Below you will find Joberfer's terms and conditions. We have provided a robust level of information because we want you to have as much knowledge about what we do for you at Joberfer as is possible. We urge you to read these terms or any section of interest to you. You are agreeing to proceed under them.

Beta Release

Joberfer.com is currently in Beta release. The Beta Website is in Testing phase and provided on an “as is” and “as available” basis. A main purpose of this Beta release is to obtain feedback on the product performance, and as such Beta Products may contain defects. You are advised to safeguard important data, use caution, and not rely in any way on the correct functioning or performance of the Beta product or feature or accompanying material. Please contact us at your earliest convenience if you experience any defects. You shall indemnify, defend and hold harmless Joberfer.com and its parent company HealthJobHub Ltd from any claim or liability (including without limitation reasonable legal fees) arising out of or related to your use of, and access to, the Beta Site or any Joberfer product, program, or service.

Joberfer General Terms of Service

Last Updated: November 21, 2024

Introduction to Joberfer's Terms of Service

Each time you access or use Joberfer's online and/or mobile services and websites, including but not limited to any Joberfer mobile application and browser extension or plugin (collectively the Joberfer “Apps”, “Programs”, or “Services”), regardless of where it is downloaded from, and any software, service, feature, product, program and element provided by or on behalf of Joberfer on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand our Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the below entity or entities.

These Terms are effective immediately. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any references to "Joberfer” "we," or "our" in our Terms of Service shall refer to the below entity or entities.

For Job Seekers:

• If you are located within Canada or outside of Canada, the Site is provided by HealthJobHub Ltd trading as Joberfer.com, Brookfield Place, Suite 2700, 225 6 Ave SW, Calgary, AB T2P 1N2

For Employers :

• If you are located within Canada or outside of Canada, the Site is provided by HealthJobHub Ltd trading as Joberfer.com, Brookfield Place, Suite 2700, 225 6 Ave SW, Calgary, AB T2P 1N2

For Referrers :

• If you are located within Canada or outside of Canada, the Site is provided by HealthJobHub Ltd trading as Joberfer.com, Brookfield Place, Suite 2700, 225 6 Ave SW, Calgary, AB T2P 1N2

A. Terms of Service for Job Seekers

For purposes of this Section A of the Joberfer General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use Joberfer's Site and its content solely for non-commercial purposes.

1. Job Ads or Job Listings

Joberfer may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through Joberfer's search results or otherwise through the Site. Searching for Job Ads on Joberfer is free for Job Seekers. Joberfer displays Job Ads based on a combination of referral fees, date posted and relevance, such as search terms, and other information provided and activities conducted on Joberfer. While Joberfer may be compensated by employers who post Job Ads, for receiving qualified applicants on www.joberfer.com, helping keep Joberfer job search free for Job Seekers, all Job Ads are considered advertising. Job Ads are created and provided by third parties over whom Joberfer exercises no control; you acknowledge and understand that Joberfer has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although Joberfer endeavors not to make such Job Ads available on the Site. If you leave the Joberfer Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. All Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Joberfer has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that Joberfer has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Joberfer assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer or other user. When you initiate a job application on a Joberfer, Joberfer may collect certain information about you and any actions taken by you during your visit using automated means. The information collected includes, for example, information about job applications you submitted. Joberfer may provide independent functionality to assist you. For example, Joberfer may provide search options to help you narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Joberfer, and may not directly or accurately reflect the content of the Job Ads. Joberfer may reformat Job Listings so that you may read them more clearly on a mobile phone.

2. Profile

Your Joberfer Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your name, email, phone number, resume and any information that you choose to include. Information in your Joberfer Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers when you apply for jobs on Joberfer. Joberfer makes no guarantee that your profile or resume will be shown to any particular Employer or will be available to an Employer at any particular time.

3. Applying to Jobs Through Joberfer

Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions is subject to this Agreement and to Joberfer's Privacy Policy (all references on the Site to “Apply”, “Apply with Joberfer”, or any similar references mean applying to jobs through Joberfer). To maintain the quality of the Site and Services, Joberfer in its sole discretion may impose limits on your ability to apply to Job Listings or to other Joberfer services.

You acknowledge that prior to submitting an application through Joberfer, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, proof of qualifications, video etc), Joberfer does not have control over the Employer's use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. If you require alternative methods for applying, you must approach the Employer directly to request such an alternative method, as Joberfer is not responsible for the Employer application process. When you ask Joberfer to submit your application or other information, you are sending your resume, proof of qualifications, video and application information to Joberfer, and you are requesting and authorizing Joberfer to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to Joberfer's performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask Joberfer to transmit an application or store such application, you understand that this is without warranty, and that Joberfer reserves the right to reformat such application or message. Additionally, you consent to your application being processed and analyzed by Joberfer according to this Agreement and Joberfer's Privacy Policy.

