You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use FlexHub in any manner. By visiting FlexHub or accepting these Terms, you represent and warrant to FlexHub that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to FlexHub that you will use FlexHub in a manner consistent with any and all applicable laws and regulations.
2. Use of FlexHub Content
FlexHub authorizes you to view and access a single copy of the content available on or from FlexHub solely for your personal use. The contents of FlexHub, such as text, graphics, images, logos, button icons, software and other FlexHub content, are protected under both Canadian and foreign copyright, trademark and other laws. You agree not to sell or modify the FlexHub Content or reproduce, display, publicly perform, distribute, or otherwise use the FlexHub Content in any way for any public or commercial purpose, in connection with products or services that are not those of FlexHub, in any other manner that is likely to cause confusion among consumers, that disparages or discredits FlexHub or its licensors, that dilutes the strength of FlexHub', or that otherwise infringes FlexHub' intellectual property rights. You further agree to in no other way misuse FlexHub Content that appears on this Site. The use of the FlexHub Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that FlexHub creates to generate or display any FlexHub Content or the pages making up any FlexHub Site is also protected by FlexHub' copyright and you may not copy or adapt such code.
3. FlexHub Site Restrictions
Any employer may request an invitation to FlexHub, however invitations to use FlexHub hiring and recruiting services will only be extended to those who FlexHub deems a good match for its platform (such as must be a legitimate employer, recruiter, or hiring agency hiring for high quality professional jobs which align well with the interests of their candidate pool). The decision to invite an employer to have a hosted employer account is made at FlexHub's sole discretion.
Users may not use FlexHub in order to transmit, post, distribute, store or destroy material, including without limitation, FlexHub Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any FlexHub Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any FlexHub Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. FlexHub will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
4. Specific Prohibited Uses
The profile and resume database ("FlexHub Jobs Database") and other features of FlexHub may be used only for lawful purposes by employees seeking employers. FlexHub Profiles may be used only for lawful purposes by individuals to network for professional purposes with other individuals.
FlexHub specifically prohibits any other use of FlexHub, and all Users agree not to do any of the following: (a) post jobs or content on any FlexHub Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (b) post jobs for modeling or talent or talent scouting positions on any FlexHub Site; (c) use any FlexHub Resume Database for any purpose other than as an employer seeking employees, (d) post or submit to FlexHub any incomplete, false or inaccurate biographical information or information which is not your own; (e) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of FlexHub; (f) delete or revise any material posted by any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on any FlexHub Site's infrastructure; or (h) aggregate, copy or duplicate in any manner any of the FlexHub Content or information available from FlexHub, without express written consent from FlexHub.
FlexHub does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us.
5. Registration Information
When you register with FlexHub, you will be asked to create a FlexHub Account and provide FlexHub with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with FlexHub' Privacy Policies.
FlexHub reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by FlexHub or by third parties.
You understand and acknowledge that you have no ownership rights in your FlexHub Account, and that if you cancel your FlexHub Account, all your account information from FlexHub will be marked as deleted in FlexHub' databases and will be removed from any public area of the FlexHub site. Information may continue to be available for some period of time because of delays in propagating such deletion through FlexHub' web servers. In addition, third parties may retain cached copies of your Information.
6. User Content and Submissions
You are solely responsible for your FlexHub Account information, employer account information or job postings, Profile, content, messages, audio, video, photos, text, images, compilations or other information ("User Content") that you post on FlexHub or transmit to other Users. You agree that in submitting User Content or otherwise using any FlexHub Site that you will not impersonate any person, or submit any materials to FlexHub that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
FlexHub acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, FlexHub may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of FlexHub. FlexHub reserves the right to expel Users and prevent their further access to FlexHub and/or use of FlexHub services for violating the Terms or applicable laws, rules or regulations. FlexHub may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for FlexHub, damage FlexHub' brand or public image, or cause FlexHub to lose (in whole or in part) the services of its ISPs or other suppliers.
