PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY PRIOR TO USING THIS WEB SITE. IF YOU DO NOT ACCEPT THE TERMS OF USE SET OUT BELOW, PLEASE DO NOT USE THIS WEB SITE OR ANY SERVICES OFFERED BY ClearFit. BY ACCESSING, BROWSING, BUYING FROM, TRANSACTING WITH OR OTHERWISE USING THIS WEB SITE YOU ACKNOWLEDGE THAT YOU HAVE FULLY UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEB SITE. WE SUGGEST THAT YOU PRINT AND KEEP A COPY OF THESE TERMS OF USE FOR YOUR RECORDS. ClearFit WILL HAVE THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY, ADD OR REMOVE ANY TERMS SET OUT IN THESE TERMS OF USE, AND ANY OTHER POLICIES OR GUIDELINES GOVERNING THE WEB SITE, WITHOUT NOTICE OR LIABILITY TO YOU. ANY CHANGES TO THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY FOLLOWING THE POSTING OF SUCH CHANGES ON THE WEB SITE. YOU AGREE TO REVIEW THESE TERMS OF USE FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT USE BY YOU OF THE WEB SITE FOLLOWING CHANGES TO THESE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, YOU AGREE TO IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE.
Defined terms
In these Terms of Use, the following terms will have the meanings set out below:
"Employer" refers to a person, corporation or other entity that has registered with ClearFit as an Employer in order to post job opportunities and to recruit individuals through the ClearFit Program;
"Member" refers to an individual or employer who has registered with ClearFit as a Member in the ClearFit Program and whose registration has not expired or been cancelled or terminated;
"Membership" refers to the rights and privileges provided to registered Individual Members and Employer Members of ClearFit;
"we", "us", "our" and "ClearFit" refer to ClearFit, Inc.;
"Web Site" refers to the ClearFit.com site and any other sites owned by ClearFit, Inc., on the world wide web; and
"you", "your" and "user" refers, as the context requires, to all Members, Employers, individuals, corporations and any other entities who may access the Web Site for any reason from time to time;
Services and Web Site
ClearFit provides a career survey and job matching service, that matches Individual Members with the most suitable jobs at Employers and Employers with the most suitable Individual Members for prospective employment purposes, together with related services offered through the Web Site (collectively, the "Services"). All individuals who register as Members with ClearFit, are representing and warranting that they are over eighteen (18) years of age. In addition, when you register as a Member or Employer with ClearFit , you are representing and warranting that you are lawfully entitled to use the Services. Once your Membership with ClearFit is confirmed, you will be provided with a User Name and Password which will enable you to access the Services on the Web Site.
Please note that you are not permitted to transfer your Membership or share your Membership with anyone. For your own security, you should never disclose your password to any third parties.
Privacy Issues
Your privacy is very important to us. By accepting these Terms of Use, you are expressly consenting to certain disclosure of certain Personal Information as discussed below and as outlined in ClearFit's privacy statement titled: "Your Privacy."
By registering as an Individual Member or Employer, you obtain the right to access the Services and such other information or services as ClearFit may, in its sole discretion, establish from time to time. You agree that ClearFit may charge for certain features of your membership and/or additional premium services which may be offered in the future and that you will be responsible for all charges (including any tax thereon) for any such additional services if you choose to use them. You will be notified of any changes to either the Services or the terms of your membership and given the option to continue to use the Services or to cancel your membership.
ClearFit will process payments from employers for services and employer membership using employers’ credit cards. If ClearFit is unable to process payment from an employer’s credit card account, ClearFit will unfortunately, suspend the employer’s account and limit employer’s access to the Web Site until ClearFit is provided with details of a valid credit card account. Employers will still be liable for any outstanding payments that could not be met when their account was suspended. All information related to users payment for use of ClearFit including without limitation your account information will, of course, form part of your Personal Information (as defined below) covered by our Privacy Policy.
When you register as an Individual Member with ClearFit, in addition to the results of your ClearFit Survey (if you choose to complete a survey), you will be asked to provide certain information including, without limitation, your name, address, some general work history, background information and a valid email address (your "Personally Identifiable Information"). Pursuant to the terms and conditions set forth in our Privacy Policy, ClearFit will not disclose your Personally Identifiable Information to third parties unless you have given your formal written or verbal consent. However, it is understood, without your formal consent third parties may only have access to aggregated database information from ClearFit users that will not identify your Personally Identifiable Information. You also agree that (i) if you refer users to ClearFit, your name may appear in their registration profile and (ii) if you are referred by a Member such Member may be able to know whether you have become a Member. ClearFit reserves the right to offer third party services and products to you based on the preferences that you identify in your membership registration and at any time thereafter; such offers may be made by ClearFit or by third parties. For further details regarding the treatment of your Personally Identifiable Information please see our Privacy Policy, which forms part of these Terms of Use. Information you enter as part of your registration – other than your Personal Information – may be compared to the information of other users, however you will always be in control of your Personally Identifiable Information. All information compiled and generated would be aggregate information and will not identify anyone personally, without their prior consent. For further details regarding the treatment of your Personal Information please see our Privacy Policy, which forms part of these Terms of Use.
The contents of the Web Site, such as text, graphics, images, logos, button icons, software and other material including without limitation compilations, surveys, comparison reports or other data aggregation conducted on the Web Site (collectively, the "Content"), are protected under United States, Canadian and international copyright, trademark and other laws. The Content is solely for personal non-commercial use. All Content is the property of ClearFit , its content suppliers or clients. The collection, arrangement and assembly of all Content on the Web Site is the exclusive property of ClearFit and protected by United States, Canadian and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
You are prohibited from copying or adapting the HTML code that ClearFit creates to generate the pages comprising the Web Site. This HTML code is also protected by copyright.
Rules of Conduct for Users of ClearFit.com
The following uses of the Web Site are specifically prohibited, and all users agree not to use the Web Site, for any of the following:
(a) Posting, transmitting or distributing any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (i.e. a living individual seeking employment on a full-time or part-time basis on his or her own behalf);
(b) Posting, transmitting, distributing or offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
(c) Sell access to or the use of the Web Site, including any content contained on, downloaded or accessed from the Web Site
(d) Deleting or revising any material posted by any other person or entity;
(e) If you have a User Name and Password allowing access to a non-public area of this Web Site, disclosing to or sharing your Password with any third parties or using your User Name and/or Password for any unauthorized purpose;
(f) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site or disrupting, placing unreasonable burdens or excessive loads on, interfering with or attempting to gain unauthorized access to any portion of the Web Site, our computer systems, servers or networks, or the passwords of other users;
As a user of the Web Site, you are responsible for your own communications as well as the consequences of the posting of any information. You acknowledge that any reliance by you on material or information that is posted by other Users will be at your own risk.
ClearFit has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material or information posted, transmitted or distributed by users. If we are notified by a user of communications or information which allegedly do not conform to these Terms of Use, we may, in our sole discretion, investigate the allegation and determine in good faith and in our sole discretion whether to remove, or request the removal of, the subject communication or information. ClearFit has no liability or responsibility to Users for the performance or nonperformance of such activities.
ClearFit reserves the right to expel Individual Members or Employers, or other users, and prevent their further access to the Web Site for violating the Terms of Use or the provisions of applicable laws. We also reserve the right to remove any communications, postings or information which are abusive, illegal, or disruptive. If circumstances warrant, Users involved in such violations may also be subject to criminal or civil prosecution. ClearFit may take any action with respect to User-submitted information that we deem necessary or appropriate in our sole discretion if we believe that such information may create liability for ClearFit or may cause the loss or cancellation (in whole or in part) of the services provided by ClearFit 's Internet Service Provider or other suppliers.
