Hello and welcome to ClearFit website and the ClearFit family of websites described on the last page of these Terms (collectively, the “Site”). These Terms apply to everyone who visits the Site, and explain what you can do, what we can do, and what happens if one of us doesn’t follow the Terms. We encourage you to read our Terms and be sure that you are using our Site appropriately. Please read the following carefully.
The following terms and conditions (“Terms”) apply to all visitors and users of the Site, which is owned and operated by ClearFit Inc. (“ClearFit”). By accessing the Site, and/or by using any of the various services available through the Site (“Services”), you indicate your acknowledgment and acceptance of these Terms. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF SITE THROUGH YOUR CONTINUED USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS SITE OR THE SERVICES. Please note that the Terms and any other policies or guidelines governing the Site and the Services are subject to change by ClearFit at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site and the Services will be subject to the most current version of the Terms posted on the Site at the time of such use. Your continued use of this Site and the Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Site and the Services. You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Site or the Services at any time, including the availability of any Site or Services features, content, functionality or aspect in our sole discretion without notice to you.
We may at times require that you register and/or set up an account to use certain portions of the Site, the Site as a whole, or the Services. For example, you must be registered user of the Site if (i) you are an employer who wants to use the employer services available through the employer interface (“Employers”); or (i) you are a candidate who wishes to use the applicant services, complete assessments, post resumes, access job boards, etc. (“Candidates”). Visitors who merely browse the Site are not currently required to register. (In these Terms, “Employers”, “Candidates”, and “Visitors” are, collectively, “Users”). In order to register, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to personal information, depending on the kinds of Services that you choose to obtain from the Site (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by sending the corrected Registration Information to us at: info@clearfit.com or by using the appropriate update mechanism on the Site, if available. If ClearFit believes that the Registration Information you provide is not correct, current, or complete, ClearFit reserves the right to refuse you access to this Site or the Services, and to terminate or suspend your access at any time. However, ClearFit has no obligation to verify the accuracy, currency, completeness, or usefulness of any Registration Information that you have provided to the Site.
If you register and/or set up an account on the Site to use Services, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available, or notify us as described in our Privacy Policy.
The Site contains documents (including templates, tip-sheets, resources, checklists, guidance documents, sample questionnaires), text, graphics, photos, software, tools, logos, icons and other materials (“Site Content”) furnished by ClearFit that is owned by ClearFit. The Site may also contain documents, text, graphics, photos, software, tools, logos, icons and other materials (“Third Party Content”) that is owned or provided by persons and entities other than ClearFit (“Third Party Providers”)(the “Site Content”) and the “Third Party Content” are collectively, “Content”). ClearFit makes no representations or warranties regarding such Content. Inclusion of information or materials from third parties on this Site does not mean, unless expressly stated otherwise, that ClearFit endorses or agrees with such information or materials. You understand that you have no proprietary rights in the Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. Unless otherwise expressly provided elsewhere on the Site regarding particular Content, you may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, except for personal or internal business use, without the prior written consent of ClearFit or the Third Party Providers. ClearFit grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and download Content from the Site and you may use such Content solely for your internal personal or internal business use only, provided you keep intact all copyright and other proprietary notices contained in the Content. The Content, its organization, design, compilation, advertising and all other material on the Site, including without limitation, the “look and feel” of this Site and the Services, is protected under applicable Canadian, United States, and international copyright and other proprietary (including but not limited to intellectual property) laws and regulations and is the property of ClearFit and our Third Party Providers. The Site is a copyrighted work of ClearFit and we reserve all rights in and to the Site and the Services. The copying, scraping, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such Content or any part of the Site or the Services is strictly prohibited. Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site, the Services or otherwise.
This Site contains hyperlinks to other sites that are not maintained by, or related to, ClearFit, including various job boards. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by ClearFit of, any affiliation with or endorsement by the owner of the linked site. ClearFit has no control over such third party sites. ClearFit is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site. ClearFit does not assume responsibility for the accuracy, completeness, accessibility and usefulness of the information, data, opinions, advice or statements contained at such sites and your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk. ClearFit accepts no liability for any direct, indirect, incidental, exemplary, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such information, content, goods or services available on or through any such linked website. You also understand and agree that the Site’s Privacy Policy is applicable only while you are using the Site. Once you are linked to another website, you should read the privacy statement of that website before disclosing any personal information in connection with the use of that website or its services.
ClearFit expects that all Users will access and use the Site and the Services in a respectful and responsible manner in accordance with applicable laws. Users may have the opportunity to post to the blogs located on the Site or otherwise engage in dialogue with representatives of ClearFit (including hiring coaches) and other Users of the Site through the Site. Employers may use the Services to post jobs and seek Candidates. Candidates may use the Services to communicate with Employers. ClearFit welcomes your content, job postings, messages, remarks, ideas, commentary, reviews and other information communicated to ClearFit and other Users through this Site and the Services (collectively, a “Submission”). Of course, you are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading ClearFit or other Members as to your identity when you are on the Site, using the Services or otherwise communicating with ClearFit. ClearFit may also refuse to grant you an ID or user name if such ID/user name is protected by trademark or other intellectual property laws or is unlawful or offensive, as determined by us in our sole discretion. You further agree that you will use this Site and the Services for lawful purposes only and represent and warrant that you will not use the Site or the Services to:
Any breach of the above representations, covenants and warranties may result in termination of your use of the Site and the Services, and, if appropriate, referral to relevant law enforcement authorities. ClearFit reserves the right, but has no obligation, to monitor Submissions. However, ClearFit does reserve the right to delete, remove, refuse to display, or block any Submissions or material that in its sole opinion, violates or is alleged to violate, any applicable laws or ClearFit policies or otherwise considers to be unacceptable. Additionally, by submitting or entering any Submission to the Site, you hereby grant to ClearFit a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to ClearFit by you through this Site or the Services (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. ClearFit will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind. You further agree that ClearFit may disclose your Submissions to a third party if ClearFit believes that it is necessary to (i) protect the integrity of the Site; (ii) protect the rights of ClearFit; (iii) comply with any court order or legal proceeding; (iv) assert ClearFit’s rights under these Terms; or (v) satisfy any claims regarding violations of third party rights.
Please click here to read and review ClearFit’s Privacy Policy, which describes the Site’s privacy policies and practices in detail, as such statement may be amended from time to time by ClearFit. ClearFit advises you to check the Privacy Policy on a frequent basis for changes. ClearFit will treat any personal information that you submit through this Site and the Services in accordance with its Privacy Policy. You hereby consent to the use of your personal information by the Site and/or its Third Party Providers in accordance with the terms and for the limited purposes set forth in the Privacy Policy. By agreeing to these Terms, you acknowledge and agree that certain information about you is subject to ClearFit’s Privacy Policy.
Except as described above, everything on the site, including the content, the services and all submissions, is provided “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. Clearfit expressly disclaims all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade. You are solely responsible for any resulting damage to your computer system or loss of data that may arise from your use of the site, services and content. Clearfit makes no representations, warranties or conditions regarding the completeness, accuracy, availability or appropriateness of the site, the services, or the content or their usefulness for your purposes. For greater clarity, clearfit does not represent or warrant that (I) the content contained in this site or the services will be uninterrupted, reliable, accurate, complete, suitable, valid, truthful, error-free or will meet your requirements in any way; (ii) any defects in the content will be corrected, or that this site, the services or the server that makes it available are free of viruses or other harmful components; (iii) the use of the content, the services and the site will be timely, secure, or error-free; (iv) the results that may be obtained from your use of the content, the site or the services obtained through the site will be accurate, beneficial or reliable; or (v) the quality of any content obtained by you through your use of the site will meet your expectations. The content may include technical inaccuracies or typographical errors, and clearfit may make changes or improvements at any time. In no event shall clearfit, its directors, officers, employees, affiliates, third party providers, agents or advisors be liable to you or any other person or entity for any direct, indirect, exemplary, incidental, consequential or punitive damages, including lost profits, loss of income, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic loss arising from: (I) your use or inability to use the site, the services or the content obtained through the site or any site to which you hyperlink from the site; (ii) any third party claims that the use by you of the content, the services or the site violates any third party intellectual property right or privacy right; (iii) any failure of performance of the site, the services or the content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (iv) any damages arising from communications or transactions with other users of the site, or persons that you meet through the site or (v) any other matters relating to this site, the services, any submissions or the content, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not such clearfit had any knowledge, actual or constructive, that you might incur such damages. Candidates further understand and agree that clearfit (I) does not warrant that you will receive any employment or job offers through the site; and (ii) shall not be responsible for any employment offers, employment screenings, hiring decisions, or any actual employment opportunities presented by employers. Candidates must use their own judgment, caution, and common sense in evaluating and/or acting upon any job opportunities available through this site or any linked site. Clearfit expressly disclaims any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights and in such event, clearfit’s aggregate liability to you for any damages shall not exceed $us1000.00.
You agree at all times to indemnify, defend and hold harmless ClearFit, its parents, subsidiaries, affiliates, officers, directors, agents, employees, contractors, licensors, Third Party Providers, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgments, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, the Services, the Content or from Submissions that you post to, submit or transmit through the Site or from your violation of these Terms.
The ClearFit family of websites includes but is not limited to the following sites: https://smoothhiring.com http://ctwelland.clearfit.com http://jobs.clearfit.com Last updated: April 11, 2016
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