Revised: June 28th, 2016.
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Eligibility to Use Prelook
To access or use Prelook, you must be 18 years of age or older and have the power and authority to enter into these Terms. Except as approved by us, Prelook is for your personal, non commmercial use. If you wish to make commercial use of Prelook, you must enter into an agreement with us to do so. You may not use Prelook if we have terminated your account or banned you.
2. Your Prelook Account
Social Sign In. If you access Prelook through a social networking site, such as Facebook or Google+ (“Social Networking Site”), you agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials accessible through Prelook that you have provided to and stored in your Social Networking Site account so that it is available on and through Prelook via your account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Prelook, personally identifiable information that you post to that Social Networking Site may be displayed on Prelook. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
3. Your Use of Prelook
A. Rules of Conduct. You will use Prelook solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other binding obligations (including contractual obligations) you may have towards third parties.
You will not:
- Use any information obtained from Prelook in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any visitor without their prior explicit consent;
- Introduce software or automated agents to Prelook, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from Prelook;
- Interfere with, disrupt, or create an undue burden on Prelook or the networks or services connected to Prelook;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Prelook.
B. Links to Third-Party Websites. Prelook may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other Members. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Prelook, our terms and policies no longer govern.
C. Third-Party Content on Prelook. Content from other Members, visitors, advertisers, and other third parties is made available to you through Prelook. ("Content") means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, or other materials you find on Prelook. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided anonymously by other Members; (2) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other visitors, employers, advertisers, and third parties.
4. Sharing Your Content on Prelook
A. Your Responsibility for Your Content. You are solely responsible for any and all Content that is posted through your account on Prelook (“Your Prelook”), as well as the representations you make to us about Your Content. You agree that by submitting Your Content to Prelook, you have reviewed and agreed to abide by our Community Guidelines.
B. Representations Regarding Your Content. You represent and warrant that:
- You own Your Content or otherwise have the right to grant the license set forth in these Terms;
- Your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person;
- By providing or posting Your Content, you do not violate any binding confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer;
- Any information you provide in a salary, company review, interview review, company photo, employer response, job ad, or employer profile is correct;
- Any information you provide about your current, past or potential status as an employee of a certain employer is correct and complete.
- Any resume you upload is accurate and submitted on your own behalf.
Please do not provide any information that you are not allowed to share with others, including by binding contractual obligation or by law, because any information you provide will be accessible by every visitor of Prelook.
5. Special Provisions Applicable to Employers
You may not post any content that:
- Does not comply with Canadian laws or the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to do so.
6. Special Provisions Applicable to Employers
Content from other Members, visitors, advertisers, and other third parties is made available to you through Prelook. ("Content") means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, or other materials you find on Prelook. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided anonymously by other Members; (2) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other visitors, employers, advertisers, and third parties.
7. Enforcement by Prelook
A. Removal of Content. While Prelook has no obligation to do so, Prelook reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Prelook, or that we deem, in our sole discretion, in appropriate. If you see any Content on Prelook that you believe violates our policies, you may report that Content by contacting us here. Once notified, we will review the Content and consider whether to remove or modify it. Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
B. Copyright Policy. Prelook has adopted the following policy toward copyright infringement on Prelook in accordance with Bill C-60. It is our policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied in violation of Bill C-60 and used on Prelook in a way that constitutes copyright infringement, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- An identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on Prelook;
- Your address, telephone number, and e-mail address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8. Rights to Your Content
We do not claim ownership in any Content that you submit to Prelook, but to be able to legally provide Prelook to our visitors, we have to have certain rights to use such Content in connection with Prelook, as set forth below. By submitting any Content to Prelook, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you post through Prelook. You should only submit Content to Prelook that you are comfortable sharing with others under the terms and conditions of these Terms.
9. Rights to Prelook Content
Prelook contains Content provided by us and our licensors. We and our licensors (including other visitors) own and retain all proprietary (and intellectual property) rights in the Content we each provide and Prelook owns and retains all property rights in Prelook. If you are a visitor, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Prelook solely for your personal use in connection with using Prelook. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on Prelook or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Prelook. Prelook ® is a registered trademark of Prelook, Inc. The trademarks, logos and service marks ("Marks") displayed on Prelook are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising from your use of Prelook and due to or arising from your breach of any provision of these Terms.
11. Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited. You are solely responsible for your interactions with advertisers and other visitors and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or visitor of Prelook. We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on Prelook, whether caused by visitors or by any of the equipment or programming associated with or utilized in Prelook. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other visitors. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Prelook or combination thereof, including any injury or damage to visitors or to any person's computer related to or resulting from participation or downloading materials in connection with Prelook. Under no circumstances shall we be responsible for any loss or damage resulting from use of Prelook or from any Content posted on Prelook or transmitted to visitors, or any interactions between visitors of Prelook, whether online or offline.
Prelook is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Prelook will meet your requirements; (2) Prelook will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Prelook will be accurate or reliable.
You hereby release us, our officers, employees, agents and successors from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other visitors to or users of Prelook, or (2) your participation in any of our offline events.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF PRELOOK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF PRELOOK (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED CAD DOLLARS ($100).
12. Changes to Terms
We may revise these Terms from time by posting on updated version on Prelook and you agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of Prelook is subject to the most current effective version of these Terms.
13. Governing Law
This Agreement and any and all claims or disputes by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of Prelook, shall be governed by the Constitution of Canada without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Prelook and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Prelook's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to." Please contact us with any questions regarding these Terms by contacting us here.