Last modified: November 7, 2018
This user agreement is entered into by and between you and Careerlist, Inc. (“Careerlist”, “we”, or “us”). The following terms and conditions, together with our Privacy Policy and any documents that they expressly incorporate by reference (collectively, the “Terms of Use”), are a binding agreement and govern your access to and use of the Careerlist website (the “Site”) as well as the services and content offered through the Site (together with the Site, the “Services”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Site or other Services.
BY USING THE SITE OR OUR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE AND OUR PRIVACY POLICY, A LINK TO WHICH CAN BE FOUND FROM OUR HOME PAGE, AND WHICH IS ALSO INCORPORATED INTO THESE TERMS OF USE BY REFERENCE.
IF YOU DO NOT WISH TO AGREE TO THE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES, INCLUDING THIS SITE.
Careerlist is an online membership-only marketplace aimed at connecting top talent with top employers.
Individuals seeking careers, employment opportunities, or networking opportunities may register as users of the Services and may then use the Site and Services to apply for membership in the Careerlist network as “Talent”.
Employer organizations that are accepted as Members of the Careerlist network (“Employers”) may designate one or more individuals employed by the employer organization as “Leaders” and “Administrators” in order to use the Careerlist Services to connect with Talent on behalf of the Employers. For terms directly pertaining to Employers, click here.
Registered users who are accepted as Talent or Employers are considered “Members” of the Careerlist network who have full access to our Services.
If you are not a Member, you may still have limited access to the Site and infomration that we provide to you as a visitor.
In order to access and use most of our Services, (other than browsing our Site) you must register for either Talent, or Employer account. It is a condition of your use of the Services, including any Member Services, that all information provided is correct, current, and compete. You agree that all information provided to Careerlist, including but not limited to the use of any interactive features on the Service, is governed by our Privacy Policy and any agreements between you and Careerlist with respect to the Services, and you consent to all actions we take with respect to your information consistent with these agreements.
In order to access and use our Services, you must have an appropriate Internet connection and use an approved browser and hardware that meets the minimum system specifications for the Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity.
Employers and Talent hereby represent and warrant that they will keep their contact information provided in their account with Careerlist up to date and accurate.
Your account is personal to you. You are responsible for the confidentiality of your user account information. You should notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to disable your access to the Services and your Membership within the Careerlist network at any time in our sole discretion if you have violated any provision of the Terms of Use.
Talent must email membership@careerlist.com if they would like their account deactivated.
The Services and all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of them, including all copyright in the video-based interviews of Talent and Leaders are owned by Careerlist or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, including without limitation the video-based interviews and Careerlist generated profiles except as expressly authorized as a part of our Services.
You agree that you will not, unless expressly permitted by us or our Services:
Reproduce or modify copies of any materials obtained from this Site or the Services;
Use any Talent videos, Leader videos, or any other images, video, or audio sequences separately from the Services as provided by us on this website;
Delete or alter any copyright, trademark, or other proprietary rights notices from this Site or from copies of materials downloaded from this Site.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Careerlist. Any use of the Services not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.
Careerlist respects intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Contributions deemed to have posed such violation. Please email finance@careerlist.com with any concerns.
Employers may only use the Services to identify and communicate with prospective Talent for hire by their Employers.
Talent may only use the Services to identify and communicate with prospective Leaders and Employers with whom they may wish to be employed.
All Talent, Leaders, and visitors and users of the Site may only use the Site and Services for lawful purposes and in accordance with the Terms of Use.
You agree not to:
Copy, modify, or create derivative works or improvements of the Site or other Services,
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any of the Services to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service,
Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code used to provide the Services, in whole or in part,
Bypass or breach any security device or protection used by us or the Services or access or use the Services other than by an authorized user through the use of his or her own then-valid access credentials,
Input, upload, transmit, or otherwise provide to or through the Services any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code,
Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services,
Remove, delete, alter, or obscure any trademarks, disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Services,
Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party or that violates any applicable law,
Use the Services in any way that violates any applicable federal, state, provincial, municipal, local, or international law,
Transmit or send any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation,
Impersonate or attempt to impersonate Careerlist, a Careerlist employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing),
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Careerlist or users of the Services or expose them to liability,
Use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services,
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services,
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent or as expressly permitted by the Services,
Use any device, software, or routine that interferes with the proper working of the Services,
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services,
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack,
Otherwise attempt to interfere with the proper workings of the Services.