Employer Content Policies
ClearFit has strict employer content policies it adheres to. All ‘new’ job postings go through an editorial process to ensure that they meet our employer content guidelines. If content does not met our guidelines, we do not post it. For example, we do not permit:
(a) Adult-oriented advertising (strip clubs, brothels, internet models)
(b) Business opportunity or work from home advertising (anything with an investment)
(c) Jobs that involve illegal activities
(d) Mystery shoppers
(e) Barter or volunteer positions
(f) Deferred pay positions
Web Site Security
You are not permitted to and by your acceptance of these terms and conditions through your use of the Web Site you agree not to:
(a) post, transmit or distribute unsolicited advertisements or solicitations of business, chain letters or pyramid schemes;
(b) impersonate another person;
(c) post, transmit or distribute any material that is copyrighted (unless you are the copyright owner or have the permission of the copyright owner to post it);
(d) post, transmit or distribute any material that reveals trade secrets (unless you own them or have the permission of the owner);
(e) post, transmit or distribute material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(f) post, transmit or distribute any material that is obscene, defamatory, threatening, harassing, discriminatory, abusive, hateful or embarrassing to another user or any other person, group or entity;
(g) post, transmit, distribute or store a sexually-explicit image or statement ; or
(h) post, transmit, distribute or store material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; Users of the Web Site are also prohibited from violating, or attempting to violate, the security of the Web Site in any manner including, without limitation:
(a) accessing or downloading data not intended for such user or logging into an area of the Web Site or membership account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of the Web Site or a system or network on the Web Site or attempting to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, Member, Employer, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing" ; or
(d) forging any part of the header information in any e-mail or newsgroup posting.
Violations of Web Site security may result in civil or criminal liability. ClearFit will investigate occurrences which may involve such violations. If circumstances warrant we may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Third Party Information
As a result of the nature of the Services provided through the Web Site you will be provided with, or have access to, information ("Third Party Information") from various sources which include our suppliers, Members, Employers and advertisers on the Web Site. The Third Party Information contained on this Web Site is provided for informational purposes only and should not be considered as professional advice. ClearFit makes no representation, either express or implied, as to the accuracy, timeliness or completeness of any Third Party Information nor does ClearFit undertake to update or correct such Third Party Information. We strongly recommend that you independently confirm all Third Party Information you obtain from the Web Site.
Rights in Submitted Information
By submitting or posting your views, suggestions, opinions or other information (collectively, "User Contributions") to any public or non-private area of the Web Site (including any message boards, forums, emails, contests and chat rooms) you grant to ClearFit and its affiliates a royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Contributions (in whole or in part) on a worldwide basis and/or to incorporate such User Contributions in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Contributions. I understand that by submitting my company name or logo to ClearFit, I am hereby granting to ClearFit, the non-exclusive, world-wide, royalty-free license to use and display the submitted trademarks, logos, and trade names on www.ClearFit.com and in ClearFit advertising and promotional material in connection with services provided by ClearFit.
Confidentiality and Password
You are responsible for maintaining the confidentiality of your Personally Identifiable Information and your password. You shall be responsible for all uses of your Individual Member or Employer registration, whether or not authorized by You. You agree to immediately notify ClearFit of any unauthorized use of your account, User Name or Password.
Liability and Disclaimers
ClearFit acts as a venue for Employers to post job opportunities and Individual Members to post and transmit Personally Identifiable Information. We do not screen or censor such postings or transmissions. ClearFit is not involved in the actual negotiation or the consummation of the transaction which may result in a job placement between Employers and Individual Members. As a result, ClearFit has no control over the quality, safety or legality of the job opportunities or Personally Identifiable Information posted or transmitted, the truth or accuracy of the job opportunity postings, the ability of Employers to offer job opportunities to Individual Members or the ability of Individual Members to fill the job openings for which they may be hired.
In addition, please be aware that there are risks including, but not limited to, the risk of physical harm, the risk associated with dealing with strangers, foreign nationals and underage persons or the risk of people acting under false pretenses. By using the Web Site, you agree to assume all risks associated with dealing with other users with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult, ClearFit cannot and does not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of users on ClearFit. By your use of the Web Site, you agree to release ClearFit (and our agents and employees) from any claims, demands and damages (actual and consequential, 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 any disputes which you may have with one or more Users.
