Hcareers Holdings, LLC., DBA Hcareers, and subsidiaries and affiliates acting on our behalf (“HCAREERS,” ”COMPANY,” “WE,” ”US”) PROVIDES THIS WEB SITE AND ALL SITE-RELATED SERVICES, INCLUDING THE CONTENT AND CODE RELATED THERETO (COLLECTIVELY, THE "SITE"), SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.
This Agreement is made between the Company and you, the Site visitor and/or registered user ("you"). This agreement, along with our Privacy Policy, contain the terms upon which we agree to provide, and which govern the use and operation of, the Site. This Agreement is a contract that will govern your access and participation in offerings on our Site.
We hope there are not any disputes between Hcareers and you, but in case there are, there are some rules, below, for how to resolve them. Please read the Limitation of Liability section below.
We may, from time to time, revise and update this Agreement (including our Privacy Policy). These updates may be because we’ve updated our service offerings, changed how we do business, for legal, regulator, or security reasons, or to prevent abuse or harm. For example, these revisions may be to:
We will try to give you notice of changes in a way that we think is reasonable under the circumstances. The changes will not be retroactive. Any changes we make will be effective only after we provide you notice of the change. If we update the Agreement and you do not agree to the changes, you should stop using or participating in the offerings on this Site. Your use of the Site after such notice will be deemed acceptance of and agreement with such changes. You agree to be bound by the updated Agreement. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
You must be at least 13 years of age to use the Site.
© 1990 - 2024 HCAREERS. All Rights Reserved.
The Site, including all pages within and all code related thereto, is the property of the Company. No portion of the materials or code on these pages or anywhere on the Site may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express written permission of the Company.
HCAREERS® is a registered service mark of the Company. The HCareers logo is a trademark owned by the Company but not yet registered in the United States. All other trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.
The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHATSOEVER, EITHER EXPRESSED OR IMPLIED. HCAREERS AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF ANY INFORMATION THAT WE PROVIDE (INCLUDING, BUT NOT LIMITED TO, INFORMATION WHICH IS PUBLICLY AVAILABLE REGARDING CANDIDATES). NEITHER HCAREERS, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES. IF YOU ARE DISSATISFIED OR HARMED BY HCAREERS, YOU MAY CLOSE YOUR ACCOUNT.
HCAREERS AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF ALL VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF HCAREERS, OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK AND YOU UNDERSTAND THAT YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR THE RESULTS OBTAINED.
You acknowledge and understand that Hcareers cannot control or monitor all information submitted by users of the Site, such that there could be inaccuracies or errors, or activity not in compliance with these Terms (specifically, the "Code of Conduct" section). Additionally, you acknowledge that additions, deletions and alterations could be made by third parties to the Site. We have no control over the contents of third-party sites or resources and accept no responsibility for them, or any loss or damage that may arise from your interaction with those third parties. Although the Company attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at customersuccess@hcareers.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement."
The Site is only a venue allowing for the posting by employers, recruiters and staffing agencies of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “Employers”) and by candidates of their own resumes. The Company does not evaluate or censor the resumes, job listings or other information posted to the Site. Moreover, the Company is not involved in the actual transaction, if any, between potential Employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings or resumes posted to the Site, the truth or accuracy of such job listings or resumes, the ability of Employers to hire candidates or the ability of candidates to fill job openings.
We do not and cannot be involved in user-to-user transactions or control the behavior of the Site's users. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the Site. The Company neither warrants nor guarantees that a resume or job posting will be viewed by any specific number of users, or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.
HCAREERS SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED TO US BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THE USE OF THIS SITE. HCAREERS SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, SOFTWARE OR WEBSITES THAT ARE AVAILABLE THROUGH THIS SITE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE SITE USERS, YOU RELEASE HCAREERS (AND ITS SUBSIDIARIES, AFFILIATES, AGENTS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. YOU ACKNOWLEDGE THAT THERE MAY BE CERTAIN RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM AND OF DEALING WITH STRANGERS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES, ASSOCIATED WITH PURSUING RELATIONSHIPS BEGUN ON THE INTERNET. YOU ASSUME ALL RISKS RELATED TO DEALING WITH OTHER USERS WITH WHOM YOU HAVE HAD CONTACT THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WE DON’T LIMIT OR EXCLUDE OUR LIABILITY WHERE THAT WOULD BE ILLEGAL. WE ALSO DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIVE, INTENTIONAL OR KNOWING VIOLATION OF THE AGREEMENT OR APPLIABLE LAW. WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WE (AND OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR: ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR, ANY LOSS OF USE, PROFIT, BUSINESS, REVENUE OR DATA.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM ARISES OUT OF OR RELATING IN ANY WAY TO THE SITE, THESE TERMS, ANY OTHER PART OF THE AGREEMENT, ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, YOUR USE OF THE SITE; (3) WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR, (4) WHETHER OR NOT THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.
EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR TO ANY THIRD PARTY TO $100 US.
This Site may contain links to other web sites operated by third parties, other than affiliates of the Company ("Linked Sites"). We neither control nor endorse the Linked Sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. However, when you access a Linked Site, you may be providing your information to that third party and the third party’s policies will control how it will use, store, or disclose the information you provide. You acknowledge that the Company and its sponsors have no control over the contents of the third-party sites or resources and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors.
Although the Site is accessible worldwide, not all products or services discussed, referenced or made available on the Site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site are appropriate or available for use in locations outside the United States and Canada. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The Company reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:
By using the Site, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update, as necessary, your information; (c) maintain the security of the credentials you use; (d) be responsible for the acts or omissions of any third party who has authority to access or use your account; (e) immediately notify us if you discover or otherwise suspect any data security incidents or unauthorized access related to your access of the Site. You agree that Hcareers cannot be held responsible for any loss or damages arising from your failure to comply with this Section. Hcareers assumes no responsibility or liability for the selection, retention or hire of any individual, and such decisions by a company or entity are based solely on a company's investigation, verification and determination that such hire is suitable.
You agree to and will hold the Company harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the Hcareers system.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
The Company has no obligation to monitor the Site or Site-related services, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the activity on the Site and Site-related services, including any forum, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests.
The Company reserves the right to terminate or suspend your use of the Site and to refuse to post or to remove any information or materials, in whole or in part, if you breach this Agreement, including our Privacy Policy, for reasons that include your failure to comply with the Code of Conduct. Such prohibition may occur without notice to the user.
Use, duplication or disclosure by the United States government is subject to the restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is Hcareers 123 West Pender Street, Suite 1601, Vancouver BC V6B 1RB Canada (tel) 1-800-832-3738.
When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. If you submit such information to us, you understand that any such information will be treated by Company in the manner described in our Privacy Policy. You agree that all information that you provide to us, or any such merchant or service provider will be accurate, complete and current. You authorize us, as necessary, to instruct our third-party payment processor to handle such transactions. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. You acknowledge that each third-party payment processor has its own terms and conditions of use and that we are not responsible for said terms and conditions. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement, if any, that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service. In the event or conflict between this Agreement and the third-party payment processor’s terms and conditions regarding the Services, this Agreement shall prevail.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card by a third party in connection with the Services. All purchases and charges are non-refundable unless we specifically state otherwise in this Agreement, or unless it is otherwise provided by applicable law.
Because we host job boards and other forums found on the Site and elsewhere and, therefore, redistribute materials you give us, we require certain rights in those materials. Therefore, by providing us with access to, sending or transmitting to us resources, information, ideas, notes, concepts, images, photographs, logos, trademarks, service marks or other materials (including, but not limited to, job postings) (collectively, "Content"), or by posting such Content to any area of the Site, you grant us a worldwide, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute, adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site.
Communications between the Company and the users of the Site are not confidential.
Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.
As part of the registration process, your username will be your email address and you will be asked to select a password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request. If you are a job seeker who has reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information from the "My Info" tab of the Site and immediately notifying us of the problem via email addressed to customersuccess@hcareers.com. If you are an Employer who has reason to believe that your account with us is no longer secure, you must promptly contact Customer Support via email addressed to customersuccess@hcareers.com. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Hcareers, 123 West Pender Street, Suite 1601, Vancouver BC V6B 1RB Canada (tel) 1-800-832-3738, (fax) 604-433-8400. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Controlling Law: You and Hcareers agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Illinois, USA, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Illinois for any claim, dispute or matter arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.
Severability: If, for any reason, any of the provisions or portions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.
Waiver: Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement of if Hcareers fails to enforce any portion of the Agreement, that shall not be deemed a waiver or relinquishment of the right to do so or of any similar right or power at any subsequent time. Any waiver of any provision of the Agreement will be effective only if in writing and signed by an authorized representative of Hcareers.
Entire Agreement: This Agreement (which includes our Privacy Policy) constitutes the entire agreement between Hcareers and you pertaining to the subject matter of the Agreement. Any and all written or oral agreements heretofore existing between the parties are expressly canceled and superseded. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: