Terms Of Use
Your Acceptance of these Terms of Use

Synchronize HR Inc. (“Company”, “We”, “we”) is the provider of synchronizehr.ca and all of its features and services (“Site”). This page (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing or using the Site (“Use”), all users and viewers (“You”, “you”, “User”, “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. The Company reserves the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.

The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not intended for persons under the age of 13. If you are under the age of 13, unless your parents have consented as set out below, please do not use the Site. Talk to you parent or legal guardian about what websites are appropriate for you. By using the Site, you affirm that you are at least 13 years old or older and are fully able and competent to enter into this Notice, or if you are under 13 years old that your parent or legal guardian has consented to your use of this Site and accepted this Notice on your behalf. If you have authorized a minor to use the Site, you agree that you are fully responsible for the conduct of the minor including the consequences of any misuse of the Site by the minor, and for controlling his or her access to the Site. You acknowledge that the Company has no obligation to monitor the Site or any content accessible through the Site.

License

The Company grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Materials”) are exclusive property of the Company. The Materials are protected by copyright laws, trademark laws and any other applicable intellectual property rules, regulations and laws. Except as expressly permitted herein, you shall not (a) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Materials, or (b) use the Materials on other Sites or any media, e.g., networking environment, without the Company’s prior written consent. All trademarks, service marks and logos (the “Marks”) displayed on the Site are exclusive property of the Company and their respective owners. You shall not use the Marks in any manner without the Company and their respective owners’ prior written consent.

User Submissions

The Site provides a forum for you to obtain employment and career information. By submitting or entering your information to the Site (“Submitted Material”), you agree that you grant the Company a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide. You acknowledge and accept that the Company is only a passive forum for users to obtain employment and career information. The Company does not screen or monitor any Submitted Material. The Company, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Material. The Company reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Material that the Company considers to be unacceptable. In the event the Company receives notification regarding any unacceptable Submitted Material, the Company may investigate such materials, in its sole discretion. You acknowledge and agree that the Company may retain copies of your Submitted Material and disclose your Submitted Material to a third party if the Company believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of the Company; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert the Company’s claim under this Notice; and (vi) satisfy any claims regarding violations of third party’s rights.

Your Conduct

In connection with your Use, you agree NOT to:

Infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of the Company or any third party;

Upload, post, transmit, or store any material that is:

Unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;

Breaches any of your contractual or confidentiality obligations;

Disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or

Are not permitted by the Company, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail”, “spam mail”, “chain letters”, pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;

Violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information;

Breach or attempt to breach any security measures of the Site;

Use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Materials without the Company’s prior written consent;

Access or attempt to access any account or login of any third party listed on the Site;

Copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;

Post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;

Impersonate any person or entity;

Forge any header information in any electronic posting or mail; or

Misrepresent yourself, your affiliation with any third party or your entity.

Account and Password

The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify the Company if there is any unauthorized use of your account or any breach of security.

Employment

You understand and agree that the Company (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution and common sense in evaluating any prospective employers and any information provided by any third party.

Links to Third Party

The Site may contain third party advertisements or materials, and/or links, such as hyperlinks or buttons, directing access to third party websites (“Linked Sites”). The Linked Sites are not owned, controlled or monitored by the Company. The Company shall not be responsible for any materials, information, content, or privacy policies posted on the Linked Sites. In addition, we do not and cannot censor or edit the content of any Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between the Company and the owner of the Linked Sites or any endorsement or sponsorship by the Company of the Linked Sites. The Company includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution and common sense in using the Linked Sites. When you leave the Site, we encourage you to read the terms of use and privacy policies of the Linked Sites. By using the Site, you expressly release the Company from any and all liability arising from your use of any Linked Sites or as a result of any third party presence on the Site.

Privacy

Please click here to review the Site Privacy Policy.

Warranty Disclaimer

YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (B) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.

Liability and Limitations of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS RESPECTIVE PARENTS, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) AND WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR ITS CONTENTS, ANY SUBMITTED MATERIALS OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPER-LINKED WEBSITE.
  2. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES’ COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE TO $100.
  3. You agree that any cause of action arising out of or related to the Site will be permanently barred if it does not commence within one (1) year after the cause of action accrues.

Indemnity

You agree to indemnify, defend, and hold the Company and its Parties harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Material, or your violation of any terms and conditions of this Notice. The Company reserves the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with the Company and its designees’ defense of these claims, demands and actions.

Termination

The Company has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. The Company may also terminate your access to any part or all of the services provided by the Company on the Site at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the Site. The Company shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon and password. You should always maintain a copy of your Submitted Materials.

Jurisdiction and Governing Law

We make no representation that the Site or the Materials contained in it are appropriate or available for use in all locations. Those who choose to access the Site do so at their own risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

These Terms of Use (including the Privacy Policy) and your use of the Site shall be construed in accordance with and governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any claim related to these Terms of Use (including the Privacy Policy) and your use of the Site, and agree not to bring any action, claim, suit, or proceeding against the Company or its Parties in any jurisdiction other than the Province of Ontario.

If any provision of these Terms of Use (including the Privacy Policy) are deemed unlawful or unenforceable by a court of competent jurisdiction, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use comprise the entire agreement between you and the Company, and supersede all prior agreements between the parties, regarding the subject matter contained herein.

General

You agree that there is no employment, partnership, agency, or joint venture relationship between you and the Company arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and the Company governing your Use of the Site.

If you have any questions about the Site or the Notice, please contact:

Email: info@synchronizehr.ca

Last Updated: February 20, 2013