ClearFit is under no legal obligation to, and generally does not, control the information provided by Users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases could be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Web Site.
The Content may contain inaccuracies or typographical errors. ClearFit makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Content. The use of the Web Site and the Content is at the sole risk of the User.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site. Employers are solely responsible for their postings on the Web Site.
ClearFit is not, and shall not be considered to be an employer in connection with your use of the Web Site and ClearFit shall not be responsible for any employment decisions, for whatever reason, made by any Employer posting job opportunities on the Web Site.
CLEARFIT DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, THE CONTENT AND WEB SITE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CLEARFIT WILL NOT BE RESPONSIBLE FOR SUCH COSTS.
THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CLEARFIT, 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. CLEARFIT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL CLEARFIT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLEARFIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE OR THE SERVICES, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICES OFFERED ON THE SITE, EVEN IF CLEARFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CLEARFIT’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED US$100.00.
Hypertext Links
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by ClearFit of the contents on such third-party sites. ClearFit is not responsible for the content of any linked third-party sites and does not make any representations or warranties, either express or implied regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.
No Assignment, Sale or Unauthorized Commercial Use
Users are not permitted to resell or assign their rights or obligations under these Terms of Use.
Termination of Use
ClearFit reserves the right at its sole discretion to pursue all legal remedies including, but not limited to: (i) deletion of your communications or postings from the Web Site, (ii) immediate termination of your membership and/or your ability to access the Web Site; (iii) immediately cease providing the Services; and (iv) seeking the imposition of criminal or civil penalties upon any breach by you of these Terms of Use or if ClearFit is unable to verify or authenticate any information you submit to the Web Site with your membership registration.
Indemnity
You agree to defend, indemnify, and hold harmless ClearFit and its officers, directors, employees, consultants and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Web Site, the Content, the Services or from your breach of these Terms of Use. ClearFit shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Additional Terms of Use
Certain areas of the Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
General
ClearFit makes no claim that the Web Site or the Content may be lawfully viewed or downloaded outside of the United States or Canada. Access to the Web Site or the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your applicable jurisdiction.
These Terms of Use are governed by the laws of the Province of Ontario, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the Province of Ontario.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in additional terms or conditions of use for particular areas of the Web Site, a particular Legal Notice, or Software License or material on particular pages of the Web Site, these Terms of Use constitute the entire agreement between you and ClearFit with respect to your use of the Web Site.
ClearFit may revise these Terms of Use at any time. No amendments to these Terms of Use shall be made except by a revised posting on this section of the Web Site. You should visit this section periodically to review the Terms of Use, because they are binding on You. |
Terms of Service Agreement
Please read these Terms of Service carefully as they contain the legal terms and conditions that you agree to when you use the ClearFit™ for Individuals (also called Career Seekers) and ClearFit™ for Employers services provided to you by ClearFit at www.ClearFit.com.
By using the Service you agree to be bound by the ClearFit Terms of Use found at Terms of Use and the ClearFit Privacy Policy found at Privacy Policy which contain provisions applicable to all users of the Service and all visitors to the Site, and which are incorporated in these Terms of Service by this reference. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by these Terms of Service, which include the Terms of Use and the Privacy Policy.
1. DEFINITIONS
“ClearFit” means ClearFit, Inc.
“Client Information” means Information submitted by you to ClearFit.
“Service” means the ClearFit for Individuals and ClearFit for Employers services provided to you by ClearFit at the Site.
“Site” means the URL located at www.ClearFit.com
2. CLIENT REPRESENTATIONS AND WARRANTIES
You are solely responsible for the accuracy and authenticity of the Client Information. You represent and warrant to ClearFit as follows:
(a) you have the right and are authorized to submit the Client Information to ClearFit and such submission does not violate any privacy rights, intellectual property rights, confidentiality rights or other proprietary or contract rights of any third party;
(b) the Client Information is true and accurate and does not contain any information which is libelous or otherwise illegal;
(c) you are not impersonating any person or entity or misrepresenting your affiliation with any person or entity;
(d) you will not use the Service or misappropriate the Client Information to compete directly or indirectly with ClearFit or to engage in derivative commercial activities without ClearFit's prior written consent; and
e) you have investigated the desirability of utilizing the Service and are not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on the Site.
3. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless ClearFit and its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) Client Information you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.
4. AMENDMENT OF TERMS
ClearFit reserves the right to amend these Terms of Service, including the Terms of Use and Privacy Policy from time to time. If you have registered as a member, ClearFit will notify you of any material changes to these Terms of Service by email sent to the address you have provided to ClearFit for your account. If you continue to use the Service once you have been notified of the changes to the Terms of Service, you will be deemed to have accepted those changes.
5. FEES
All prices are stated in U.S. dollars and are valid until altered by ClearFit. By subscribing for the Service, you agree to pay the fees identified at the time you subscribe. ClearFit reserves the right at any time to change the fees or structure for the Service. ClearFit cannot guarantee any number of candidates for any job posted using the Service.
6. PAYMENT
You may pay for the Service by using (i) a credit card acceptable to ClearFit upon registering as a member of ClearFit or at such other times as specified on the Site, or (ii) such other form of payment as ClearFit may permit from time to time. ClearFit may obtain a pre-approval from the credit card company for amounts payable to ClearFit by you. You are responsible for the payment of all applicable taxes eligible on the Service in your jurisdiction.
7. PASSWORD
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify ClearFit immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. ClearFit reserves the right to require you to alter your password if ClearFit believes that your password is no longer secure.
8. MONITORING OF CONTENT
ClearFit does not control the content of members' accounts and does not have any obligation to monitor Client Information for any purpose. You acknowledge that you are solely responsible for all Client Information you provide to or receive from the Service. You further acknowledge that Client Information and other data submitted by you ClearFit is owned by ClearFit and governed by the Privacy Policy.
9. NOTICES
At ClearFit's sole discretion, notices by ClearFit to you regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the Site or by email to you.
10. ENTIRE AGREEMENT
This Agreement, together with the Terms of Use and the Privacy Policy constitute the entire agreement between Client and ClearFit regarding the Service provided and/or to be provided by ClearFit. This Agreement replaces any and all prior written and oral understandings and writings. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
11. TERMINATION OF SERVICE
ClearFit may elect, in its sole discretion, to terminate the Service. If ClearFit does terminate the Service, it will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee paid for ClearFit for Employers for the period in which such termination occurs. The foregoing applies only to circumstances in which ClearFit terminates ClearFit for Employers for all of its registered members and shall not entitle you to a refund if ClearFit terminates your individual access to the Service because you have failed to comply with any of these Terms of Service, including the Terms of Use and Privacy Policy, or for any termination of ClearFit for Individuals.
Free employer accounts will be terminated after 60 days of inactivity.
12. OUR GUARANTEE
If you are not completely satisfied with the Service, you may request a Refund (as defined below) at any time during the 30-day period commencing on the date that you register as a member with ClearFit (a “Termination Request”) provided that you:
(i) have hired at least one employee using the Service, and
(ii) acting in good faith, complete ClearFit’s standard questionnaire detailing why you are not satisfied with the Service
(collectively, the “Refund Requirements”). Within 30 days of ClearFit’s receipt of a Termination
Request from you and ClearFit’s determination that you have satisfied the Refund Requirements, ClearFit will refund the following amounts to you (the “Refund”):
(i) if you pay fees monthly to ClearFit, 100% of all monthly fees paid by you to ClearFit during the 30-day period commencing on the date that you register as a member with ClearFit; or
(ii) if you pay fees annually to ClearFit, 100% of the annual fee paid by you to ClearFit during the 30-day period commencing on the date that you register as a member with ClearFit.
Set-up fees are separate from monthly or annual fees and are non-refundable.