You acknowledge and agree that Employers may request that Joberfer assemble your application materials, resume, proof of qualifications, answers to screener questions, and other information you provide to Joberfer into one document, and you agree that in doing so, Joberfer assembles these application materials on your behalf. When you apply to a job using Joberfer, Joberfer will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an email, an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their Joberfer accounts, including by connecting to and integrating with Application Programming Interface (“API”s) provided or used by Joberfer. By applying for a job through Joberfer, you agree to the Employer's use of such service providers, and acknowledge that such use may involve an intermediary's access to job applications sent to its Employer client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Joberfer also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. Joberfer depends on the Employer or the Employer's agent to provide Joberfer with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to Joberfer is incorrect, your application materials will not be sent to the intended recipient of the application. Further, Joberfer does not guarantee that the interface will be error-free. However, Joberfer may alert you when any of the above events occur.

Please note that Job Ads may expire between the time you submit your application and from the time it is received. Joberfer has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad's expiration, and Joberfer and its third party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by Joberfer on Joberfer's or third party providers' servers, do not use Joberfer and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through Joberfer. By using the Joberfer system, you fully consent to the above.

By using Joberfer, you agree that Joberfer is not responsible for the content of the Employer's job application, messages, screener questions or their format or method of delivery, and that Joberfer does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Joberfer does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws and regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property. Employers are responsible for offering alternative methods of screening, if so required by the appropriate laws and regulations of the state and country where the job is to be performed or any similar law. You must contact the Employer if you require alternative methods of screening. Joberfer does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Joberfer cannot make any guarantee regarding health and safety measures in an Employer's hiring or interviewing process. Joberfer recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Joberfer does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

By using Joberfer and answering screener questions, you acknowledge that Joberfer will send out an email to you if your answers do not match the answers sought by the Employer, and you acknowledge that Joberfer has no discretion in the transmission of these emails. These emails are automatically sent. The Employer subsequently may indicate to Joberfer their interest in your application and may contact you directly. You acknowledge and agree that Joberfer has no discretion in the sending of these emails, and that any such emails are solely a result of the Employer's answers required to the screener questions. Any interactions the Employer has directly with you are not visible to Joberfer. Joberfer assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any screening question notices. It is ultimately the Employer & your responsibility to schedule any interviews, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.

4. Job Referrals

Job referrals are recommendations which may be shared to you as a Job Seeker in various formats on and off the Site. For example, a Referrer may share a Job Ad with you via text message, email, word of mouth etc along with the Referrers unique referral code generated on www.joberfer.com in the Referrers account. Job referrals are provided to you on a beta basis and are subject to the Terms of Service for All Users. In order for Joberfer to fully track the referral, the Referrer's unique referral code must be recorded on the job application before submitting.

Joberfer may automatically send you referred jobs via the phone number or email address added by the Referrer or the email address you use to apply to a job or the email that is associated with your Joberfer account.

Referrers cannot refer themselves to apply for jobs on Joberfer.

Referrers can also be Applicants and vice versa.

5. Communications and Other Actions on the Site

When you view, send, store or receive communications or materials (including Job Listings, resumes, notifications, applications, questions and responses in applications, and any other information) on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites' rules and other Joberfer policies, content moderation, and to improve the Site or any other Joberfer product or service whether via automated means or otherwise. When an Employer views, sends, stores or receives communications or materials through or using the Site, Joberfer may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as viewing your application. Joberfer may inform the Employer about activities you take on the Site or your use of the Site, for example, when you apply to the Employers Job Ad and you hereby consent to Joberfer taking such actions. As part of this functionality, you may receive messages, including but not limited to, email notifications corresponding with your or an Employer's (in the event you applied for a job) activity on or use of the Site, or any other communications service, product, or feature provided on or through the Site. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. Joberfer disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Once an Employer has your contact info, you agree that Joberfer is not responsible or liable for the manner in which the Employer uses the info. If you have turned on browser push notifications and wish to turn them off, you may do so by visiting the settings on your browser.

You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with text messages, these words do not refer to the generation or storage of a phone number. Joberfer only sends messages to the number that you generated or stored when you provided your number to Joberfer. In the event you change your phone number, you agree to promptly update your Joberfer account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with Joberfer and that Joberfer may send you text messages in connection with that relationship.

Joberfer may also offer you the ability to utilize a text messaging relay service to share or refer Job Listings. This is not a text messaging subscription service. You further acknowledge and agree that Joberfer may use your Personal Data to submit your referral to the candidate you are sharing the Job Ad with and otherwise process your Personal Data in accordance with the Privacy Policy. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.

6. Virtual Communications

Employers may offer you the opportunity to participate in virtual and remote communications outside of Joberfer products. Joberfer does not offer Virtual Communications for Employers and Job Seekers. Joberfer is not liable for any claims arising out of your use of Virtual Interviews and you release Joberfer from any such claims. You understand and agree that you access and use virtual interviews at your own discretion and risk and that Joberfer disclaims all liability arising out of your use of virtual interviews.

7. Joberfer Assessments

Joberfer only provides tools for employers to ask screener questions as part of the job application. Joberfer does not offer Assessments. You agree that Joberfer is not responsible for offering alternative methods of screening, if so required by the applicable laws and regulations of the jurisdiction, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer.

