It is vital that you protect your personal information at all times. Never give your social insurance, social security, credit card or bank account numbers or any banking information to any potential employer.
The Terms detailed in this document constitute a binding agreement between You and Total Hiring Solutions Inc. or the Total Hire company operating the website for the country in which You live or in which this business is headquartered (“Total Hire”). You are considered to have accepted The Terms each time that You use or access any Total Hire Site or Total Hire Services. If You do not accept the Terms detailed within this document, do not use Total Hire Sites and the Total Hire Services.
Total Hire may revise these Terms at any time by posting an updated Terms version on this website. It is your responsibility as the User to revisit this page regularly to review the most current Terms, as they are binding to You.
Violation of these Terms by any User may result in the suspension or termination of use of Total Hire Sites. This may be done at any time and at the complete discretion of Total Hire.
As a User, you must be 13 years of age or older to access or use any Total Hire Site in any way. If you are under the age of 18 or the legal age of majority in Your jurisdiction, you must use any Total Hire Site under the supervision of a parent, legal guardian, or another responsible adult.
1. The Use of Total Hire Content
As a User, Total Hire gives You permission, as subject to these Terms, to access and utilize the Total Hire Sites and the Total Hire Content (as defined below and throughout this document) and to download and print a single copy of the content available on or from the Total Hire Sites solely for Your own personal and non-commercial use. The contents of the Total Hire Sites, including but not limited to the designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Total Hire content (collectively named, "Total Hire Content"), are inclusively protected under copyright, trademark and other laws. All Total Hire Content is the uncontested property of Total Hire or of its licensors. The collection, arrangement and assembly (i.e. the compilation) of all content on the Total Hire Sites is the sole property of Total Hire and is protected by copyright, trademark, and other laws. Unauthorized use of the Total Hire Content is strictly prohibited, and may violate these laws and/or applicable communications regulations and statutes. It falls on You to preserve all copyright, trademark, service mark and other proprietary notices contained in the original Total Hire Content on any authorized copy You make of Total Hire Content.
You are not permitted to change or copy any code created by Total Hire to generate or display any Total Hire Content or any pages that constitutes any Total Hire Site. This code is entirely and without exception protected by Total Hire's copyright.
As a User, you agree not to sell or change any Total Hire Content. You also agree not to reproduce, display, publicly perform, distribute, or otherwise use the Total Hire Content in any way for public or commercial purposes, in connection with products or services that are not those of the Total Hire Sites, in any manner that can remotely cause confusion among consumers, that disparages or discredits Total Hire or its licensors, that dilutes the strength of Total Hire's or its licensor’s property, or that otherwise infringes upon Total Hire's or its licensor’s intellectual property rights. You further agree to in no way misrepresent or misuse Total Hire Content. It is prohibited to use the Total Hire Content on any other application, website or in a networked computer environment for any purpose.
2. The Use of the Total Hire Services
All Total Hire Users agree to refrain from:
(b) taking any action that causes an unreasonable or disproportionately large load on any Total Hire Site's infrastructure;
(c) using any device or tools to navigate or search any Total Hire Site other than those available on the Site, generally available third party web browsers, or other tools that have been explicitly approved by Total Hire;
(d) using any data mining, robots or similar data gathering or extraction methods;
(e) violating or attempting to violate the security of any Total Hire Site; this includes any attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
(g) reverse engineering or decompiling parts of any Total Hire Site;
(h) aggregating, copying or duplicating (in any manner) any of the Total Hire Content or information available from any Total Hire Site; including expired job postings, other than as explicitly permitted within these Terms;
(i) framing or linking to any Total Hire Content or information available from any Total Hire Site, unless it is explicitly permitted within these Terms;
(j) posting any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional or educational information about illegal activities or other activities prohibited by these Terms, including making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) posting any resume or Profile or applying for any job on behalf of another party;
(l) deferring any contact from an employer to an agent, agency, or other third party;
(m) setting more than one copy of the same resume to public at any one time;
(n) sharing login credentials to any Total Hire Site with a third party;
(o) accessing data that is not intended for You or logging into a server or account which You are not authorized to access;
(p) posting or submitting to any Total Hire Site incomplete, false or inaccurate biographical information or any information which is not Your own;
(q) posting content that contains restricted or password-only access pages, or hidden pages or images;
(r) soliciting passwords or personally identifiable information from other Users;
(s) deleting, editing, or altering any material posted by any other person or entity;
(t) harassing, inciting harassment or advocating harassment of any group, company, or individual;
(u) sending any unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes promoting and/or advertising products or services to any User; this includes contacting any users that have explicitly requested not to be contacted by You;
(v) attempting to interfere with service to any User, host or network, including, without limitation, through means of submitting a virus to any Total Hire Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(w) promoting or endorsing an illegal or unauthorized copy of another person's copyrighted work, by providing, distributing or making available pirated computer programs or links to them, providing, distributing or making available information to circumvent manufacture-installed copy-protected devices, or providing, distributing or making available pirated music or other media or links to pirated music or other media files; or
(x) using the Total Hire Services for any unlawful purpose or illegal activity, or posting or submitting any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or cause harassment of any person, or include links to pornographic, indecent or sexually explicit material of any kind, as determined by Total Hire’s discretion.