In each case, the amount of the Refund will be paid in US dollars and ClearFit assumes no responsibility for changes in foreign exchange rates during the period commencing on the date that you pay ClearFit and ending on the date that ClearFit pays the Refund.
To use the Service in any manner whatsoever following the date of the Termination Request you agree that you will pay to ClearFit an amount equal to the Refund, together with any other applicable fees.
Refunds will only be made available to ClearFit members who pay ClearFit directly for the Service. If you have been granted access to the Service through a ClearFit reseller or other third-party, the terms of any guarantee will be governed by your agreement with such third-party.
13. JURISDICTION
Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the Province of Ontario, Canada. |
Privacy Policy
MAINTAINING THE PRIVACY AND SECURITY OF YOUR INFORMATION IS EXTREMELY IMPORTANT TO CLEARFIT.
 ClearFit is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Web site www.ClearFit.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
This privacy policy applies to all visitors to the www.ClearFit.com site URL.
If you have questions or concerns regarding this statement, you should first contact customer service at info@ClearFit.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.com/consumers/watchdog_complaint.php TRUSTe will then serve as a liaison with us to resolve your concerns.
We want to ensure that your experience with ClearFit is a comfortable, safe and secure one.It is important to us that you are aware of exactly where and how both general information concerning your visit to our site and your submitted personal information is or may be used. We have agreed to notify you of:
- What personally identifiable information of yours or third party personally identifiable information that is collected from you through the web site
- The organization collecting the information
- How the information is used
- With whom the information may be shared
- What choices are available to you regarding collection, use and distribution of the information
- The kind of security procedures that are in place to protect the loss, misuse or alteration of information under ClearFit control
- How you can correct any inaccuracies in the information
If you have questions or concerns regarding this statement, you should first contact Client Services by email at info@ClearFit.com
Privacy Information for Visitors to ClearFit.com – Collection and Use
When you arrive at ClearFit.com you may visit various areas of our site and click on certain links and buttons to search for and review additional information about career opportunities, potential candidates and the ClearFit Program.
Log Files
Generally speaking, we gather statistical information by logging IP addresses, browser type, operating system, referring/exit page, date/time stamp, and aggregate survey results. The logged information is only used in the aggregate and is not tied to personally identifiable information. For example, we will keep a record of the aggregate number of visitors who access each area of our site, which areas of our site receive the heaviest traffic and what services offered through ClearFit are utilized most frequently. The information collected by us will assist in the continual process of updating and improving our site so that your visit to ClearFit will be as rewarding and complete as possible. From time to time we may share this aggregate statistical information with our participating employers and partners in an effort to enhance their understanding of how ClearFit is being used by visitors so they may take steps to help make your experience on our site and their site a very positive one. We use a third-party tracking service called Google Analytics that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate. Google Analytics can determine whether you are a new or returning visitor, the time of the current visit and what the referrer site the visitor came from. We also use this to track page and site usage on our site ClearFit.com
Membership
Becoming a ClearFit Member allows Individuals to enjoy Career Feedback Reports and Employers to receive special products, pricing and promotions that are not available to non-members. Membership was created to help Individuals learn more about their work-related personality and motivation characteristics and learn what jobs and employers fit them best. Membership was created for Employers to help them learn more about their JobFingerprint™ job profiles, candidates and employees. ClearFit.com is primarily a career survey and job matching site comprised of a ClearFit for Individuals service for individual career seekers and a ClearFit for Employers service for employers. In order to provide our unique service to members, we are required to collect relevant psychometric, job search and recruitment-related information during member registration. For career seekers, this information includes the results of their ClearFit Online Survey, employment history, past education, skills, certifications and contact information and it is stored in our central server database behind a hardware firewall at the ClearFit.com server. We call this the career seeker’s PersonalFingerprint™ personal profile information. For employers, this information includes their job description criteria, candidates, hiring criteria, including education, personality, motivation, experience criteria and contact information and it is stored in our central server database behind a hardware firewall at the ClearFit.com server. We call this the employer’s JobFingerprint™ job profile and Registration information. The psychometric survey involves 146 questions and employment/education-related criteria which compare members against employers’ corresponding job-related criteria in the database, based on personality, interests and other job-related criteria. The career reports individual members receive as part of the ClearFit application process are theirs alone and completely confidential. Members always control who has access to their personally identifiable information. Participating ClearFit employers may access members’ PersonalFingerprint™ personal profile data and the interpretation of raw survey scores to create their own reports, but not their personally-identifiable information without that member’s consent. When a member applies to an employer using the ClearFit web site, they are consenting to allow that employer the ability to request their personally identifiable information. Employers will use this information during their hiring process to make more accurate hiring decisions, based on how candidates’ PersonalFingerprint™ personal profiles match against their JobFingerprint™ job profiles.
