated or canceled for any of the following reasons:
1. Immediately, by Validity Research, for any unauthorized access or use by Client, including, without limitation, utilizing identical user names and passwords or any other access or use for our website, except as expressly provided in these Terms;
2. Immediately, by Validity Research, if you assign or transfer (or attempt to assign or transfer) any rights granted to you under these Terms;
3. Immediately, by Validity Research, if you fail to abide by the rules and regulations relating to the use of, or tamper with, or alter any of the software and/or data files contained in, or accessed through, this website;
4. Immediately, by Validity Research, if you transmit or receive, using the website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form, whatsoever, with respect to any other Client, company, or any other person or business entity (Validity Research, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately, upon discontinuance of our website; or
6. Immediately, by Validity Research, if you violate any of the other conditions of these Terms.
B. Termination or cancellation of these Terms shall not affect any other right or relief to which JobsInGTA may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of Client’s account:
1. All rights granted to you will terminate and revert to Validity Research; and
2. You agree to certify to Validity Research your compliance with these requirements, in writing, upon our request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OR INJURY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THIS WEBSITE OR ANY OTHER SERVICES OBTAINED FROM US.
IV. Account and Service Description
A. Clients are required to set up an Account, prior to being eligible for use of our Services.
B. Client agrees that all Account information provided is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
C. Any material a Client submits, posts, displays, or otherwise makes available on our website, is referred to as “User Content.” Company holds this User Content in order to access information, such as user profiles, message boards, job listings, resumes, images and any other formats, for the sake of better usability of our website. User Content is held for the sole purpose of identifying, reviewing, screening and placing candidates into the most suitable jobs available. We do not sell, trade or otherwise transfer such content to outside parties for promotional purposes.
D. Client understands and agrees that in using our Services, all information and documents that Client voluntarily shares with us, shall also be available to recruiters and staffing companies that have access to our website and Services. In this way, Client’s job and career opportunities are multiplied and enhanced.
V. Communicating with JobsInGTA
Feedback regarding our website, its use or application, can be submitted to Info@JobsInGTA.com.
VI. Uses Not Permitted
A. Use of this website or our Services, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – This website may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – This website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.
You are solely responsible for maintaining the security of your electronic devices and to prevent their use by others in a manner that violates these Terms. You are responsible for taking corrective actions on vulnerable or exploited devices to prevent continued abuse.
3. Threats – This website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, or defamation.
4. Offensive Materials – This website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, or hateful materials. Further, Client agrees to adhere to the following requirements:
a. Client may not provide, communicate or otherwise distribute, content that:
i. Violates any right of Validity Research;
ii. Interferes with or causes an interruption of this website or our Services;
iii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; or
iv. Disrupts, interferes with, or otherwise harms or violates the security of this website or our Services;
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY JOBSINGTA.
B. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Validity Research, in its sole discretion, without recourse.
C. When feasible, it is Company’s preference to give notice so that violations may be addressed voluntarily. However, we reserve the right to act without notice, when necessary, as determined by us, and in our sole discretion. Validity Research may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
VII. Your Personal Information
A. By setting up an Account, and using this website or our Services, or e-mailing us, you will be supplying us with "personal information." We collect this to administer and help you use our website and our Services, contact you about postings and generally, keep in touch with you.
B. Validity Research may release your personal information when we believe such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms, to protect our rights or property, or if Company believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies immediate disclosure of records.
VIII. Delays in Services; Force Majeure
Any delays in, or failure of, performance by Validity Research, (including its officers, directors, employees, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Validity Research’ control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Validity Research shall have no responsibility to provide you access to this website while its interruption, due to any such or similar causes, continues.
IX. Warranty Disclaimer
A. Client acknowledges that some of the information provided through this website is compiled from sources that may be beyond the control of Validity Research. Though such information is recognized by the parties to be generally reliable, Client acknowledges that inaccuracies may occur and Validity Research does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by Validity Research, for Client’s personal use only. Information on this website does not constitute advice of any kind. Validity Research shall not be liable for any errors, inaccuracies or delays in content or for any actions taken by Client, in reliance thereon.
B. CLIENT ACKNOWLEDGES THAT THIS WEBSITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS", BASIS. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, JOBSINGTA DOES NOT REPRESENT OR WARRANT:
1. THAT THIS WEBSITE OR OUR SERVICES WILL MEET CLIENT REQUIREMENTS OR ARE SUITABLE FOR ITS NEEDS;
2. THAT THE ACCESS OR USE OF THIS WEBSITE OR OUR SERVICES WILL BE ERROR-FREE, OR
3. THE ACCURACY OF ANY DATA OR INFORMATION IN, OR PROCESSED THROUGH, THIS WEBSITE OR OUR SERVICES OR THE RESULTS OF ANY SUCH PROCESSING.
C. CLIENT IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
X. Limitation of Liability; Disclaimer of Consequential Damages
COMPANY SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, THIS WEBSITE, IT’S CONTENT, OR OUR SERVICES.
CLIENT ACKNOWLEDGES THAT VALIDITY RESEARCH (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF VALIDITY RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF VALIDITY RESEARCH, BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF VALIDITY RESEARCH OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. CLIENT ACKNOWLEDGES AND AGREES THAT VALIDITY RESEARCH WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THIS WEBSITE. HOWEVER, CLIENT HEREBY ASSUMES ALL RESPONSIBILITY (AND HEREBY HOLDS JOBSINGTA HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON CLIENT’S EQUIPMENT, BY WHATEVER MEANS CLIENT DEEMS MOST APPROPRIATE FOR THEIR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
CLIENT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS, VALIDITY RESEARCH (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) FOR, AND AGAINST ANY AND ALL CLAIMS BROUGHT BY ANY PERSONS OR ENTITIES, OTHER THAN THE PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO CLIENT’S ACCESS TO, AND USE OF, OUR WEBSITE.
XII. Export Control
Client agrees that it is not in a country where such export of information, such as that contained on this website, is prohibited or that Client is a person or entity to which such export is prohibited. Client is responsible for compliance with the laws of its local jurisdiction regarding import or export of the information contained in this website and its access software.
XIII. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to this website, these Terms shall govern, whether such documents are prior or subsequent to, this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Validity Research.
XIV. Attorney's Fees
If Validity Research takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, in addition to all sums to which it is entitled or any other relief, at law or in equity, Validity Research shall be entitled to recover and Client agrees to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XV. Governing Law; Limitations; Venue
These Terms and the Agreement it creates, shall be governed by the laws of Canada and the Province of Ontario, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, Client’s access and use of this website, contemplated by these Terms, must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate Provincial Court of Ontario, and Client agrees to submit to the exclusive personal jurisdiction of such Court.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of the Terms and this Agreement.
XVII. Data Protection
A. Validity Research recognizes that any information provided by Client is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Client is advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by third parties. Nevertheless, Validity Research shall do what is reasonable to safeguard Client’s data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third party rights, unless the respective party has given prior consent in view of such security risks.
D. Accordingly, Validity Research shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission.
XVIII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XIX. Contact Information
Please contact JobsInGTA by sending an email to: Info@JobsInGTA.com.
XX. Entire Agreement
These Terms constitute the entire agreement between the parties, regarding the subject matter hereof, and no other agreement, as to such subject matter, written or oral, exists.
THESE TERMS WERE LAST UPDATED ON OCTOBER 28, 2015.