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Terms and Conditions

 

THE FOLLOWING TERMS AND CONDITIONS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JOB PROOF. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY. THESE TERMS AND CONDITIONS MAY BE AMENDED FROM TIME TO TIME AND THEY DESCRIBE AND CONTROL YOUR LEGAL RELATIONSHIP WITH JOB PROOF, THE RIGHTS YOU ARE GRANTING TO JOB PROOF WITH REGARDS TO ANY CONFIDENTIAL AND PERSONAL INFORMATION PROVIDED BY YOU TO JOB PROOF (COLLECTIVELY, "CONTENT") AND WHAT USES JOB PROOF MAY MAKE OF THE CONTENT. THIS DOCUMENT ALSO EXPLAINS YOUR OBLIGATIONS TO JOB PROOF AND JOB PROOF'S OBLIGATIONS TO YOU.

 

Agreement between User and jobproof.com

 

Welcome to jobproof.com. The jobproof.com website (the "Site") is comprised of various web pages operated by Job Proof Canada ("Job Proof"). Jobproof.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of jobproof.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

Jobproof.com is an Employment History Site; our mission is to catapult your resume above the competition. We provide a unique service for job seekers looking for office jobs that makes it easy for employers to hire you. By having your employment history verified, you've done some of their work for them. We are dedicated to helping you get noticed. Job Proof is dedicated to simplifying the job hiring process for any company who checks references mainly to verify job titles and dates of employment. We offer a hassle-free alternative to calling references and dealing with voicemail and out-of-office replies. We understand the need to hire staff immediately; waiting to reach a prospect's references is not always an option. We strongly believe it is beneficial for employers to know before the interview process whether a candidate does indeed have the experience listed on their resume.

 

Definitions

In this Contract, unless the contrary intention appears:

 

•  “Job Seeker” means a user who signs up for a member account as a Job Seeker.

•  “Job Title” refers to the position held at the time you left the company, regardless of how many different positions you held during your time there.

•  “Dates of Employment” refer to the entire time spent as an employee of the company.

•  “Employer” refers to a user who signs up for a member account as an Employer, or, a user who purchases an Employment History Verification Report.

•  “False Contact” means a person who does not actually hold the position stated

 

Job Seeker(s) hereby accepts and agrees that:

• If the job seeker fails to de-activate the reference number once the job seeker finds a job, then the Employer shall have all rights to maintain access to your employment information.

 

• If the job seeker lists a current employer, the job seeker shall be required to authorize Job Proof to contact the current employer; thereafter Job Proof shall not be held responsible for any damages resulting from contact with your current employer.

 

• If the job seeker grants permission for Job Proof to confirm previous job titles and dates of employment with the Employer; then Job Proof reserves the right to ask questions deemed necessary for clarification of information.

 

Employer(s) hereby accepts and agrees that:

• Job Proof shall verify a job seeker’s job title at the time they left their previous job. Job Proof does not verify every position held within that company during the Job Seeker’s tenure.

 

• Job Proof verifies information over the phone with HR personnel, payroll personnel, company owners, managers or supervisors. Job Proof shall make every effort to verify the validity of the contact name provided to us by the job seeker. Job Proof shall be held unaccountable and harmless for any inaccurate information provided to Job Proof by a false contact.

 

• Job Proof is not responsible for loss or damage that occurs due to information provided to us by a false contact.

 

• Job Proof does not require job seekers to provide their resume; therefore, we do not match our findings with a job seeker’s resume. All employment history information is provided to Job Proof at the sole discretion of the job seeker, dependent upon what the job seeker chooses to voluntarily disclose. As such, we do not guarantee that every position listed on a job seeker's resume will be verified or will be attempted to be verified.

 

• Job seekers should deactivate/disable their reference number as soon as they are no longer looking for work. However, it is the responsibility of the Employer to confirm applicants are still looking for work before they purchase an Employment History Verification Report. Job Proof is not responsible for, and will not refund, any report ordered for a job seeker who is no longer looking for work.

 

Privacy

 

Your use of jobproof.com is subject to Job Proof's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

 

Visiting jobproof.com or sending emails to Job Proof constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your account

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Job Proof is not responsible for third party access to your account that results from theft or misappropriation of your account. Job Proof and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Job Proof does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use jobproof.com only with permission of a parent or guardian.

 

Links to Third party sites/services

 

Jobproof.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Job Proof and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Job Proof of the site or any association with its operators.

 

Certain services made available via jobproof.com are delivered by third party sites and organizations. By using any service or functionality originating from the jobproof.com domain, you hereby acknowledge and consent that Job Proof may share such information and data with any third party with whom Job Proof has a contractual relationship to provide the requested product, service or functionality on behalf of jobproof.com users and customers.

 

No unlawful or prohibited use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use jobproof.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Job Proof that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Job Proof or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Job Proof content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Job Proof and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Job Proof or our licensors except as expressly authorized by these Terms.

 

Third Party Accounts

 

You will be able to connect your Job Proof account to third party accounts. By connecting your Job Proof account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

 

The Service is controlled, operated and administered by Job Proof from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Job Proof Content accessed through jobproof.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Job Proof Canada, its Owner, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Job Proof reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Job Proof in asserting any available defenses.

 

Arbitration

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Ontario Arbitration Act, 1991, conducted by a single neutral arbitrator and administered by an arbitral tribunal, or a similar arbitration service selected by the parties, at  a location within Ontario that is mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Ontario Arbitration Act, 1991 governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOB PROOF CANADA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

JOB PROOF CANADA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JOB PROOF CANADA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOB PROOF CANADA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOB PROOF CANADA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

 

Job Proof reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario and you hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Job Proof as a result of this agreement or use of the Site. Job Proof's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Job Proof's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Job Proof with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Job Proof with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Job Proof with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

 

Job Proof reserves the right, at its sole discretion, to change the Terms under which jobproof.com is offered. The most current version of the Terms will supersede all previous versions. Job Proof encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

 

Job Proof welcomes your questions or comments regarding the Terms:

 

Email Address: info@jobproof.com

Telephone number: (905) 686-2926

 

Effective as of April 13, 2015