8. Screening Tools

Joberfer may make screening tools available to Employers for Employer use in the application process, such as screener questions. Joberfer is licensing these tools for Employers' use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by Joberfer. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the appropriate laws and regulations. Screening tools, including screening questions are decided solely by the Employer. Whether a Job Seeker is qualified based on the screening tools does not guarantee a job or a job offer. Joberfer does not choose the screening tools, including screening questions for job listings and has no control over Employers' selection or use of the screening tools.

9. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the Province of Alberta, Canada.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in Canada or outside of Canada.

10. Class Action Waiver

By using the Site or any Program Elements and in return for the services offered by Joberfer, you acknowledge that Joberfer can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Referral program, you agree not to sue Joberfer as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Joberfer regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search on Joberfer and other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 9 above.

B. Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other's behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.

For purposes of this Section B of the Joberfer General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

1. Employer Accounts

When you create a Joberfer account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the Joberfer Ads Program or otherwise, you agree that this Agreement, the terms associated with any Joberfer service you are using, and all of Joberfer's policies, including the Privacy Policy, apply to you. As an Employer, your account is for business use and not for personal use. Joberfer is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a Joberfer account, you agree to receive mandatory email updates regarding anomalous activity to your Joberfer account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. Employers may request that Joberfer disable an account at any time by Contacting Us. Please note that Joberfer may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete their Personal Data held by Joberfer, they should Contact Us. You agree that upon registration of your account, you will automatically be registered to receive our automated subscription to Joberfer Newsletters and other such communications. By registering your account you agree to receiving such email distribution. Employers may request to unsubscribe from newsletters and other such communications by Contacting Us through the Contact Us Form on the Joberfer website.

If you are an Admin sharing your Joberfer login with other users from your organization, you represent to Joberfer that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Joberfer from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. When using a Shared Account, any users with access to certain Roles may have access to any or all account information, such as: communications and actions of all other users and applicants within the Shared Account, resume contacts, and billing information, and you consent to such access. When using a Shared Account, any users with access to certain Roles may also have the ability to purchase Joberfer products under your account, and you agree that you are responsible for the payment of all such purchases made. You acknowledge that any and all information about your activity in your Employer account, such as the actions you take and when you take them, will be visible to all Shared users. Shared Account users will not be able to see your activity, such as your job searches, applications or referrals or your Joberfer Profile information, in your Job Seeker account. Employer accounts and Job Seeker accounts on Joberfer are separate.

If your Joberfer employer account has a credit card on file to pay for one Joberfer product or service, Joberfer may charge that card for any additional products or services you order.

You agree that Joberfer may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. Joberfer cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Joberfer bears no responsibility for doing so. Joberfer makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

Joberfer may offer suggestions, recommendations, or information to users that may support or improve their experience on Joberfer Site. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws and whom you interview or hire. Joberfer assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Joberfer. Joberfer may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage; however Joberfer is not responsible for, and you are solely responsible for, compliance with minimum wage requirements and any and all applicable Employment Standards.

2. Employer Services Including Joberfer Site and Screener Questions

You also agree that, as a service to Job Seekers, Joberfer will send applications to the email address you provide us with. The answers to screener questions a Job Seeker submits are presented to you as part of the job application. Joberfer may assemble the candidate's application materials, resume, answers to screener questions, video and other information the candidate provides to Joberfer into one document. You further agree that Joberfer is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention or reporting requirements. By using these tools you consent to any information shared through Joberfer being processed and analyzed by Joberfer according to this Agreement and Joberfer's Privacy Policy. Joberfer may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your screener questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage any Job Listings that you post, and any messages that you send through Joberfer or otherwise, and agree that Joberfer is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers. You agree that Joberfer may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, Joberfer may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. Joberfer further does not guarantee delivery, your receipt of the Job Seeker's emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

In the event a message being sent is intended for a closed account, these messages will not be deliverable. Joberfer will attempt to send applications to the contact information provided to Joberfer by you, however, Joberfer has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Joberfer for any damages resulting therefrom.

When Job Seekers apply to your Job Listing, Joberfer may request that they provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether they have an arrest or conviction record (“demographic data ''). By using Joberfer, you agree that Joberfer may collect demographic data from Job Seekers applying to your Job Listing, and that Joberfer may use it to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. Joberfer disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.

When you use Joberfer for your Job Listings, you acknowledge and agree that Joberfer may add functions into the corresponding Joberfer emails. Joberfer may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker's resume. When you use screener questions, you are instructing Joberfer to send out emails if the Job Seeker has not answered the questions in the manner set forth in the online instruction. Such candidates will receive email notices and will be set to “not qualified” in your applicant dashboard. You further acknowledge that Joberfer has no discretion in the transmission or storage of these or all other email notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. You are responsible for ensuring that your screener questions are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property or any similar law.