Members agree that their information may be transferred across national boundaries and may be stored and processed in any of the countries in which ClearFit and its affiliates and subsidiaries maintain offices, including, without limitation, the United States, Canada, United Kingdom, France, Belgium, Germany, Japan, Brazil, Russia, Mexico, Philippines and Australia. ClearFit will comply with the various Privacy and Data Protection Acts and Laws in the countries in which it operates.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on our Web site.
ClearFit collects but does not store credit card information when you purchase any of our products using a credit card.
Feedback/Communication and Choice
From time-to-time our site requests information from users via surveys, email communications or contests. Participation in these surveys, email communications or contests is completely voluntary and the user therefore has a choice whether or not to disclose their job search-related information. Information requested may include any job search-related information, such as contact information (such as name and shipping address), and demographic information (such as zip code). Information collected will be used for purposes of monitoring or improving the use, satisfaction and services of this site.
When you take that next step and register as a member of ClearFit, we will receive specific information about you, such as your name, address, email address, telephone number, etc. In return for the service you receive from ClearFit, from time to time we may contact you in an effort to determine the level of satisfaction with the services provided through ClearFit.com, or we may contact you about opportunities that fit your JobFingerprint™ job profile or PersonalFingerprint™ personal profile. However, we WILL NOT, under any circumstances, provide your email address or any other personal or job search-related information to third party organizations you have not directly applied to, without your direct consent at the time said information is being provided or as described in this privacy policy.
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for the information. Users who no longer wish to receive contact from ClearFit or from our partners may opt-out of receiving further communications from a particular party by replying with unsubscribe in the subject line in the email or email us at info@ClearFit.com
How is personally-identifiable information disclosed?
USERS OF OUR SITE ARE ALWAYS NOTIFIED WHEN THEIR PERSONALLY-IDENTIFIABLE INFORMATION IS BEING COLLECTED BY ANY THIRD PARTIES. We do this so our users can make an informed choice as to whether they should proceed with services that require a third party, or not. Personally-identifiable information collected by ClearFit will not be sold, rented or provided in any other way to third parties except as described in this privacy policy.
ClearFit may, on occasion, with your consent, share some or all of your personally identifiable information with third party service providers for processing (such as when employers use other third party recruitment software providers). In order to process credit card transactions, ClearFit must share your credit card information with our credit card processors to complete our billing process. These third parties may be located in other jurisdictions. Therefore, your information may be processed and stored in other jurisdictions and, as a result, other governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through foreign laws. All such third party processors are bound by contract not to use the members personally identifiable information for their own purposes including their own marketing purposes or provide it to any third parties.
We may disclose and ultimately transfer personally identifiable information in the context of a business transaction involving the reorganization, acquisition or merger of our business or the sale of all or some of our assets provided that the personal information disclosed is required to be used for the purposes permitted by this Privacy Policy by the entity acquiring this information. In such event, after a reorganization, acquisition, merger or sale has occurred, we will use reasonable efforts to notify you (either by posting notice on the Site or by email to you at the last known email address) that such a business transaction has occurred.