Any violation(s) of system or network security may result in civil and/or criminal liability. Total Hire will investigate occurrences involving such violations and may contact, and cooperate with, law enforcement authorities which may result in the prosecution of Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
Employers are solely and completely responsible for any and all of their postings on Total Hire Sites. Total Hire is not to be considered as an employer with respect to Your use of any Total Hire Site and Total Hire will not be responsible for any decisions made about employment, by any entity posting jobs on any Total Hire Site.
Total Hire will retain non-personalized user data related to its assessments and results; this data will be used for validation of the assessments and future refinement.
To protect Total Hire Users from commercial solicitation or advertising, Total Hire reserves the right to limit the number of emails an employer may send Users to a number which Total Hire deems appropriate in its sole discretion. You will use the Total Hire Networking and Profiles in accordance with all applicable privacy and data protection laws.
Any candidate profiles derived from User Content may also be made available through the Sites. Note that Total Hire does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from the User Content.
A Job Posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Total Hire;
(b) any misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are not relevant or related to the job opportunity being presented; this will be determined by Total Hire’s reasonable discretion;
(c) the names, logos or trademarks of companies that are unaffiliated, other than those of your customer, except when expressly agreed upon by Total Hire;
(d) the names of colleges, cities, states, towns or countries unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) information that is inaccurate, false, or misleading; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 18.
You may NOT use Your Total Hire job posting or Total Hire Networking and Profiles to:
(a) post any jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to, laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post any jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless required by law, regulations, executive order, or federal, state or local government contract;
(c) post any jobs that include any sort of screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual, legitimate and legal requirement of the posted job;
(d) determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit;
(e) sell, promote or advertise products or services;
(f) post or make reference to advocating any sort of franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires up-front or periodic payment or that necessitates recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays only by commission unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be charged with selling;
(i) promote any opportunity that does not represent bona fide and genuine employment.
(j) post jobs on any Total Hire Site for any sort of modeling, acting, talent or entertainment agencies or talent scouting positions;
(k) explicitly, or by implication, advertise sexual services or seek employees for jobs of a sexual nature;
(l) request the use or harvesting of human body parts or the donation of human parts, including, without limitation, reproductive services like egg donation and surrogacy;
(m) endorse any political party, political agenda, political position or issue, either explicitly or by implication;
(n) promote a particular religion, explicitly or by implication;
(o) post jobs located in countries subject to economic sanctions of the government of Canada; and
(p) post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age, except where allowed by applicable law.
Total Hire unequivocally reserves the right to remove any job posting or content from any Total Hire Site, when in the reasonable exercise of Total Hire’s discretion, it is found to not comply with the above stated Terms, or that Total Hire believes is not in the best interest of Total Hire.
If at any time during Your use of the Total Hire Services, You made a misrepresentation of fact to Total Hire or otherwise misled Total Hire in regards to the nature of Your business and its activities, Total Hire will have grounds to terminate Your use of all Total Hire Services.
Use of the Total Hire Resume Database by Employers:
You will only use the Total Hire Resume Database as provided in these Terms and in the terms of any contract You have with Total Hire. You will only use the Total Hire Resume Database in accordance with any and all applicable privacy and data protection laws. You will agree to not disclose any of the data from Total Hire Resume Database to any third party, unless You are an authorized recruitment agency, a staffing agency, advertising or other agency using the resume explicitly for employment purposes.
You will take any and all appropriate physical, technical, and administrative measures to protect the data You have obtained through the Total Hire Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You will not share Resume Database seat-based license login credentials with any other party, nor will You share Resume Database pay-per-view license login credentials with any other party.
The Total Hire Resume Database will NOT be used:
(a) for any purpose other than as an employer looking for employees. Prohibited actions include but are not limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders regarding career fairs and business opportunities prohibited by Section 3.
4. Additional terms applicable to Job Seekers.
When You register with any Total Hire Site, You will be asked to create an account and provide Total Hire with information including, without limitation, a valid email address (Your "Information").
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 the Total Hire Sites. It is also your responsibility to protect the login and password to your account, and you will be liable for any activity taken using your account.