The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, Joberfer does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to Joberfer is accurate. By using Joberfer, you acknowledge and agree that Joberfer is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that Joberfer does not act as your employment agency. You agree that Joberfer may take action to try to identify and reduce spam applications. Joberfer does not verify the identity of any Job Seekers who apply to your job listing, nor does Joberfer know a Job Seeker's motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker's qualifications or interest in your job listing. You agree that Joberfer is presented to you without warranty and Joberfer assumes no responsibility for the communications between you and the Job Seeker, which communications are your and the Job Seekers' sole responsibility. You shall indemnify, defend and hold harmless Joberfer, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Joberfer product, Joberfer reserves the right to suspend or terminate your use of that Joberfer product as well as any other Joberfer product, including but not limited to those Joberfer products where you do not have an unpaid invoice or account balance. Joberfer may elect to apply (i) penalties for late payment as per contemporaneous Bank of Canada interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Joberfer incurs collecting such late payments.

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Joberfer may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Joberfer product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, Joberfer may inform a Job Seeker that you have taken an action, for example, viewing the application and you hereby consent to Joberfer taking such actions.

You acknowledge that as part of its efforts to combat fraud and spam, Joberfer may require that users verify their email address or phone number including Job Seekers applying to your job. However, email & phone verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.

You further acknowledge that compliance with any governmental record-keeping requirements, including internet applicant record-keeping rule, is your sole responsibility.

3. Screening Tools

Joberfer may make available to you screening questions for your use for candidates who apply to your job. Joberfer is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Joberfer, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Joberfer. You agree you are solely responsible for the use of such screening tools in compliance with the law, such applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the appropriate laws and regulations of the jurisdiction or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers.

Joberfer shall direct Job Seekers who reach out to Joberfer with an accommodation request to you via the contact information you provided to Joberfer, and you are solely responsible for monitoring your inbox for such requests. You agree to indemnify Joberfer for any and all claims arising out of your use of a screening tool.

Joberfer has a feature that sends an automated message on the Employer's behalf to the Job Seeker informing them that they did not meet the requirements of the screening questions asked by the Employer. You agree to indemnify Joberfer from any claims arising therefrom. You further agree that Joberfer may notify Job Seekers about not meeting the requirements of the screening questions test.

4. Communication through Joberfer

You may receive messages, emails or email notifications corresponding with your or a Job Seeker's activity on or use of the Site, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. Joberfer disclaims all warranties with regards to the transmission or storage of courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Joberfer may hide contact information, such as phone numbers and email addresses of qualified applicants received by the Employer. For example, Joberfer may hide Job Seeker contact information from resumes or applications unitil the Employer makes payment for the qualified applicant received. Once a Job Seeker has your contact info, you agree that Joberfer is not responsible or liable for the manner in which they may use the info.

Specifically, if you post a Job Listing directly on Joberfer, applications are sent only to your Joberfer dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your Joberfer dashboard.

5. Company Pages

When you post a Job Ad directly on Joberfer, you understand that Joberfer may display publicly available information about your Company on the Company Page, in accordance with applicable law. Joberfer may include all of your Job Ads posted on the Site on your Company Page. You agree that you are solely responsible for any content you put on a Company Page, including photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.

6. Payment

As an Employer or other user who accessed the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, you agree to pay Joberfer the amount you set as a cost per qualified applicant fee at the time of creating your Job Posting on www.joberfer.com. You understand and agree that Joberfer will apply a service fee (calculated as a % of the cost per applicant fee you set) plus applicable tax to your invoice. You agree to pay Joberfer the amount you set as your cost per qualified applicant fee plus Joberfer service fee plus tax. YOU AGREE THAT ALL PAYMENTS ARE NON-REFUNDABLE.

You agree that an applicant is deemed qualified if they meet your preset screening questions. You understand that Joberfer in no way verifies the applicant information and any applicant that meets the screening test is deemed qualified as determined by you, the Employer, and your payment becomes due and payable to Joberfer immediately upon receiving the qualified applicant in your account on www.joberfer.com. Employers agree to make payment for every qualified applicant received in their Employer account within 7 days of receiving the qualified applicant in the employer account on www.joberfer.com.

7. Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Canada, Province of Alberta. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Canada. You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Joberfer. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service.

8. Class Action Waiver

By using the Site and in return for the services offered by Joberfer, you acknowledge that Joberfer can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Joberfer as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Joberfer regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 7 above.

9. Indemnification

You shall indemnify, defend and hold harmless Joberfer, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any Joberfer product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any Joberfer product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Joberfer as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of Joberfer products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any Joberfer product, program, or service.

C. Terms of Service for Referrers

The following Referrer Program Terms (“Referrer Terms”) apply to any Referrer that accesses, participates, or uses the Referral Program (“Referral Program”). For purposes of this Section C of the Joberfer Terms of Service, “You” or the “Referrer” means any entity identified in the Referral Program and/or any agency, individual, organization, or affiliated persons acting on its (or their) behalf, which shall be bound by these Terms of Service. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Referrers, you agree that the Terms of Service for Referrers will govern. For purposes of this Section C of the Joberfer General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Referrer.

1. Payments to Referrers

Referrers shall receive a referral payment with respect to confirmed qualified applicants tracked through the Referrers Unique Referral Code in relation to the referral of a confirmed qualified applicant. Referrals are tracked through the use of unique referral codes autogenerated by www.joberfer.com and stored in the Referrers account for use on joberfer.com. Referrers agree that it is their responsibility to provide their unique referral code to Applicant(s) and that Joberfer holds no responsibility or liability for payment when the Referrer's unique referral code is not used by the Applicant(s) when applying to the Job Ad on www.joberfer.com. In this case where no referral code is entered in the Job application the referral cannot and will not be tracked in the system hence no referral payment can be made.