FlexHub does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, FlexHub may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. FlexHub has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding your experience with our site. Please be advised that by submitting any comments, feedback, testimonials, or success stories you are granting FlexHub permission to use your comments, feedback, testimonials, or success stories (collectively the "Feedback") for marketing purposes, unless during the original submission you explicitly state that you do not grant that permission. FlexHub shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
We appreciate hearing from our Users and welcome your comments regarding our services and site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of FlexHub. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. FlexHub shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
7. Username and Password
You are responsible for maintaining the confidentiality of your account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your FlexHub registrations and passwords, whether or not authorized by you. You agree to immediately notify FlexHub of any unauthorized use of your account, profile, or passwords.
You can cancel your subscription at any time, effective immediately or set to expire at the end of your current paid subscription, from the Account Information section of your FlexHub account. By cancelling your subscription your account and all related information will be removed from our website. Information may continue to be available for some period of time because of delays in propagating such deletion through FlexHub' web servers. In addition, third parties may retain cached copies of your Information.
9. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
FlexHub and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of FlexHub, you agree not to use FlexHub to infringe the intellectual property rights of others in any way. We will terminate the accounts of any FlexHub Users, and block access to FlexHub of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
10. FlexHub' Liability
If an employer receives an invitation and then chooses to become an approved employer so that they can use FlexHub' full platform, employers submit flexible job openings to be posted by our staff to FlexHub. Every job will be reviewed to ensure it meets the quality and relevancy criteria, and FlexHub reserves the right to reject job postings using our sole discretion. Additionally, FlexHub is used by candidates to apply to jobs. FlexHub is not to be considered an employer, a headhunter, a staffing agency, or similar with respect to the use of our site. Accordingly, FlexHub shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on our site. While we take extensive efforts to screen and censor the listings offered in the interest of preventing scams, abuse, and/or illegal activity, we are not responsible for the actual interactions or negotiations between potential employers and candidates, nor for confirming or controlling the quality, accuracy, or legality of information provided by users on the website.
FlexHub may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for FlexHub, damage FlexHub' brand or public image, or cause FlexHub to lose (in whole or in part) the services of its ISPs or other suppliers. While FlexHub reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from FlexHub from time to time, FlexHub does not assume any obligation to do so and disclaims any liability for failing to take any such action.
Because User authentication on the Internet is difficult, FlexHub cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on FlexHub, in the event that you have a dispute with one or more Users, you release FlexHub (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
FlexHub may contain inaccuracies or typographical errors. FlexHub makes no representations about the accuracy, reliability, completeness, or timeliness of any FlexHub Content. The use of all FlexHub Content is at your own risk. Changes are periodically made to FlexHub and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on FlexHub. Employers are solely responsible for their postings on FlexHub. FlexHub is not to be considered to be an employer with respect to your use of FlexHub and FlexHub shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any FlexHub Site.
FlexHub cannot guarantee and does not promise any specific results from the use of FlexHub. No advice or information, whether oral or written, obtained by a User from FlexHub shall create any warranty not expressly stated herein.
11. Disclaimer of Warranty
FLEXHUB DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY FLEXHUB SITE IS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FLEXHUB IS NOT RESPONSIBLE FOR THOSE COSTS. THE FLEXHUB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FLEXHUB, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLEXHUB MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE FLEXHUB CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages. IN NO EVENT SHALL FLEXHUB , ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY FLEXHUB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY FLEXHUB SITE AND THE FLEXHUB CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLEXHUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability
FLEXHUB' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FLEXHUB SITE OR YOUR USE OF THE FLEXHUB CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $50.
13. Links to Other Sites
FlexHub provides access to third party content and links. You understand and agree that we're only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy or obscenity. FlexHub is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your risk.
You agree to defend, indemnify, and hold harmless FlexHub, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any User Content or other material you provide to any FlexHub Site, your use of any FlexHub Content, or your breach of the terms of these Terms. FlexHub shall provide notice to you promptly of any such claim, suit, or proceeding.
15. Term and Termination
These Terms will remain in full force and effect while you are a User of FlexHub at any level. FlexHub reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from FlexHub and immediate termination of your registration with or ability to access FlexHub and the other FlexHub Sites and/or any other services provided to you by FlexHub, upon any breach by you of these Terms or if FlexHub is unable to verify or authenticate any information you submit to FlexHub or pursuant to other FlexHub Site registration. Even after you are no longer a User of FlexHub, certain provisions of these Terms will remain in effect.
These Terms constitute a binding agreement between you and FlexHub, and is accepted by you upon your use of FlexHub.