Please read these terms and conditions carefully before using this web site.
This web site ("Site") is provided by Higher Bracket Online Media Inc. ("The Company"), conditional on your acceptance of the terms and conditions of use set forth below ("Terms"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site ("Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with The Company. In case of inconsistency between these Terms and Conditions and any other agreement you may have with The Company, the other agreement shall prevail, but only to the extent of the inconsistency.
Acceptable Use of Site
Users may not use the Web Site in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation. Users and visitors may not use the site 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. Users and visitors may not use the Site in a manner that is defamatory, obscene, threatening, abusive or hateful.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals seeking employment and career information, employers seeking employees and third party providers of career information with the express written permission of The Company. The Company specifically prohibits any use of the Web Site, for any of the following:
1. Posting any incomplete, false information or information which is not your own accurate resume.
2. Deleting or altering in any way whatsoever any material posted by any other person or entity.
3. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site.
4. Taking any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
5. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties. Disclosing or sharing your password and login information will result in immediate termination of your access to the Site.
6. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox Mozilla).
7. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
8. Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site. Including but not limited to the jobs posted on this site.
9. Framing of or linking to any of the materials or information available from the Web Site.
Valid E-mail Address
Access to non-public areas of this site is granted to those who supply a valid e-mail address only. The validity of this e-mail address must be maintained; e-mail addresses will be checked for validity and authenticity regularly and invalid e-mail addresses will be deleted from our servers which will terminate access to the non-public portions of this Site.
Site Security
Users are prohibited from violating, attempting to violate or circumvent the security of the Web Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
No Express or Implied Warrantee
These data contained in this website, including text, graphics and all other content are not warranted to be accurate, reliable, timely or complete. The company particularly disclaims liability for omissions or errors in this information, data, content and material. The company does not warrant that the website will operate error free. The company does not warrant that the site and the servers that the site uses are free of viruses or other harmful mechanisms.
Limitation of Liability
The Company, its suppliers or any third parties mentioned on the website, will not be liable for any damages arising from the use of this website. This will include without limitation any direct, indirect, punitive, consequential or incidental damages, or any expenses or losses including without limitation lost profits or damages resulting from lost data or business interuption arising from the use of this website. This will also include any information distributed by The Company by email, or any link associated with this website. The Company will not be liable for damages resulting from any parties inability to use this site, or for errors, omissions, or for any interruptions of the availability of this website. The company will not be liable for any viruses or other harmful mechanisms distributed thru this website by third parties via email or any other means. The Company will not be liable for any damages whatsoever even if the Company or representatives of the company are advised of the possibility of such potential losses, damages and expenses.
Renewal and Cancellation Policy
To preserve continuity all monthly, annual and semi-annual subscriptions will automatically renew. You must cancel your subscription before your renewal date to avoid being charged for the renewal. All subscriptions are renewed for the same term that you initially selected at our current price schedule. To cancel, please email your request prior to your renewal date to: MemberServices@HigherBracket.ca You may also reach us by phone at 1-866-636-9400.
Refunds
Higher Bracket Online Media Inc. is committed to the concept of total subscriber satisfaction. You may cancel your subscription and receive a full refund within 3 days of the activation of your subscription. After this 3 day period, you may cancel but no refund will be given on unused portions of your subscription.
Changes to Terms and Conditions
The Company has the right, in its sole discretion, to remove, add to, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted on this Site. Please check these Terms and Conditions frequently for updates. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will constitute acceptance of those changes.
Changes to this Site
The Company may change, suspend or discontinue any aspect of this Site, including: changing the availability of any features, at any time without notice or liability. The Company may change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services. The Company may impose limits on certain features and Services or restrict your access to parts, or all of this Site without notice or liability for any reason whatsoever. The Company reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
Links to Other Sites
Certain links on this Site may take you to other web sites. If you decide to access linked third party Web sites, you do so at your own risk. The links contained on this site are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you use these sites, you will leave this Site, it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Submissions to the website
By submitting information to The Company in conjunction with this website, you grant that this information shall be deemed to be the property of The Company. In accordance with our privacy policy, the company shall use this information as it sees fit. Details of our privacy policy are available here:
Acceptence of job postings for inclusion in our database or search index is at the sole discretion of The Company.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web Site.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings or resumes from this Site and immediate termination of your membership with or ability to access the Site and/or any other service provided to you by the Company, upon any breach by you of these Terms or if the Company is unable to verify or authenticate any information you submit.
Governing Law
Use of this Site shall be governed by all applicable laws of Canada. You agree to submit to the personal jurisdiction of the provincial and federal courts in the province where you reside with respect to any legal proceedings arising out of this agreement or your use of the Site and waive any objection to the propriety or convenience of venue in such courts. If you reside outside of Canada then you agree to submit to the personal jurisdiction of the provincial and federal courts in the province of Ontario with respect to any legal proceedings arising out of this agreement or your use of the Site and waive any objection to the propriety or convenience of venue in such courts.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), alleging or resulting from your use of this Site, including but not limited to your breach of the terms of these Terms.