THE REFERRER FURTHER ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE REFERRAL PAYMENT WILL BE DETERMINED SOLELY BY THE EMPLOYER FIRST MAKING PAYMENT FOR RECEIVING A QUALIFIED APPLICANT ON WWW.JOBERFER.COM AND IS SUBJECT TO THE APPLICANT INCLUDING THE UNIQUE REFERRAL CODE OF THE REFERRER IN THE JOB APPLICATION IN ORDER TO TRACK THE REFERRAL FEE PAYABLE IN THE REFERRERS ACCOUNT ON WWW.JOBERFER.COM.

Referrer also acknowledges and agree that any payment information that the Referrer provides to Joberfer may be shared by Joberfer with companies who work on Joberfer's behalf, such as payment processors, solely for the purposes of effecting payment to Referrer and servicing its account.

Joberfer shall not be obligated to pay for any artificial and/or fraudulent applicants received as determined by Joberfer or if the Referrer is in breach of these Referral Terms. In addition and not in limitation to the above, Referrer shall refund the referral fee paid to the Referrer, if caused by fraudulent applicants. All referral amounts may be subject to review of the referred Applicant, in Joberfer's sole discretion, and subject to change at any time.

If the Qualified Applicant referred is tracked in the system on Joberfer, referral fee payments are solely dependent on an Employer choosing to view your qualified referral. If the employer chooses to view the qualified applicant your referral fee earned will be automatically tracked in your wallet on joberfer.com. If the employer chooses not to view the qualified applicant then you will not earn a referral fee and you will not be paid a referral fee.

When the Employer views the qualified referral, the Referrer's wallet in the Referrer's account on Joberfer will be immediately and automatically updated with the referral fee amount advertised on the job posting which is displayed net of service fees. Joberfer tracks all activity and processes all payments. A Referrer cannot refer themselves to apply to a job on joberfer.com and will not get paid referral fees for referring themselves.

Joberfer shall not pay referral fees for any fraudulent applicants or if the Referrer is in breach of the Referral Terms.

2. Terms of Payment

Joberfer shall pay Referrer within thirty (30) days of the end of each calendar month; provided the amount owing to Referrer is at least one hundred CAD dollars ($100). If the amount owing to Referrer is less than $100, the balance will carry over to subsequent calendar months until such time that the month-end balance is at least one hundred CAD dollars ($100). Referrer is solely responsible for providing and maintaining accurate contact and payment information associated with Referrer Account. Joberfer may withhold any and all payment if Referrer is in breach of these Terms and Joberfer shall have no further liability to Referrer.

3. Termination

Either party may terminate these Terms and participation in the Referrer Program at any time for any or no reason with or without notice and without liability. If you wish to terminate agreement to these Terms, you may do so by stopping referring or sharing Job Ads from www.joberfer.com with your friends, family or network connections. You may also Contact Us using the contact us link on the website provided and expressly state that you wish to terminate your user account on www.joberfer.com. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, confidentiality, warranty disclaimers, indemnifications, and limitations of liability.

Upon termination of a Referrer from the Referral Program, for any reason and by either Party, the Referrer shall immediately stop sharing Job Ads from www.joberfer.com with their friends, family or network connections.

4. Confidentiality

Referrer shall not disclose Joberfer Confidential Information without Joberfer's prior written consent. “Joberfer Confidential Information” includes without limitation: (a) all Joberfer software, technology, programming, specifications, materials, guidelines and documentation relating to the Referral Program; and (b) any other information designated in writing by Joberfer as “Confidential” or an equivalent designation.

5. Indemnification

Referrer shall indemnify, defend and hold harmless Joberfer, its agents, affiliates, licensors, and partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of the Referral Program use, or breach of these Referral Program Terms.

6. Governing Law and Dispute Resolution

These Terms of Service for Referrers and any dispute arising out of or in connection with these Referrer Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Referrer Terms and this Agreement, by and under the laws of Alberta, Canada.You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site, the Referral Program, or these terms of service, if you are located in the United States.

7. Class Action Waiver

By using the Site or any products of Joberfer and in return for the services offered by Joberfer, Referrer acknowledges that Joberfer can only offer Referrer these services under the terms and conditions as presented herein. As partial consideration for Referrer's use of the Site and the Referral Program, Referrer agrees not to sue Joberfer as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Joberfer regarding Referrer's use of the Site or the Referral Program. Additionally, as a Referrer, the use of the Site and the Referral Program is at no charge and Referrer acknowledges that part of the price it is paying to use this Site and the Referral Program is its acceptance of these terms of service including this Class Action Waiver. If Referrer does not agree to any part of these terms, Referrer should not continue use of the Site, the Referral Program, or any products of Joberfer. Nothing in this paragraph, however, limits Referrer's rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 6 above.

D. Terms of Service for All Users

The following terms and conditions apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.

