These Terms of Use (“Terms”) govern your (“Your”) use of the elleflex Site and the Services (each as defined below). These Terms include the elleflex Privacy Policy which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and elleflex. By using the elleflex Site and the Services, you each time acknowledge and agree to the terms of use as set forth in this agreement.
Subject to these Terms, elleflex authorizes You (collectively “employers, talents or any users of the elleflex Site”) to access and use the Site Content (as defined below) and to download and print a single copy of the content available on or from the elleflex Site solely for Your personal and for non-commercial use. The contents of the elleflex Site include, among other things, text, codes, photos, images, videos software, graphics, information, icon buttons, designs, audio files and other content (collectively, “Site Content”). Such Site Content is protected by copyright laws, trademark laws and other laws. Each Site Content is the exclusive property of elleflex. You agree to use the elleflex Site legally. You shall not use the Site Content or post content on the elleflex Site which is abusive, threatening, defamatory obscene or which encourages behaviors that may be considered illegal and criminal. You agree not to use, sell, transmit, reproduce, modify, display the Site Content in commercial purpose or in any way for any public without elleflex’s prior wrriten consent. In addition, all the codes created to display the Site Content are the property of elleflex and are protected by copyright, trademarks and other laws. You are not allowed to copy or adapt such code.
Elleflex Site offers you access to multiple services such as job posting, job bank, candidate profiles, resume database, featured employers, advanced search engines, tools to optimize employers’ visibility, training sessions, insightful information and posts in the relevant sectors of activity and other features that may be used by talents seeking employment and by employers seeking employees (collectively, the “Services”).
You agree to use the Services solely for professional and personal purposes to seek employment if you are a talent and to seek employees if you are an employer. As far as the blog services and trainings are concerned, you agree to comply with the same conditions and terms of use applicable to each section. Elleflex will control the content or information provided or posted by users on the elleflex Site.
Without restricting the generality of the foregoing, you agree to NOT:
Any violations of the foregoing may result in civil and criminal liability. The elleflex team undertakes to investigate on any violations or potential violations and to cooperate with the enforcement authorities in prosecuting users involved in such violations. Furthermore, the elleflex team reserves the right to verify any displayed data on the elleflex Site and remove any information deemed, in its sole discretion, as illegal, threatening, unlawful, offensive, obscene, vulgar, defamatory or that may represent criminal violations. The elleflex team also reserves the right to revise, delete or refuse to post any data, document or information or terminate the users’ access to the Services at any time and without prior notice.
You are responsible to comply with all the foregoing terms when submitting or posting on the elleflex Site. You are responsible for maintaining the confidentiality of Your account, profile, passwords and other sensitive or personal information. You agree and undertake to notify the elleflex team of any unauthorized use of Your account, profile, passwords or any other sensitive or personal information as soon as You become aware of it.
You must open an account to access the Services and provide elleflex with all required registration information. You must choose a password and a username, which will usually be their email address. You are fully responsible for all content appearing on your account. You agree to notify elleflex of any unauthorized use or other breach of security. Elleflex will not be held responsible for any loss that you may suffer as a result of the use of your account or password by a third party. However, you may be held responsible for losses incurred by elleflex or any other party by the use of your account or password by a third party. You must not use the account of another person at any time.
In addition to the foregoing terms, employers shall use the job posting, resume database and other features of the elleflex Site only for hiring and employment seeking purposes.
You (as an Employer) are solely responsible for Your postings on elleflex. Elleflex acts as an intermediary and is not considered to be an employer with respect to Your use of the elleflex Site and the elleflex team shall not be responsible for any employment decisions made by its users posting jobs on the elleflex Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from the elleflex Site, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from elleflex’s databases. Information may continue to be available for a certain period of time because of delays in propagating such deletion through elleflex’s web servers.
When You post jobs on the elleflex Site, Your job posting shall not contain:
As an employer or recruiter, you shall use the elleflex Site resume database in accordance and in compliance with all applicable privacy and data protection laws and You undertake not to disclose any of the information from the elleflex Site resume database to any third party unless You obtain the prior written consent from the elleflex team. You also undertake to protect the information obtained from the elleflex Site resume database from unauthorized usage, destruction, loss or alteration by taking the appropriate technical, physical or operational measures.
When they register with elleflex, talents have the option to make their resume confidential which will restrict the view and access of their resume by users searching on the elleflex Site resume database.
Users of the elleflex Site resume database are not allowed to provide talents with information that is not job related or that is for promotional or advertising purposes. The elleflex team reserves the right to restrict the access to its resume database to anyone who uses the database in an abusive manner or in violation of these Terms. The elleflex team also reserves the right to terminate Your account and delete all of Your data after a significant period of inactivity.
Any Site Content is the proprietary information of elleflex, with all rights reserved by elleflex. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the elleflex’s prior written permission in each instance. The elleflex team may, but is not obligated to, review the elleflex Site and may delete or remove (without notice) any Site Content in its sole discretion, for any reason or no reason, including Site Content that in the sole judgment of elleflex violates applicable law. Subject to the terms and conditions of these Terms, You are granted a limited license to access and use the elleflex Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for Your own use, provided that You keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the elleflex Site or the Site Content other than as specifically authorized herein, without the prior written permission of the elleflex team, is strictly prohibited and will terminate Your limited license granted herein. Such unauthorized use may also violate applicable laws including securities, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. If You breach these Terms, the elleflex team will provide you with written notice of such breach and You will have thirty (30) days to cure such breach. If such breach is not cured within the 30-day period, the elleflex team may revoke Your license hereunder. If You wish to make any use of Site Content other than as set forth in this section, please address Your request to info@elleflex.com
The elleflex name, the terms, the elleflex logo, and all related names, logos, product and service names, designs, and slogans are trademarks of elleflex. You must not use such marks without prior written permission of the elleflex team. All other names, logos, product and service names, designs, and slogans on the elleflex Site are the trademark of their respective owners.
It is the elleflex’s policy to respond to notices of alleged copyright infringement that comply with the applicable copyright laws. Elleflex prohibits the posting and/or sharing on the elleflex Site any information that infringes or violates the copyright rights and/or other intellectual property rights of any person or entity. If you suspect that Your copyright or other intellectual property right that You are tasked with enforcing is violated by or infringed on by any Site Content, please contact the elleflex team at info@elleflex.com with the details of the alleged infringement. The elleflex team reserves the right to terminate in appropriate circumstances the accounts of users who infringe or are believed to be infringing the rights of copyright holders. In addition, elleflex accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You represent, warrant and agree the information or materials of any kind submitted or shared by You on or through the Services will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain otherwise unlawful material.
You understand and acknowledge that You are solely responsible for all content (including any contents you participate in, information provided by way of any Services, profile information, and text/design/content of any kind) that You provide to elleflex or share on or through the elleflex Site, or transmit to or share with other users of the elleflex Site (collectively the “User Content”). Elleflex is not responsible and shall not be held liable for the accuracy of any User Content or for validating the availability and/or use of such content on the elleflex Site. When You provide User Content to the elleflex, You authorize and direct us to make such copies and backups thereof as we deem necessary in order to facilitate the posting and storage of Site Content. By providing User Content to elleflex, You automatically grant, without compensation to you, and You represent and warrant that You have the right to grant, to elleflex an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, royalty-free, worldwide license (with the right to sublicense through multiple tiers) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, (including, without limitation, any commercial purpose, including, advertising and/or promotional purposes, and/or any other purpose) on or in connection with the elleflex Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, with or without compensation to elleflex; provided, that it is our policy that User not be identified in Site Content. You represent and warrant that all User Content does and will comply with these Terms. You further represent that elleflex may exercise the rights granted herein for User Content in a manner that will not cause ellelflex to infringe anyone’s intellectual property rights and that User Content will be free from viruses, infringing materials or libelous or slanderous materials.
You agree that User Content will not be considered confidential and may be used by elleflex in a manner that permits others to view such User Content. All Registration Data shall be kept confidential by elleflex. In performing or offering the Services, elleflex may be exposed to confidential information of users, including, but not limited to, information not generally known and proprietary to users including those companies’ profiles, research and business or marketing strategies. Upon request of users, elleflex shall remove confidential information from the transcript of the data and return to users all materials, in any medium, which contain, embody, reflect or reference all or any part of such confidential information.
