Using this site implies that you know the terms
and conditions of the use of same.
Terms and Conditions
1. Introduction. Please read this page carefully. It contains
the Terms and Conditions governing your access to and use of the
UnderwaterJOBS.com Web Site. If you do not accept these Terms and
Conditions or you do not meet or comply with their provisions, you
may not use the Site. If you are an employer using the Site, you may
have entered into a Service Agreement with UnderwaterJOBS.com, in
which case these Terms and Conditions are part of that Service
2. Binding Agreement. These Terms and Conditions (as they may be
amended from time to time by UnderwaterJOBS.com) form a binding
agreement between you and UnderwaterJOBS.com, Inc. Your access to or
use of the Site indicates your acceptance of these Terms and
Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to these
Terms and Conditions:
"UnderwaterJOBS.com Web Site" or the "Site" includes
www.UnderwaterJOBS.com in its entirety and its related sites owned
or operated by UnderwaterJOBS.com, and includes their Content, Text,
Graphics, Design, Programming and Services as applicable in the
"Content" includes all Text, Graphics, Design and Programming used
on the Site.
"Text" includes all text on every page of the Site, whether
editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements
on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the
etc.) and server-side code (Active Server Pages, VBScript,
databases, etc.) used on the Site.
"Document" refers to any posting to the Site, whether job or resume.
"Services" means any services provided on the Site by
UnderwaterJOBS.com or its agents.
"User" refers to any individual or entity who uses any aspect of the
"Jobseeker" means a User who is accessing the Site to search for a
job or in any other capacity except as an Employer.
"Employer" means a person or entity that is accessing the Site to
post a job or for any reason related to the purpose of seeking
candidates for employment.
"You" and "you" means the person who (or the entity on behalf of
whom you are acting) that is agreeing to these Terms and Conditions.
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for individuals seeking
employment and for employers or recruiters seeking candidates for
employment. You may use this Site only for lawful purposes within
the stated context of UnderwaterJOBS.com intended and acceptable use
of the Site. UnderwaterJOBS.com is the sole interpreter of the
Site’s intended and acceptable use.
4.2 License to Use by Users who are Jobseekers. UnderwaterJOBS.com
hereby grants you a limited, terminable, non-exclusive right to
access and use the Site only for your personal use seeking
employment opportunities for yourself. This authorizes you to view
and download a single copy of the material on the Site solely for
your personal, noncommercial use. Your use of the Site is a
privilege. UnderwaterJOBS.com reserves the right to suspend or
terminate that privilege for any reason at any time, in its sole
4.3 License to Use by Users who are employers. UnderwaterJOBS.com
hereby grants you a limited, terminable, non-exclusive right to
access and use the Site only for your internal business use seeking
candidates for employment. This authorizes you to view and download
a single copy of the material on the Site solely for your personal
use directly related to using the Site for the purpose of searching
and recruiting job prospects. UnderwaterJOBS.com reserves the right
to suspend or terminate your access and use at any time if
UnderwaterJOBS.com determines that you are in breach of any of these
Terms and Conditions.
4.4 Other Specific Rules. You represent, warrant and agree that you
will not use (or plan, encourage or help others to use) the Site for
any purpose or in any manner that is prohibited by these Terms and
Conditions or by applicable law. It is your responsibility to ensure
that your use of the Site complies with these Terms and Conditions.
4.5 House Rules for Posting, Conduct and Security. You agree to
comply with the "House Rules" for posting, conduct and security on
the Site, which are attached hereto as Exhibit A.
5. Intellectual Property Rights. The Site and all right, title and
interest in and to the Site is the sole property of
UnderwaterJOBS.com or its licensors, and is protected by Canadian
copyright and international treaties. Except for the limited
licenses expressly granted to you in these Terms and Conditions,
UnderwaterJOBS.com reserves for itself and its licensors all other
right, title and interest. Without limitation on the foregoing, you
may not reproduce, modify, display, sell, or distribute the Content,
or use it in any other way for public or commercial purpose. This
includes copying or adapting the HTML code used to generate Web
pages on the Site. "UnderwaterJOBS.com," the UnderwaterJOBS.com
design logo and certain other names or logos are service marks or
trademarks of UnderwaterJOBS.com, and all related product and
service names, design marks and slogans are the service marks or
trademarks of UnderwaterJOBS.com. In addition, the "look" and "feel"
of the Site (including color combinations, button shapes, layout,
design and all other graphical elements) are also protected by
UnderwaterJOBS.com trademarks, service marks and copyrights. All
other product and service marks contained on the Site are the
trademarks of their respective owners.
6. Disclaimers and Limitations on UnderwaterJOBS.com Liability.
6.1 Allocation of Responsibility UnderwaterJOBS.com assumes no
responsibility for Documents posted by Users and no responsibility
for the activities, omissions or other conduct of Users.