When you access or use the Site, you agree to the terms and conditions of this Agreement. You agree that Joberfer may perform the activities described in this Agreement, and you acknowledge that otherwise the Site cannot work as intended. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Site. You agree you have read and acknowledge Joberfer's Privacy Policy.

1. When You Use Our Site

Joberfer collects, records, processes, analyzes, and stores activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. You authorize Joberfer to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You acknowledge that the foregoing is necessary to the operation of the Site.

Occasionally, Joberfer tests improvements and updates to our Site and services, which may affect various aspects of the Site such as profiles, resumes, job search, recommendations, alerts, or formatting. You agree that Joberfer may conduct such tests without notice to you. Joberfer's services and their availability may differ by location, and you should check the Site in your location to see which services are available to you.

Joberfer may offer suggestions, recommendations, or information to users that may support or improve their experience on the Site. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. Joberfer assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Site.

2. User Content

Some parts of the Site allow users to post content or data such as Job Ads, resumes, information, text, images, audio, video, messages, and other materials. This functionality helps users find information about potential jobs, schools and certifications, employers and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to Joberfer, is called “User Content.” User Content includes Job Ads, Resumes, Proof of certification or license, text, images, audio, video and other information sent through Joberfer.

Joberfer is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. Joberfer does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that Joberfer has no obligation or liability with regard to publishing, monitoring, or removing User Content. Joberfer also has no obligation or liability regarding the accuracy of User Content which may be translated on our site through a Google Translate API.

If you provide User Content, it must comply with the Site Rules (below). Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Ads under this Agreement. Your User Content must not be harmful to anyone, especially minors. You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver's license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which Joberfer cannot be responsible.

Joberfer may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. If you believe that any User Content violates this Agreement or our policies, please contact Joberfer. However, detection methods are not perfect and false positives or false negatives may occur. Joberfer has no obligation to monitor any particular user or User Content, and Joberfer makes no guarantee that any particular User Content will be removed.

Joberfer reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Joberfer may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.

Joberfer is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. Joberfer has no obligation to include any User Content in any part of the Site (for example, Job Ads in search results). Whether any User Content violates any Joberfer policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on Joberfer, will always remain within the sole discretion of Joberfer. You agree that Joberfer has no liability or obligation to you or anyone else arising from its editorial decisions.

3. License to User Content and Feedback

When you provide User Content you grant Joberfer a license to use it. Specifically, you grant Joberfer a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Joberfer website or third party sites, maintaining or improving the Joberfer website, and promoting Joberfer and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with Joberfer's exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Joberfer's exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. Joberfer shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the Joberfer website. Joberfer reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.

Furthermore, you grant to Joberfer, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Joberfer marketing materials containing or incorporating such User Content, or (iii) any actions by Joberfer to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from Joberfer's exercise of its rights pursuant to the license granted hereunder.

You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and Joberfer's use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless Joberfer and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Joberfer to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. At your discretion, you may provide feedback or opinions about Joberfer or the Site, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). Joberfer is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to Joberfer, you hereby grant to Joberfer a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. Joberfer may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to Joberfer, or developed by its employees, or obtained from sources other than you.

4. Site Rules of Conduct

When using our Site and services, you agree to these Site Rules of Conduct and any other rules or policies posted on the Site. Breaking our rules of conduct is a material breach of this Agreement and an unauthorized use of the Site.

When using our Site, you agree that you will not directly or indirectly:

• Access the Site other than through the web or app interface publicly provided by Joberfer, or otherwise access systems without express authorization.
• Provide any false, fake, or fictitious information.
• Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the Site or any data, program, system, equipment or communication, or that would cause a violation of any applicable law.
• Access any data, especially personal data, without permission.
• Bypass any limitations or suspensions of functionality.
• Interfere with others' use of the Site.
• Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notices.

You agree that you will not use the Site to:

• Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.
• Provide false information.
• Transmit or store biometric information or biometric identifiers.
• Promote or encourage illegal activity.
• Promote pyramid schemes, multi-level marketing programs, jobs that require payment to start, or any topics we consider detrimental to our users.
• Send unsolicited commercial messages, or any other unlawful communications.
• Imitate or impersonate another person, or create false accounts.
• Send messages to users who have asked not to be contacted.
• Sell personal data.

We reserve the right to monitor all activity on the Site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in Joberfer's sole discretion. Joberfer may use data collected through the Site to make such a determination. Joberfer reserves the right to interact with users through the Site, including to investigate whether users are violating these Rules. Joberfer reserves the right to turn over any information gathered via such investigations to law enforcement or other third Parties.

You may not use or misappropriate the Site for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Site, except as expressly permitted by Joberfer beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of Joberfer's rules. You agree to comply with all applicable laws and regulations, including copyright laws and other laws regarding intellectual property.

Except as expressly approved by Joberfer, and subject to applicable laws, you may not use Joberfer for commercial activities and/or promotions such as contest, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation. You may not imply a Joberfer endorsement or partnership of any kind without the express written permission. You may not send messages in violation of the CAN-SPMA Act or any other applicable anti-spam laws.

