Please read these Terms of Service carefully as they contain the legal terms and conditions that you agree to when you use the Careerious™ for Individuals and Careerious™ for Employers services provided to you by Careerious at www.careerious.com .
By using the Service you agree to be bound by the Careerious Terms of Use found at Terms of Use and the Careerious Privacy Policy found at Privacy Policy which contain provisions applicable to all users of the Service and all visitors to the Site, and which are incorporated in these Terms of Service by this reference. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by these Terms of Service, which include the Terms of Use and the Privacy Policy.
“Careerious” means Careerious, Inc.
“Client Information” means Information submitted by you to Careerious.
“Service” means the Careerious for Individuals and Careerious for Employers services provided to you by Careerious at the Site.
“Site” means the URL located at www.careerious.com.
You are solely responsible for the accuracy and authenticity of the Client Information. You represent and warrant to Careerious as follows:
(a) you have the right and are authorized to submit the Client Information to Careerious and such submission does not violate any privacy rights, intellectual property rights, confidentiality rights or other proprietary or contract rights of any third party;
(b) the Client Information is true and accurate and does not contain any information which is libelous or otherwise illegal;
(c) you are not impersonating any person or entity or misrepresenting your affiliation with any person or entity;
(d) you will not misuse the Service or misappropriate the Client Information to compete directly or indirectly with Careerious or to engage in derivative commercial activities without Careerious' prior written consent; and
(e) you have investigated the desirability of utilizing the Service and are not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on Careerious' web site, the Site.
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless Careerious and its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) Client Information you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.
Careerious reserves the right to amend these Terms of Service, including the Terms of Use and Privacy Policy from time to time. If you have registered as a member, Careerious will notify you of any material changes to these Terms of Service by email sent to the address you have provided to Careerious for your account. If you continue to use the Service once you have been notified of the changes to the Terms of Service, you will be deemed to have accepted those changes.
All prices are stated in U.S. dollars and are valid until altered by Careerious. By subscribing to the Service , you agree to pay the subscription fee identified at the time you subscribe. Your subscription will remain in effect from the date on which you subscribe until the end of the subscription period you have selected. Careerious reserves the right at any time to change the subscription fee or subscription structure for the Service. In no event will the fees payable by you during the applicable subscription period increase unless Careerious obtains your prior agreement to pay such fee.
You may pay for the Service by using (i) a credit card acceptable to Careerious upon registering as a member of Careerious or at such other times as specified on the Site, or (ii) such other form of payment as Careerious may permit from time to time. Careerious may obtain a pre-approval from the credit card company for amounts payable to Careerious by you. You are responsible for the payment of all applicable taxes eligible on the Service in your jurisdiction.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Careerious immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. Careerious reserves the right to require you to alter your password if Careerious believes that your password is no longer secure.
Careerious does not control the content of members' accounts and does not have any obligation to monitor Client Information for any purpose. You acknowledge that you are solely responsible for all Client Information you provide to or receive from the Service. You further acknowledge that Client Information and other data submitted by you Careerious is owned by Careerious and governed by the Privacy Policy.
At Careerious' sole discretion, notices by Careerious to you regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the Site or by email to you.
This Agreement, together with the Terms of Use and the Privacy Policy constitute the entire agreement between Client and Careerious regarding the Service provided and/or to be provided by Careerious. This Agreement replaces any and all prior written and oral understandings and writings. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
Careerious may elect, in its sole discretion, to terminate the Service. If Careerious does terminate the Service, it will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee paid for Careerious for Employers for the period in which such termination occurs. The foregoing applies only to circumstances in which Careerious terminates Careerious for Employers for all of its registered members and shall not entitle you to a refund if Careerious terminates your individual access to the Service because you have failed to comply with any of these Terms of Service, including the Terms of Use and Privacy Policy, or for any termination of Careerious for Individuals.
If you are not completely satisfied with the Service, you may request a 110% Refund (as defined below) at any time during the 90-day period commencing on the date that you register as a member with Careerious (a “Termination Request”) provided that you
(i) have hired at least one employee using the Service, and
(ii) acting in good faith, complete Careerious’ standard questionnaire detailing why you are not satisfied with the Service.
(collectively, the “Refund Requirements”). Within 60 days of Careerious’ receipt of a Termination Request from you and Careerious’ determination that you have satisfied the Refund Requirements, Careerious will refund the following amounts to you (the “110% Refund”):
(i) if you pay fees monthly to Careerious, 110% of all monthly fees paid by you to Careerious during the 90-day period commencing on the date that you register as a member with Careerious; or
(ii) if you pay fees annually to Careerious, (a) 100% of the annual fee paid by you to Careerious during the 90-day period commencing on the date that you register as a member with Careerious plus (b) 10% of such annual fee multiplied by the number of days that you used the Service prior to Careerious’ receipt of a Termination Request divided by 365.
To use the Service in any manner whatsoever following the date of the Termination Request you agree that you will pay to Careerious an amount equal to the Refund, together with any other applicable fees.
Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the Province of Ontario.