You understand and acknowledge that You have no ownership rights to anything in Your account and that if You cancel Your Total Hire account or Your Total Hire account is terminated, all Your account information, including resumes, Profiles, cover letters, saved jobs, and/or questionnaires will be marked as deleted and may be deleted from Total Hire’s databases and removed from any public area of the Total Hire Sites. Information may continue to be available for some period of time due to delays in propagating such deletion through Total Hire’s web servers. In addition, third parties may retain saved copies of Your Information.
Total Hire reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Total Hire Site ("User Content") is the sole responsibility of the person from which this User Content originated. Total Hire claims no ownership or control over any User Content. You or a third party licensor, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Total Hire and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Total Hire, you grant Total Hire a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Total Hire. In addition, by submitting, posting or displaying User Content which is intended to be available to the public, you grant Total Hire a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Total Hire and its services. Total Hire will discontinue this licensed use within a commercially reasonable period of time after such User Content is removed from Total Hire. In its sole discretion, Total Hire reserves the right to refuse to accept, post, display or transmit any User Content.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights, has completely and effectively waived all such rights and irrevocably granted to You the right to grant, the license as stated above. If You post User Content in any public area of any Total Hire Site, You also grant and permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to foregoing, the owner of such User Content placed on any Total Hire Site retains any and all rights that may exist in such User Content. Total Hire may review and remove any User Content that, in its sole and reasonable discretion, believes to be in violation of these Terms, any applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or in violation of the rights of, or harms or threatens the safety of, Users of any Total Hire Site. Total Hire reserves the right to expel Users and bar their further access to the Total Hire Sites and/or use of Total Hire Services for violating these Terms or any applicable laws, rules or regulations if it believes, in its sole discretion, that such User Content could create liability for Total Hire, damage Total Hire’s brand or public image, or cause Total Hire to lose Users or the services of its ISPs (in whole or in part) or other suppliers.
Total Hire does not guarantee the truthfulness, accuracy, or reliability of User Content, works derived from User Content, or any other communications posted by Users nor does Total Hire endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk alone.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration purposes only and is not a comprehensive list of all prohibited User Content.
- is implicitly or explicitly offensive, and engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission and proliferation of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false and/or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, like providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protected devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password-only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under the age 18; or
- provides instructional or educational information about illegal activities or activities prohibited by these Terms, including without limitation, the making or buying of illegal weapons, violating someone's privacy, providing or creating computer viruses or the pirating of any media; and
- solicits passwords or personal and identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, a place, an inanimate object, a fictional character, or real individual that is someone other than You.
When submitting User Content to Total Hire Networking, you may not include information that may be interpreted or viewed as a direct solicitation, advertisement or recruitment for an available job position directed towards individuals seeing full or part time employment. In order to protect our Total Hire Community Users from solicitation or commercial advertising, Total Hire reserves the right to restrict the number of emails or messages which a User may send to other Users to a number that, in its sole discretion, Total Hire deems appropriate.
Profiles derived from User Content may also be made available through the Total Hire Sites. Total Hire does not make any representations with regards to the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Total Hire Sites. Please be advised that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials that are outside those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments about 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 become the property of Total Hire. No part 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 part of the Submission. Total Hire shall be the sole owner of any 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 persons.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Total Hire Site and is accessible on such Total Hire Site in a way that constitutes a violation of your copyright or trademark, please contact Total Hire by email at firstname.lastname@example.org or by regular mail at:
Total Hiring Solutions Inc.
Attn: Legal Department
303 Bagot Street unit 208
Kingston, Ontario, K7K 5W7
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Total Hire respects the intellectual property of others, and expect 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 of Your use of the Total Hire Sites, You agree not to use any Total Hire Site to infringe on the intellectual property rights of others in any way. Total Hire reserves the right to terminate the accounts of any Users, and remove access to the Total Hire Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Total Hire reserves the right, in its sole discretion, to take actions to limit access to the Site and/or terminate the accounts at any time, of Users who infringe any intellectual property rights of others, whether or not it is a first offence, with or without notice, and without any liability to the User who is terminated or blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Total Hire as outlined in Section 6 above.
8. Total Hire's Liability.
The Total Hire Sites act as venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Total Hire does not screen or censor the listings, which includes Profiles. Total Hire is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Total Hire is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. Total Hire makes no representations about any jobs, resumes or User Content on the Total Hire Sites. While Total Hire reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Total Hire Sites, Total Hire does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Total Hire Networking provides a venue for individuals to network for professional and personal purposes and Total Hire does not screen or censor the Profiles or User Content on the Total Hire Sites. Total Hire is not involved in the communications between Users. As a result, Total Hire has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Total Hire Sites and makes no representations about any Profile or User Content found on the Total Hire Sites.