5. Accessing External Sites

The Site links to other sites on the Internet which are owned and/or operated by third parties ("External Sites") over whom Joberfer exercises no control. Links to External Sites may be found in User Content available through Joberfer (for example, Resumes or Job Ads). Joberfer is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.

Your use of all such External Sites is at your own risk. When you are entering into an agreement with such parties, you are giving them your data and your rights, and their obligations are determined by their privacy policy and terms of service. If you choose to use the External Site and its services or products, you are contracting directly with the third-party website or service, and Joberfer is not a party to this contract. Further, you agree to fully indemnify and defend Joberfer for any claims arising out of your use of an external third-party service's services or product provided to you by a third-party service.

We do not monitor or have any control over and make no claim or representation regarding third-party websites. If you have any concerns regarding such links or the materials located on an External Site, you should contact the site administrator or webmaster for the applicable External Site. We may stop providing links to any third-party sites at any time for any or no reason.

6. Creating and Accessing Your Account

Some areas of the Site require you to register, provide and verify an email address and phone number, or create an account. You agree to provide information that is true, accurate, current, and complete. You may not create multiple accounts, or create accounts by automated means. If someone obtains unauthorized access to your account, they could contact users or take other actions through your account, and Joberfer's ability to respond is limited.

Joberfer may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. Joberfer cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Joberfer bears no responsibility for doing so. Joberfer makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

7. Your Contact Information

As part of the Services, Joberfer may contact you through your Joberfer account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to Joberfer or that Joberfer may otherwise obtain from third-party sources.

By providing Joberfer with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number.

You may also revoke your consent to receive text messages by terminating the Agreement through closing your Joberfer account. Joberfer cannot be responsible for third parties to whom you have provided your phone number.

8. Beta Release

Joberfer is currently in Beta test mode and may offer beta test products or features on our Site. These beta test products or features may be offered in limited quantities, in limited locations, and for limited time. Joberfer may discontinue or cancel all or part of a beta product or feature at any time without prior notice to you. The Beta Product or Feature is in Testing phase and provided on an “as is” and “as available” basis. A main purpose of this Beta test is to obtain feedback on the product performance, and as such Beta Products may contain defects. You are advised to safeguard important data, use caution, and not rely in any way on the correct functioning or performance of the Beta product or feature or accompanying materials.

9. Payment

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes specific to the paid Services. The currency in which you see the prices and the applicable taxes underlying the transaction will be represented in Canadian Dollars (CAD). Failure to pay these fees will result in the termination of your paid Services.

• As an Employer or other user who accessed the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, you agree to pay Joberfer the agreed amount per qualified applicants received. You agree to pay the cost per qualified applicant fee you set / outlined when setting up your Job Posting and understand and agree that Joberfer applies a service fee and tax to your final invoice. YOU AGREE THAT ALL PAYMENTS ARE NON-REFUNDABLE.
• You agree that an applicant is deemed qualified if they meet your preset screening questions. You understand that Joberfer in no way verifies the applicant information and any applicant that meets the screening qualification as set by you, the Employer, represents payment to Joberfer.

You agree that:

• Your credit card will be charged when you Pay to View each qualified applicant received at the time of receiving the qualified applicant and no later than 7 days after receiving the qualified applicant in your account on www.joberfer.com;
• You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights);
• We may calculate taxes payable by you based on the billing information that you provide us at the time of the purchase;
• Any credit card and related billing and payment information that you provide to Joberfer may be shared by Joberfer with companies who work on Joberfer's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Joberfer and servicing your account.
• Joberfer may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims.
• You can get a copy of your invoice through your account settings.

10. Cancellation

You can cancel your Job posting account at any time by contacting Joberfer Contact Us. You acknowledge and agree that your Job Posting account will be canceled at the end of the current billing cycle. You understand that you will not receive a refund for any qualified applicants that have applied to your Job Posting and to the extent that you have not paid the applicable fees, you will remain liable to pay Joberfer the entire fees due as applicable. After the cancellation, any data associated with the account such as job postings will be removed, and you will not be able to access it.

11. Children and Minors

Joberfer does not knowingly collect Personal Data from children under the age of thirteen and in circumstances where we learn that we have collected personal information from a child under age thirteen, we will delete such information as quickly as possible. If you are aware that a child under the age of thirteen may have provided us personal information, please Contact Us. Joberfer requires that all users are at least eighteen years old, and by using the Site, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and/or purchase the goods and/or services through Joberfer.

In compliance with applicable law, we decline any responsibility regarding any activity which may be conducted by minors on the Site.

12. Disclaimer of Warranties

The Site may become unavailable in whole or in part at any time without notice. The Site may rely on third parties to provide services to Joberfer, such as data hosting or processing vendors, and the Site could unexpectedly malfunction or become unavailable as a result.

To the fullest extent permitted by law, Joberfer disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Joberfer search results (including Jobs Listings) or otherwise made available on the Site by Joberfer or third parties (including User Content), regardless of whether paid for or used for free. Joberfer disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Joberfer for informational purposes only, including but not limited to, Joberfer Analytics data like estimated applies or organic traffic, and salary information, or information that may come from a third party. You acknowledge you are not paying Joberfer for the aforementioned information. Joberfer disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Joberfer does not guarantee that the Site will always be error free, safe, or secure. Joberfer further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Joberfer be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Joberfer be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Joberfer's Site.