6.2 No endorsements by UnderwaterJOBS.com. Nothing on the Site shall
be considered an endorsement, representation or warranty with
respect to any User or third party, whether in regards to its Web
site, products, services, hiring, experience, employment or
recruiting practices, or otherwise.
6.3 No Guaranty of Results. UnderwaterJOBS.com is not an employment
agency or a recruiting firm, and makes no representations or
guarantees regarding the effectiveness or timeliness of the Site in
meeting the employment objectives of Users. UnderwaterJOBS.com does
not guarantee that Documents posted by Users will result in
candidates being hired or positions being filled, and is not
responsible for any employment decisions, for whatever reason made,
made by any User.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED. UnderwaterJOBS.com, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. UnderwaterJOBS.com MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) UnderwaterJOBS.com DOES NOT WARRANT THAT THE SITE WILL OPERATE
ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS
DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, UnderwaterJOBS.com IS NOT RESPONSIBLE FOR THOSE
(ii) UnderwaterJOBS.com makes no representations or guarantees
regarding the truthfulness, accuracy, completeness, timeliness or
reliability of any Documents posted by Users, or of any other form
of communication engaged in by Users. Documents may contain
inaccuracies or typographical errors. You agree that any reliance on
Documents posted by Users, or on any other form of communication
with Users, will be at your own risk.
(iii) UnderwaterJOBS.com makes no representations or guarantees
regarding the Content of the Site, including, but not limited to,
broken links, inaccuracies or typographical errors.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE,
THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR
YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL UnderwaterJOBS.com (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT 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 OR
ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE
INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT UnderwaterJOBS.com IS ADVISED OF THE POSSIBILITY OF
(c) BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY
NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR
ANY REASON, THEN UnderwaterJOBS.com MAXIMUM LIABILITY TO YOU FOR ANY
NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $20.00 IN THE
(d) IN NO EVENT SHALL UnderwaterJOBS.com (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE
AGGREGATE OF US$20.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES
AGREEMENT WITH UnderwaterJOBS.com, THE AMOUNTS ACTUALLY PAID BY YOU
TO UnderwaterJOBS.com UNDER THIS AGREEMENT IF GREATER THAN
(e) Due to the nature of these Terms and Conditions, in addition to
money damages, UnderwaterJOBS.com will be entitled to equitable
relief upon a breach of these Terms and Conditions by you.
7. Links to Other Sites. UnderwaterJOBS.com contains links to third
party Web sites. These links are provided solely as a convenience to
you and not as an endorsement by UnderwaterJOBS.com of the contents
on such third-party Web sites. UnderwaterJOBS.com is not responsible
for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on
such third-party Web sites. If you decide to access linked
third-party Web sites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Site.
UnderwaterJOBS.com may revise these Terms and Conditions at any time
by updating this page. Changes will be binding on you on they date
they are posted on the Site (or as otherwise stated in the any
notice of such changes). Any use of the Site will be considered
acceptance by you of the then-current Terms and Conditions. If at
any time you find the Terms and Conditions unacceptable, you may not
use the Site any longer. Any new or different terms supplied by you
are specifically rejected by UnderwaterJOBS.com unless
UnderwaterJOBS.com agrees to them in a signed writing specifically
including those new or different terms. UnderwaterJOBS.com may
change the Site at any time.
9. Indemnity. You agree to defend, indemnify, and hold harmless
UnderwaterJOBS.com (and its officers, directors, employees and
agents) from and against any claims, actions or demands (including,
without limitation, costs, damages and reasonable legal and
accounting fees) alleging or resulting from or in connection with
your use of the Site, any Document posted by you, or your breach of
these Terms and Conditions. UnderwaterJOBS.com shall use reasonable
efforts to provide you prompt notice of any such claim, suit, or
proceeding and may assist you, at your expense, in defending any
such claim, suit or proceeding.
governs data collected through UnderwaterJOBS.com’s on-line
operations only. In addition, UnderwaterJOBS.com reserves the right
to comply, in its sole discretion, with legal requirements.
11. Questions and Notices. Questions concerning the use of the Site
should be directed to Feedback. Notices shall be sent, for
UnderwaterJOBS.com, to the address listed on the Site, and, for you,
to the address submitted by you or such other address as
UnderwaterJOBS.com reasonably determines is an appropriate address
12. General. UnderwaterJOBS.com contact information is listed on the
Site. The UnderwaterJOBS.com makes no claims that the Content is
appropriate or may be downloaded outside of the Canada. Access to
the Content may not be legal by certain persons or in certain
countries, and such persons have no right to access or use the Site.
