These Thrive Career Wellness Inc Terms of Service for Job Seekers (the “Terms”) govern your access to and use of the Thrive Career Wellness Inc. (“Thrive Career Wellness”, “we” or “our” or “us”) websites of http://careerjsm.com and http://thrivemycareer.com and the associated domains (the “Site”), and the services you may access and use through the Site to assist with your search for a job (the “Services”). As part of your use of the Services, you may download browser extension software to help you track your job search (the “Software”). The Site, Services, and Software are collectively referred to as “Offerings” and these Terms are between you and Thrive Career Wellness only. Our Offerings assist Job Seekers (“Job Seekers” or a “User”) search for and secure a job. Please carefully read these Terms before accessing and using the Offerings. Should you have any questions about these Terms, please contact us at firstname.lastname@example.org or email@example.com . By using the Offerings you (“you” and “your”) agree to be bound by these Terms.
You may use the Offerings only in compliance with these Terms. You may use the Offerings only if you have the power to form a contract with Thrive Career Wellness Inc and are not barred under any applicable laws from doing so. The Offerings may continue to change over time as we refine and add more features. You understand that we are not obligated to provide you or make available to you any updates or upgrades to the Offerings. We may stop, suspend, or modify the Offerings at any time without prior notice to you. We may also remove any features and content from our Offerings at our discretion. We will provide to you standard Thrive Career Wellness Inc basic email support services from 9am ET to 5pm ET Monday to Friday (except where any such days occur on any provincial or federal statutory holiday observed in the Province of Ontario, Canada) at no additional charge and/or upgraded support services if commercially available and purchased by you from us.
2. Job Seeker Content and Reports
When you use the Offerings, you may provide us with information that includes, without limitation, login credentials, your name, email address, resume, school, degree, concentration, school start date, school graduation date, the types of jobs you are seeking, where the jobs need to be located, what sector or industry the jobs need to be in, and who the employers may be relating to your job search (collectively, “Job Seeker Content”). While we may store, maintain, and provide you a copy of your Job Seeker Content, past job searches, the information you submitted while using the Offerings, the activities or transactions you performed while using the Offerings, and data related to your past job searches (collectively “Reports”), we have no obligation to store, maintain, or provide you a copy of the Job Seeker Content and Reports. You are responsible for the Job Seeker Content and Reports that may be lost or unrecoverable through your use of the Offerings. We encourage you to archive the Job Seeker Content and Reports regularly and frequently.
You are solely responsible for your conduct, the Job Seeker Content, the content of your activity on the Site and Services, and your communications with others while using the Offerings. If you want continued access to certain Job Seeker Content, Reports, the content of your activity on the Site and Services, , and your communications with others while using the Offerings, we recommend you save, store, and backup this information.
You acknowledge that we have no obligation to monitor the Job Seeker Content, Reports, or any information on the Offerings, however, we may do so for the purpose of improving or enhancing the Offerings. We are not responsible for the accuracy, completeness, appropriateness, or legality of the Job Seeker Content, Reports, or any other information you may be able to access using the Offerings.
3. Sharing Job Seeker Content and Reports
The Offerings may provide features that allow you to share the Job Seeker Content and Reports with others. There are many things that users may do with Job Seeker Content and Reports (including, copy it, modify it, and share it). Please consider carefully what you choose to share. Thrive has no responsibility for any of that activity.
4. Your Responsibilities
All material, functionality, Offerings, not owned by us or by other parties that have not licensed their material or provided Offerings to us and used in the Offerings (“Third Party Materials”) may be protected by intellectual property rights of others. Please do not import, copy, upload, download, or share Third Party Materials, Job Seeker Content, and Reports unless you have the right to do so. You, not Thrive, will be fully responsible and liable for what you analyse, copy, share, upload, download, or otherwise use while using the Offerings. You must not import or upload spyware or any other malicious software to the Offerings.
You, and not Thrive, are responsible for maintaining all of the Job Seeker Content, Reports, and content of your activity on the Site and Services. Thrive will not be liable for any loss or corruption of the Job Seeker Content, Reports, the content of your activity on the Site and Services, or for any costs or expenses associated with backing up or restoring any of the Job Seeker Content, Reports, and your content of your activity on the Site and Services.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
5. Account Security
You are required to confirm your email account in order to register for and use the offerings. You are responsible for safeguarding the password that you use to access the Offerings and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Thrive of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to Thrive, it is your responsibility to use a secure encrypted connection to communicate with the Offerings.
6. Software and Updates
Through your use of the Offerings, we provide you with Software. We hereby grant you a limited, nonexclusive, nontransferable, and revocable license to use the Software, solely to access and use the Offerings. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights or if these Terms expire or are terminated. We hereby reserve all rights not expressly granted in these Terms. Our Offerings may update the Software on your hardware automatically when a new version is available and all such updates will be considered Software under these Terms.
7. Thrive Property and Feedback
All material and services available through the Offerings, and provided by or through Thrive, its affiliates, subsidiaries, employees, agents, third party providers, licensors, or other commercial partners including, but not limited to, Job Seeker Content, Reports, the content of your activity on the Site and Services, the Software, job postings, articles, blogs, audio, video, training materials, informational text, software and software documentation, design of and "look and feel," layout, images, photographs, graphics, messages, interactive and instant messaging, design and functions, files, documents, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Thrive trademarks and service marks, logos, slogans and taglines are the property of Thrive. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Thrive without our express written permission, or the express written permission of the third-party that owns the trademark, service mark, logo, slogan or tagline.
Subject to these Terms and any additional terms and conditions you may agree to with us, Thrive hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials provided by Thrive to the extent, and only to the extent, necessary to access and use the Offerings in accordance with these Terms. This license does not permit you, and you agree not to: import, store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior written consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
These terms do not grant you any right, title, or interest in the Offerings, Third Party Materials, Materials, software, or the content in the Offerings. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such feedback as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
8. Thrive Acceptable Use Policy
You agree not to misuse the Offerings, Third Party Materials, and/or Materials.
For example, you must not, and must not attempt to, use the Offerings, Third Party Materials, and/or Materials to do the following things:
· Modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Offerings, Third Party Materials, and/or Materials;
· Reverse engineer, disassemble, or decompile the Offerings, Third Party Materials, and/or Materials (in whole or in part) or apply any other process or procedure to derive the source code of the Offerings, Third Party Materials, and/or Materials and any software included in the Offerings, Third Party Materials, and/or Materials;
· Access or use the Offerings, Third Party Materials, and/or Materials in a way intended to avoid incurring fees;
· Resell or sublicense the Offerings;
· Probe, scan, or test the vulnerability of any system or network;
· Breach or otherwise circumvent any security or authentication measures;
· Access, tamper with, or use non-public areas of the Offerings, shared areas of the Offerings you have not been invited to, and Thrive (or our third party providers’) computer systems;
· Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Offerings;
· Plant malware or otherwise use the Offerings to distribute malware;
· Access or search the Offerings by any means other than our publicly supported interfaces (for example, you agree that you will not utilize “scraping” technology to access or search the Offerings);
· Send unsolicited communications, promotions or advertisements, or spam;
· Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
· Publish or share anything that is deceptive, fraudulent, misleading, or infringes another’s rights or intellectual property, or otherwise infringe or misappropriate the intellectual property rights of another;
· Impersonate or misrepresent your affiliation with any person or entity;
· Publish, import, upload, or share anything or make inappropriate requests that are pornographic or indecent, obscene, sexual or sexually suggestive, offensive, threatening, or that advocate bigotry, religious, racial or ethnic hatred; and
· Violate the law in any way, or to violate the privacy of others, or to defame others.
We respect others’ intellectual property and ask that you do too. When using the Offerings, make sure that you are using Third Party Materials that you have obtained permission to use for that purpose, in order not to infringe on the intellectual property rights of others. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our Notice and Takedown Procedure . We reserve the right to delete or disable content alleged to be infringing intellectual property rights and to terminate repeat infringers.
10. Other Content
The Offerings may contain links to or permit the use of third party websites or Third Party Materials. Thrive does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or Third Party Materials and you may be subject to any applicable third party terms and conditions. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
The term of these Terms will commence on the date you agree to these Terms, or if earlier, when you use any of the Offerings and will continue for twelve (12) months (the ("Initial Term"). Thereafter these Terms will automatically renew for successive one (1) year terms (each a “Renewal Term”) unless either party notifies the other at least ten (10) days prior to the expiration of the Initial Term or the then Renewal Term or either party terminates these Terms in accordance with these Terms. The Initial Term and each Renewal Term are collectively referred to as the “Term”.
You are authorised to access and use the Offerings in exchange for the fees (“Fees”) and applicable taxes you and/or your the customer provider pay for such access and use and which is agreed upon with us. Your access and use rights to the Offerings must not be shared or used by anyone other than you. Thrive, or our third party providers, who store your payment card information (if any), are authorized to charge your payment card the Fees and taxes and if the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees and taxes. You agree the cost of the Offerings may change from time to time. Payments due before the termination of these Terms will still be payable by you (if applicable) at the time of such termination.
Though we would much rather you stay, you can stop using our Offerings by following the termination procedures set out in Section 10. We reserve the right to suspend or end the Offerings at any time, without penalty, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Offerings in any way that would cause us legal liability or disrupt others’ use of the Offerings. If we suspend or terminate your use, we will try to let you know in advance by using the contact information in your account and help you retrieve data within 5 days of the suspension or termination, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately without notice to you. Upon termination of these Terms, you agree to cease accessing and using the Offerings.
