Terms of Use

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.

  1. Introduction to the Services

    1. Careerlist is an online membership-only marketplace aimed at connecting top talent with top employers.

    2. 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”.

    3. 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.

    4. Registered users who are accepted as Talent or Employers are considered “Members” of the Careerlist network who have full access to our Services.

    5. 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.

    6. If you register with Careerlist as a user of the Services, and if you apply to be a Talent Member, we may collect your name, email address, user account password, a copy of your resume, information from any social media or otherprofile that you provide (e.g. your Linkedin profile) and the answers to some questions limited profile-realted questions that assist in determining an indeal employer culture.
    7. Talent Members or applicatns may also provide additional content that they choose to include in their profile.
    8. If Careerlist determines, in its sole discretion, that an individual’s application passes an initial screening as a high caliber candidate for possible employment by the Careerlist network of Employers, Careerlist may invite the individual to schedule a phone or video-based interview, which may be conducted and recorded by Careerlist or a third-party service provider. If Careerlist determines, in its sole discretion, that the individual demonstrates qualities compatible with the Careerlist network of Employers (academic, professional or personal achievements, and characteristics), the applicant will be approved as a Talent Member within the Careerlist network. Talent Members must log-in and activate their account on the Site so as to have full access to the Services, which will permit them to search and review Leader and Employer profiles as well as receive inbound messages from Employers.
    9. Careerlist collects profile generating information from each Employer, including name, email address, phone number, profile picture, information about hiring needs, and a video-based interview, conducted and recorded by Careerlist.
  2. Access to the Services and Account Services

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. Talent must email membership@careerlist.com if they would like their account deactivated.

  3. Changes to the Terms of Use

    1. We may revise and update the Terms of Use from time to time. All changes are effective immediately when we post them, and your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
  4. Changes to the Services

    1. We reserve the right to modify or amend the Services, or to discontinue certain Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time for any period. From time to time, we may restrict access to some or all of the Services, including by registered users.
  5. Intellectual Property Rights

    1. 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.

    2. 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.

    3. You agree that you will not, unless expressly permitted by us or our Services:

      1. Reproduce or modify copies of any materials obtained from this Site or the Services;

      2. 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;

      3. Delete or alter any copyright, trademark, or other proprietary rights notices from this Site or from copies of materials downloaded from this Site.

    4. 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.

    5. 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.

  6. Trademarks

    1. The Careerlist name, the Careerlist logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Careerlist or its affiliates or licensors. You must not use such marks without the prior written permission of Careerlist. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
  7. Prohibited Uses

    1. Employers may only use the Services to identify and communicate with prospective Talent for hire by their Employers.

    2. Talent may only use the Services to identify and communicate with prospective Leaders and Employers with whom they may wish to be employed.

    3. 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.

    4. You agree not to:

      1. Copy, modify, or create derivative works or improvements of the Site or other Services,

      2. 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,

      3. 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,

      4. 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,

      5. 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,

      6. Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services,

      7. Remove, delete, alter, or obscure any trademarks, disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Services,

      8. 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,

      9. Use the Services in any way that violates any applicable federal, state, provincial, municipal, local, or international law,

      10. Transmit or send any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation,

      11. 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),

      12. 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,

      13. 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,

      14. 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,

      15. 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,

      16. Use any device, software, or routine that interferes with the proper working of the Services,

      17. 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,

      18. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack,

      19. Otherwise attempt to interfere with the proper workings of the Services.

  8. User Contributions

    1. 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”).

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

  9. Data Ownership and Usage Rights

    1. 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.

    2. 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.

    3. 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.

    4. 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.

  10. Monitoring and Enforcement; Termination

    1. We have the right to:

      1. Remove or refuse to post any Contributions for any or no reason in our sole discretion.

      2. 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.

      3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

      4. Terminate or suspend your access to all or part of the Services for any violation of the Terms of Use.

      5. 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.

      6. 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.

  11. Content Standards

    1. 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.

    2. Without limiting the generality of the foregoing, Contributions must not:

      1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

      2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age;

      3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

      4. 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;

      5. Be likely to deceive any person;

      6. Promote any illegal activity, or advocate, promote, or assist any unlawful act;

      7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

      8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

      9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;

        1. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  12. Reliance on Information Provided

    1. We do not warrant the accuracy, completeness, or usefulness of Contributions or of any Talent or Leader profile information shared or produced by us.

    2. 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.

    3. 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.

  13. Information About You and Your Visits to the Services

    1. All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  14. Linking to the Services and Social Media Features

    1. 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.

    2. 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.

    3. We may disable all or any social media features and any links at any time without notice in our discretion.

    1. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
  15. Geographic Restrictions

    1. The owner of the Services is based in the Province of Ontario in Canada. We provide the Services for use only by persons located in the United States and Canada. We make no claims that the Services or any of its content is accessible or appropriate outside of North America. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside North America, you do so on your own initiative and are responsible for compliance with local laws.
  16. Representations and Warranties

    1. You represent, warrant, and covenant to Careerlist that you own or otherwise have and will have the necessary rights and consents in and relating to your Contributions so that, as received by us and processed in accordance with the Terms of Use, they do not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights, of any third party or violate any applicable law.
  17. Disclaimer of Warranties

    1. 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.

    2. 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.

    3. 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.

    4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  18. Limitation on Liability

    1. 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.

    2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  19. Indemnification

    1. You agree to defend, indemnify, and hold harmless Careerlist, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Services, including but not limited to, your Contributions and any use of the Services other than as expressly authorized in the Terms of Use or your use of any information obtained from the Services.
  20. Governing Law and Jurisdiction

    1. 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.

    2. 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.

  21. Arbitration

    1. At Careerlist’s sole discretion, it may require you to submit any disputes arising from the Terms of Use or use the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination to final and binding arbitration under
  22. Waiver and Severability

    1. 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.

    2. 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.

  23. Entire Agreement

    1. The Terms of Use, including our Privacy Policy and any agreements that they incorporate by reference or that incorporate them by reference constitute the entire agreement between you and Careerlist with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
  24. Your Comments and Concerns

    1. This Site is operated by

      Careerlist, Inc. of
      3400 One First Canadian Place,
      P.O. Box 130, Toronto, ON, M5X 1A4

    2. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: membership@careerlist.com.