If you access UnderwaterJOBS.com from outside of the Canada, you do
so at your own risk and are responsible for compliance with the laws
of your jurisdiction. These Terms and Conditions are governed by the
internal substantive laws of the Province of Ontario, without
respect to its conflict of laws principles. Jurisdiction for any
claims arising under these Terms and Conditions shall lie
exclusively with the provincial or federal courts in the Province of
Ontario. You and UnderwaterJOBS.com sole relationship is that of
independent contractors. If any provision of these Terms and
Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of all or part of a provision shall not
affect the validity of the remaining parts and provisions of these
Terms and Conditions, which shall remain in full force and effect.
All provisions of these Terms and Conditions shall survive
termination except those granting access or use to the Site, and you
shall cease all your use and access thereof immediately. You may not
assign or transfer your obligations under these Terms and
Conditions. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided by UnderwaterJOBS.com in a
particular "Legal Notice," or software license or material on
particular Web pages of the Site, these Terms and Conditions
constitute the entire agreement between you and UnderwaterJOBS.com.
Exhibit A -House Rules regarding Posting, Conduct and Security
UnderwaterJOBS.com is the sole interpreter of these rules. Users who
violate these rules may have their access and use of the Site
suspended or terminated, at UnderwaterJOBS.com discretion.
UnderwaterJOBS.com reserves the right to change these rules in
accordance with the amendment policy in the Terms and Conditions to
which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites
(to advertise your company or Web site, see our Advertising Info
page.); (ii) copyrighted material (unless you own the copyright or
have the owner's permission to post the copyrighted material); (iii)
trade secrets (unless you own them or have the owner's permission to
post them); (iv) material that infringes on or misappropriates any
other intellectual property rights, or violates the privacy or
publicity rights of others; (v) anything that is sexually explicit,
obscene, libelous, defamatory, threatening, harassing, abusive, or
hateful; or (vi) anything that is embarrassing or offensive to
another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another
person, living or dead; (ii) post false, inaccurate or misleading
information; (iii) post advertisements or solicitations of business
(including, but not limited to, Multi-Level Marketing [MLM]
positions, Email Processors, Project 21, franchises, "club
memberships," distributorships, or anything requiring a monetary
investment by the User); (iv) post chain letters or pyramid schemes;
or (v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey
clearly to the User the nature and requirements of the job
opportunity, or your qualifications as a candidate for employment.
Documents that encourage the User to "email for more details" are
not permitted. Documents from any third party charging a fee or
restricting complete access to all resume information are
(d) Job postings must be individual openings for traditional
(e) Resume postings must contain the accurate resume of a living
individual seeking employment on a full-time, part-time, or
contractual basis on his or her own behalf.
(f) UnderwaterJOBS.com is under no obligation to monitor the
Documents posted on the Site, but it may monitor Documents at
random. Documents found to violate the above Posting Rules may be
removed at UnderwaterJOBS.com discretion.
A2. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or
for any purpose other than that which is expected (i.e., to apply
for the job or to initiate further discussion with the candidate).
Communications soliciting the employer's business by our competitors
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the
confidentiality of your information and password. You are
responsible for all uses of your registration, whether or not
authorized by you. If others use your password to post inappropriate
material on the Site, you risk losing your access to the Site. You
agree to notify UnderwaterJOBS.com immediately of any unauthorized
use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other
person or entity.
(f) UnderwaterJOBS.com is under no obligation to monitor the conduct
of its Users, but it may investigate and respond when violations are
A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the
security of the Site, including, without limitation: (i) accessing
data not intended for such User or logging into a server or account
which the User is not authorized to access; (ii) attempting to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper
authorization; (iii) attempting to interfere with service to any
User, host or network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding", "mailbombing"
or "crashing"; (iv) sending unsolicited e-mail, including promotions
and/or advertising of products or services; (v) forging any TCP/IP
packet header or any part of the header information in any e-mail or
newsgroup posting. Violations of system or network security may
result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or
criminal liability. UnderwaterJOBS.com will investigate occurrences
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are
involved in such violations.
And finally, the bottom line is that UnderwaterJOBS.com and its
hosting company strive to keep UnderwaterJOBS.com up and running 24
hours a day 7 days a week. Although we offer no guarantee of this,
the users of the web site and/or employer and/or job seeker services
agree that UnderwaterJOBS.com may not be held liable for any damages
or loss occurred from any downtime that UnderwaterJOBS.com may have.
You acknowledge that the web site and/or job seeker and/or employer
services may be down and inaccessible at anytime, for any amount of
time, for any reason at all. UnderwaterJOBS.com will try to correct
any problems that may occur but offers no guarantees as to when the
problems will be fixed - but we'll do our best!