The Services permit you to upload and sometimes post certain information and content, including resumes, profile pictures, LinkedIn or other social media profiles, and other information about yourself as Talent, information about yourself as a Leader, information about Employers, function descriptions, and other content or materials (collectively, “Contributions”).
All Contributions must comply with content standards set out in the Terms of Use or otherwise set out on the Site or communicated to you as a part of the Services.
By providing any Contribution, you grant to Careerlist and our affiliates and each of our successors the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Contribution but solely for the purposes set out in this Agreement and to provide you the Services that you have selected and which are in accordance with your account settings.
You represent and warrant that you own or control all rights in and to your Contributions and have the right to grant the license granted above to us.
You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and that you, and not Careerlist, have full responsibility of such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Contributions posted by you or any other user of the Services.
As between each Talent member, Careerlist, and other users of the Services, the Talent member is and will remain the sole and exclusive owner of all right, title, and interest in and to all Contributions provided by the Talent, including all intellectual property rights in such Contributions, subject to the rights and permissions granted by the Terms of Use.
As between each Leader, Careerlist, and other users of the Services, the Leader is and will remain the sole and exclusive owner of all right, title, and interest in and to all Contributions provided by the Leader, including all intellectual property rights in such Contributions, subject to the rights and permissions granted by the Terms of Use.
As between each Member, registered user or other visitor or user of the Services on the one hand, and Careerlist on the other hand, Careerlist is and will remain the sole and exclusive owner of all right, title, and interest in and to all data and information compiled, developed, or otherwise created contributed to the Services by or on behalf of Careerlist, subject to the underlying rights in the Contributions provided by each Talent or Leader, as the case may be, including all intellectual property rights in such data and information.
You hereby irrevocably grant to Careerlist and its subcontractors all such rights and permissions in or relating to any information that you provide through the use of the Services, including without limitation your Contributions, as are necessary or useful to perform the Services, to enforce the Terms of Use and to exercise Careerlist’s rights under and to perform under the Terms of Use.
We have the right to:
Remove or refuse to post any Contributions for any or no reason in our sole discretion.
Take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates the Terms of Use, including any of our content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Careerlist.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any violation of the Terms of Use.
We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS CAREERLIST AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not necessarily undertake to review all Contributions before they are posted on the Site or uploaded and made available on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non performance of the activities described in this section.
These content standards apply to any and all Contributions and use of the Services. Contributions must also comply with all applicable federal, provincial, state, municipal, local, and international laws and regulations.
Without limiting the generality of the foregoing, Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
We do not warrant the accuracy, completeness, or usefulness of Contributions or of any Talent or Leader profile information shared or produced by us.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY THIRD PARTIES OR ANY MATERIALS CREATED BASED ON MATERIALS PROVIDED BY THIRD PARTIES.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAREERLIST NOR ANY PERSON ASSOCIATED WITH CAREERLIST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CAREERLIST NOR ANYONE ASSOCIATED WITH CAREERLIST REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, UNINTERRUPTED, CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CAREERLIST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL CAREERLIST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO BY US, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Terms of Use are governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario.
For the purpose of all legal proceedings the Terms of Use will be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario will have jurisdiction to entertain any action arising under the Terms of Use, except for matters that can be tried only before a Federal Court in which case jurisdiction and venue shall be in Ontario. The parties to this agreement each hereby attorn to the jurisdiction of the courts of the Province of Ontario and of the Federal Court in accordance with the foregoing and waive any objection to venue or any claim of inconvenient forum.
No waiver by Careerlist of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Careerlist to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
This Site is operated by
Careerlist, Inc. of
3400 One First Canadian Place,
P.O. Box 130, Toronto, ON, M5X 1A4
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: membership@careerlist.com.