Joberfer further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Joberfer as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person's computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Joberfer be responsible for any loss or damage to any content or personal injury or death, resulting from anyone's use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

Joberfer reserves the right to limit or terminate any and all Services and/or access to the Site in specific regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, or civil disorder. Without limiting the foregoing, under no circumstances shall Joberfer or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics or pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of Joberfer.

THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE JOBERFER AND THE SITE AT YOUR OWN RISK. JOBERFER AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBERFER AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBERFER AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY JOBERFER. JOBERFER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL JOBERFER OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON'S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE USER'S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF JOBERFER OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF JOBERFER AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID JOBERFER TO USE THE SITE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, JOBERFER DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, JOBERFER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF JOBERFER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Claims of Infringement

U.S. Copyright Infringement. 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 USA & Canadian copyright law. If you believe in good faith that materials hosted by Joberfer 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 as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (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 Joberfer to locate the material on the site; (d) the name, address, telephone number, and email 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 Joberfer 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. Also, be aware that there are penalties for false claims under the DMCA. Other Claims of Infringement. For claims of infringement that do not involve a Canadian copyright, please contact us via our Site contact form.

15. Reservation of Rights

You understand and acknowledge that Joberfer or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Joberfer reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Joberfer's proprietary rights in them.

16. Miscellaneous

This Agreement constitutes the entire agreement between you and Joberfer, and supersedes and replaces all prior or contemporaneous representations, understandings, and agreements, written or oral. If the Job Seeker Terms, Employer Terms, or Referrer Terms apply to your use of the Site, those terms shall control in the event of an inconsistency or conflict with these Terms of Service for All Users.

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be unenforceable, it shall be reformed to the extent necessary in order for this Agreement to remain in effect.

This Agreement cannot be modified or amended, except by a document signed by an authorized representative of each party. Written or phone communication between you and a Joberfer employee is not a modification or amendment of this Agreement.

Any notices to Joberfer must be sent to the applicable Joberfer entity identified above Notice to you may be effected by sending email to the email address specified in your account, and is deemed received when sent by email.

You may not assign or delegate any of your rights or obligations hereunder without Joberfer's prior written consent, and any such attempt is void. Joberfer may freely assign or delegate its rights and obligations hereunder without notice to you. Joberfer and you are not in a legal partnership, agency relationship, or employment relationship. When Joberfer provides the Site or any related services to you, it is solely as an information service provider.

Except as otherwise agreed to in writing, nothing in the terms should be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationships between us and third parties. Any references to such third parties as “partner” does not indicate that such Party has any authority to bind us to any agreements or representations on our behalf without our prior written consent. “Including” means “including without limitation.”

17. Governing Law and Dispute Resolution

This Agreement shall be construed and interpreted in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein and shall be treated in all respects as an Alberta contract, without reference to principles of conflict of law.

Wherever the right to a trial by jury may be waived, you also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service.

18. Class Action Waiver

By using the Site and in return for the services offered by Joberfer, you acknowledge that Joberfer can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, where permitted by law, you agree not to sue Joberfer as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Joberfer regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.

19. Arbitration Agreement

If you reside in Canada, subject to the Exceptions to Arbitration set forth below, you and Joberfer each agree that any and all disputes between you and Joberfer arising from or related to these Terms must be resolved through binding arbitration as described in this section.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THE RIGHTS OF THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF JOBERFER'S SERVICES AND WEBSITE.

Wherever permitted by law, you (on your behalf and on behalf of anyone who uses your account) agree to resolve all disputes with or involving Joberfer by final and binding arbitration of all claims before the Canadian Arbitration Association, except dispute within the jurisdiction of the applicable small claims court, disputes involving Joberfer's intellectual property rights, or disputes required to be excluded from arbitration by applicable law. You also agree that the arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or the validity of the arbitration agreement. Further, you agree that: (a) Federal Arbitration Act governs; (b) THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF JOBERFER; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JOBERFER HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration Terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void.

20. Severance

If any provision of these terms is found unenforceable, the unenforceable provision shall be severed, and the remaining terms shall be enforced.

21. Termination

These Terms remain in effect while you use Joberfer and, for registered users, as long as your account remains open. You may delete your account at any time by contacting us through the Contact Us form on the site. We may suspend or terminate your account or your access to parts of Joberfer, for any reasonable motives. We will have no liability whatsoever to you for any deletion of your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Joberfer. For the avoidance of doubt, you agree that these Terms apply to your use of Joberfer and any Content posted on Joberfer at any time prior to the termination or expiration of these Terms.

22. Changes in Terms of Service

Joberfer's terms of service may change in the future, at Joberfer's discretion. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site.

23. Contact

Please contact us through the Contact Us Form on Joberfer.com. If you have any questions or to make any complaint in relation to your data or Joberfer's Terms of Service please use the Contact Us Form on www.joberfer.com.