14. Thrive is Available “AS-IS”
Though we want to provide a great service and we use a hosting service provider which provides our storage space for our Offerings, there are certain things about the Offerings we cannot promise. For example, THE SITE, OFFERINGS, THIRD PARTY MATERIALS, AND MATERIALS, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF THE JOB SEEKER CONTENT AND ALL ACCOMPANYING DATA. WE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT WE MAY NOT MAINTAIN COPIES OF JOB SEEKER CONTENT, REPORTS, FILES, FOLDERS, THIRD PARTY MATERIALS, MATERIALS, OR DOCUMENTS THAT ARE USED, CREATED, OR SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP JOB SEEKER CONTENT, REPORTS, FILES, FOLDERS, THIRD PARTY MATERIALS, MATERIALS, AND DOCUMENTS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Thrive will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Offerings, Third Party Materials, Materials, and/or software. Some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you.
FURTHER, WE AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES THAT THE OFFERINGS, THIRD PARTY MATERIALS, AND/OR MATERIALS ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE OFFERINGS OR THE THIRD PARTY MATERIALS, AND/OR MATERIALS OUTSIDE CANADA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT, IMPORT, AND USE LAWS AND REGULATIONS OF OTHER COUNTRIES. NEITHER THRIVE NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE THIRD PARTY MATERIALS, MATERIALS, OR THE OFFERINGS OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. Exclusive Remedy
IN THE EVENT OF ANY PROBLEM WITH THE OFFERINGS, THIRD PARTY MATERIALS, AND/OR THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE OFFERINGS, THIRD PARTY MATERIALS, AND/OR THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL THRIVE, ITS AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE IN ANY WAY FOR YOUR ACCESS AND USE OF THE OFFERINGS, THIRD PARTY MATERIALS, AND/OR THE MATERIALS AVAILABLE ON OR THROUGH THE OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE OFFERINGS, THIRD PARTY MATERIALS, AND/OR THE MATERIALS AVAILABLE ON OR THROUGH THE OFFERINGS. Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and defend us, our affiliates, subsidiaries, agents, successors, assigns, third party providers, licensors, and suppliers, and each of their respective officers, directors, employees, and representatives (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to lawyers' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your access and use (or the access and use by anyone through your account) of the Offerings, Third Party Materials, and/or Materials; (ii) your Job Seeker Content; (iii) your interaction with any employer or other user of the Offerings; and (iv) any breach or violation of these Terms by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
17. Limitation of Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH ACCESS AND USE OF THE OFFERINGS, JOB SEEKER CONTENT, REPORTS, THIRD PARTY MATERIALS, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE OFFERINGS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES AND HOLD US AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES ), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE OFFERINGS, JOB SEEKER CONTENT, REPORTS, THIRD PARTY MATERIALS, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE OFFERINGS. YOU HEREBY WAIVE THE PROVISIONS OF ANY JURISDICTION OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IN ANY CASE, OUR AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO 10% OF THE FEES YOU ACTUALLY PAY US UNDER THESE TERMS IN THE 3 MONTHS PRECEDING THE CLAIM.
We may revise these Terms from time to time and by providing you with reasonable notice of the change either electronically or by posting notice of the change on the Site and by indicating your acceptance to the amended Terms of Service by clicking on the appropriate button, you accept the new Terms of Service. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. The most current version of the Terms of Service will always be posted on the Site. If you have an account with us, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed these Terms. As you know, sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your email filters and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. If you do not agree to the new Terms of Service, please stop accessing and using the Offerings.
We may also, in the future, offer updates, upgrades, or services through the Offerings. Any new updates, upgrades, or services will be subject to these Terms and any additional terms that accompany such new updates, upgrades, or services.
19. Miscellaneous Legal Terms
These Terms shall be governed by and construed under the laws of the Province of Ontario, Canada. Each party hereto irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts of the Province of Ontario, Canada. The parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Terms and agree that any proceeding must be brought in and remain in the courts located in the City of Toronto, Ontario. These Terms constitute the entire and exclusive agreement between you and Thrive with respect to the Offerings, and supersede and replace any other agreements, terms and conditions applicable to the Offerings. These Terms create no third party beneficiary rights. Thrive’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms will remain in full effect. You may not assign any of your rights in these Terms, and any such attempt is void, but Thrive may assign its rights to any of its affiliates or subsidiaries, or as part of a sale of all or part of the business or undertaking of Thrive. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Thrive and you are not legal partners or agents; instead, our relationship is that of independent contractors. Notwithstanding the termination or expiration of these Terms for any reason, Sections 2, 3, 4, 5, 7, 8, 10, 12, 13, 14, 15, 16, 17, 18, and 19 of these Terms shall survive any such termination or expiration.