ClearFit Referral Program
When you register with ClearFit.com, you will be able to refer friends and/or employers who you think might be interested in our unique services. In ClearFit for Individuals, you are able to refer people using tools such as the Job Fit Report. Using ClearFit for Employers, you can refer other employers as well. ClearFit does not store the referred person or employer’s email address until they register as members of ClearFit themselves. We do not sell referral email addresses to any third parties. We at ClearFit strongly encourage all our members not to engage in spamming activities. The referred party may contact ClearFit at info@ClearFit.com to request the removal of this information from our database.
Blog/Testimonials
If you use a blog or testimonial on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. For testimonials, we do obtain the customer's consent prior to posting their name along with their testimonial. We are not responsible for the personally identifiable information you choose to submit in these forums. If you want to remove your personal information that is being displayed on our website under public pages, please contact us at info@ClearFit.com.
Use of Cookies
We use "cookies" when users of our site log on to their member account with their User Name. These cookies permit us to remember a user who has visited different areas of our site, so that the user will not have to re-enter his or her password on multiple occasions. Once you shut down your internet browser, these cookies expire and no longer have any effect. In addition, we use cookies to process the ClearFit Referral Program. Usage of a cookie is in no way linked to any personally identifiable information while on the site.
Notice of Changes to this Privacy Policy
If we decide to revise or change our privacy policy, we will post those changes prominently on ClearFit.com so that you will always know what information we gather, how we might use that information, and to whom we may disclose it. Please check the site for information concerning revisions or changes to our privacy policy.
If at any point we decide to use personally identifiable information in a manner materially different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
Site and Service Updates
We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email.
Opting Out/Deactivation/Access
As a Member, you can elect to be excluded from any surveys, contests or announcements which may be sent out by ClearFit at any time. ClearFit for Individuals members may do this by going to the "preferences" area of the "Individuals Home" page and de-select the option, or simply using the opt-out feature on any email sent to you from ClearFit. ClearFit for Employers members may do this by going to the “Account” tab. In these areas we may use your information to make you aware of additional products and services which may be of interest to you, or to contact you regarding site changes. You may access and edit all of your personal information at any time. We will retain your personal information for as long as you remain a member or for as long as legally required. Members may terminate their account with ClearFit by sending a request to our customer service department through the 'Contact Us' section of our site or by emailing us at info@ClearFit.com
Links
This web site contains links to other sites. Please be aware that ClearFit is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
When you use "Share This" to bookmark and share our products and site, you will be taken to a third party site. Please note that these third party sites' privacy policies govern the collection and use of the information collected on those sites.
Security
This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, your information is protected both online and off-line.
While we use some of the best firewall hardware in the industry to protect our DLL files and sensitive information online, we also do everything in our power to protect user-information off-line. When you enter sensitive information (such as a credit card number) on our registration or order forms we encrypt that information using secure socket layer (SSL) technology. Our site uses a high-grade 256-bit AES encryption algorithm to keep your data secure. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers that we store personally identifiable information on are kept in a physically-secure environment.
Despite our best efforts, we are not and will not be responsible in the event that a third party (for example, a hacker) evades our security measures and gains access to the central database, and, subsequently, your personal information.
You are solely responsible for safeguarding and maintaining the secrecy of your account, passwords and/or any account information in your possession or control.
If you have any questions about the security at our Web site, you can send an email to info@ClearFit.com
Tell Us What You Think
We take your privacy concerns seriously at ClearFit. That's why we maintain an area on our site where you can provide us with your thoughts and opinions on this issue as well as our service and your experience in using our site. Any information that you submit through this area becomes the property of ClearFit. We may use the information submitted for marketing purposes (for example, success stories or revelations obtained as a result of using the ClearFit job matching service), to further improve our site and the services we offer or we may to contact you for further input.
If, at any time, you have questions or concerns about your privacy, please feel free to contact us at info@ClearFit.com by mail at 20 Eglinton Avenue East, Suite 401, Toronto, Ontario, Canada, M4P 1A9 or by telephone at 1-416-482-2252.
Effective: July 1, 2000. Last Updated: October 13, 2009.
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