Note that there are risks, including but not limited to, the risk of physical harm, the risk of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with users with whom You come in contact through the Total Hire Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be misleading or deceptively labeled. We expect and urge You to use caution and common sense when using the Total Hire Sites.
Because User authentication on the Internet is difficult, Total Hire cannot and does not confirm that each User is who they present themselves to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Total Hire Site, in the event that You have a dispute with one or more Users, You release Total Hire (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 to such disputes to the fullest extent allowed by law.
The Total Hire Sites and the Total Hire Content may contain inaccuracies or typographical errors. Total Hire makes no representations about the accuracy, reliability, completeness, or timeliness of any Total Hire Site or the Total Hire Content. The use of all Total Hire Sites and the Total Hire Content is done so at Your own risk. Changes are periodically made to Total Hire Sites and may be made at any time. Total Hire cannot guarantee and does not promise any specific results from use of any Total Hire Site. No advice or information, whether oral or written, obtained by a User from Total Hire or through or from any Total Hire Site shall create or constitute any warranty not expressly stated herein.
Total Hire encourages You to keep a backup copy of any of Your User Content. In no event shall Total Hire be liable for the deletion, loss, or unauthorized modification of any User Content.
Total Hire does not provide or make any representation, warranty, or guarantee, as to the quality or nature of any of the third party products or services purchased through any Total Hire Site. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth above in Section 6.
If notified of any content or other materials which allegedly do not conform to these Terms, Total Hire may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Total Hire has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, TOTAL HIRE DOES NOT WARRANT THAT ANY TOTAL HIRE SITE OR ANY TOTAL HIRE SERVICES WILL OPERATE FREE OF ERRORS OR THAT ANY TOTAL HIRE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY TOTAL HIRE SITE OR THE TOTAL HIRE CONTENT RESULTS IN THE NEED FOR SERVICING OR THE REPLACEMENT OF EQUIPMENT OR DATA OR ANY OTHER COSTS, TOTAL HIRE IS NOT RESPONSIBLE FOR THOSE COSTS. THE TOTAL HIRE SITES AND TOTAL HIRE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TOTAL HIRE, 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. TOTAL HIRE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TOTAL HIRE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL TOTAL HIRE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY TOTAL HIRE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY TOTAL HIRE SITE AND THE TOTAL HIRE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOTAL HIRE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, TOTAL HIRE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY TOTAL HIRE SITE OR YOUR USE OF TOTAL HIRE CONTENT, NO MATTER THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The Total Hire Sites contain links to third party Web sites. The links are provided only as a convenience to You and should not be interpreted as an endorsement by Total Hire of the contents on such third-party Web sites. Total Hire is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials available on such third party Web sites. If You decide to access linked third party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Total Hire Site.
You agree to defend, indemnify, and hold harmless Total Hire, 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 (i) any User Content or other material You provide to any Total Hire Site, (ii) Your use of any Total Hire Content, or (iii) Your breach of these Terms. Total Hire shall provide prompt notice to You of any such claim, suit, or proceeding.
These Terms are governed by the internal substantive laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within the judicial district of Kingston, Province of Ontario. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity the provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Total Hire’s failure to enforce any term of these Terms shall not be deemed as a waiver of the term or otherwise impact Total Hire’s ability to enforce the term at any point in the future.
Except as expressly provided in an additional agreement through additional Terms for certain areas of the Total Hire Sites, a particular "Legal Notice," or software license or material on particular pages on the Total Hire Sites, these Terms constitute the entire agreement between You and Total Hire with respect to the use of the Total Hire Sites. No changes to these Terms shall be made except through a revised posting on this page.
16. Additional Terms.
17. Mobile Services.
If You use the Total Hire Sites through a mobile device, You agree that information about Your use of the Total Hire Sites through Your device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Total Hire Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Total Hire Sites using a mobile device, You represent that to the extent You import any of Your Total Hire data to Your mobile device that You have authority to share the transferred data with Your carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Total Hire account information to ensure that Your messages are not being sent to the person that acquires Your old number and failure to take this action is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Total Hire Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the Total Hire Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Total Hire Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at the time of download or installation, and any updates that occur in the future.
18. Electronic Communications and Privacy.
When you visit the Site, provide content, or send emails to us, you are sending electronic communication. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such types of communications be in writing.
19. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Total Hire Site. Total Hire 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 the Total Hire Sites and the immediate termination of Your registration with or ability to access the Total Hire Sites and/or any other services provided to You by Total Hire, upon any breach by You of these Terms or if Total Hire is unable to verify or authenticate any information You submit upon registration. Even after You are no longer a User of the Total Hire Sites, certain provisions of these Terms will remain in effect, including Sections 1, 3, 5, 8 through 15, inclusive.