The elleflex Site and Services may contain links to third-party websites or resources. You acknowledge and agree that elleflex is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by elleflex of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT. ELLEFLEX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
ELLEFLEX WILL NOT BE LIABLE FOR ANY LOST PROFITS AND INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN ADDITION, AND WITHOUT LIMITATION, ELLEFLEX WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF ELLEFLEX FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ELLEFLEX TO ACCESS AND USE THE SERVICES. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
While we try to maintain the integrity and security of the Services, we do not guarantee that the Services will be or remain secure, complete or correct, or that access to the Services will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Services or any content viewed through the Services. If You become aware of any unauthorized third party alteration to the Services, contact us at info@elleflex.com with a description of the material(s) at issue and the URL or location on our website or Services where such material(s) appear.
Your use of the elleflex Site and Services are not intended to and shall not be interpreted to create any attorney-client or other professional-client (e.g. CPA, etc.) relationship between You and ellelflex or any other User. WHILE SITE CONTENT MAY CONCERN LEGAL ISSUES, ACCOUNTING ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT LEGAL ADVICE, ACCOUNTING ADVICE OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED IN CONNECTION WITH THE SERVICES WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION, OR THE ADVICE OF A COMPETENT PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER. ELLEFLEX EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES. IF YOU BELIEVE YOU REQUIRE LEGAL ADVICE OR OTHER EXPERT ASSISTANCE, YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL.
Elleflex does not knowingly provide information on or in connection with the Services that is incomplete, inaccurate and out of date but none-the-less, Site Content may occasionally be inaccurate, incomplete or out of date and we are under no obligation to update such material. Accordingly, we make no representation as to the completeness, accuracy or correctness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted in the Services. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Services do not imply elleflex’s endorsement of such third-party products or services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased in connection with the Services. We disclaim all liability and responsibility arising from any reliance placed on such information by You or any other visitor to the elleflex Site, or by anyone who may be informed of any of its contents. The Services and Site Content may be updated or revised (including having certain Site Content) removed at the discretion of the elleflex team at any time.
You agree to defend, indemnify, save, and hold elleflex harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Services, any violation by You of these Terms, or any breach of the representations, warranties and covenants made by You herein. Elleflex reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify elleflex and you agree to cooperate with the elleflex’s defense of these claims. Elleflex will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this Section will survive any termination of these Terms.
These Terms are governed by the internal substantive laws of the Province of Quebec and the applicable laws of 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 Montreal, Province of Quebec. If any provision of these Terms are 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, 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, elleflex’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect elleflex’s ability to enforce such term at any point in the future.
These Terms will remain in full force and effect while You are a user of the elleflex Site. The elleflex team reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to the removal of Your information from the elleflex Site and immediate termination of Your registration with or ability to access the elleflex Sites and/or any other services provided to You by elleflex, upon any breach by You of these Terms or if elleflex is unable to verify or authenticate any information You submit with respect to Your registration to the elleflex Site. Certain provisions of these Terms will survive any termination of these Terms and will remain in effect, including Sections 1, 2, 5 through 12, inclusively.
If any term, condition, or provision of these Terms (or part thereof) is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions (or parts thereof) shall not in any way be affected or impaired.
Elleflex’s relationship to You shall be that of an independent contractor. Nothing in this Agreement shall be construed to create any partnership, joint venture, employer-employee or agency relationship between elleflex and its users or its affiliates.
You may not assign, transfer or sublicense any or all of Your rights or obligations under these Terms without elleflex express prior written consent, and any prohibited assignment, transfer or sublicense is void. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No professional-client relationships shall be formed on the elleflex Site. Communications on the elleflex Site are not confidential and shall not be the subject of any associated privileges. Communications on the elleflex Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
These Terms constitute the entire agreement between You and elleflex relating to the subject matter herein, and supersedes any and all prior and contemporaneous oral and written agreements, writings, and all other communications between the parties. In the event that there is a conflict between these Terms and any separate acknowledgements and/or undertakings given by You to elleflex in connection with any Services these Terms will prevail. Any amendment to these Terms must be in writing, accepted by both parties and expressed to constitute an amendment to these Terms.
This site is operated by elleflex. All notices of copyright infringement claims or other feedback, comments, requests for technical support, and other communications relating to the elleflex Site should be directed to info@elleflex.com