Intro

Brain Wave Holdings, Inc. operates several websites (“Sites”) including Jobsearch.ca, Torontojobs.com and Winnipegjobs.ca. Use of our Sites is conditional on these terms of service set forth below. By accessing our Sites, you agree to abide by these terms of service. If you do not agree, you may not use our sites.

Permitted Use

Our Sites are for your personal, non-commercial use only. If you wish to make commercial use of our Sites, you must enter into an agreement with Brain Wave Holdings, Inc. to do so in advance. Please email us at shaun@pilfold.com for more information.

Copyright & Intellectual Property

You agree to respect all intellectual property rights that Brain Wave Holdings, Inc. holds including any trademarks or copyrighted material that Net Boulevard may own or license. While we strive to ensure the accuracy of editorial material, we cannot guarantee its accuracy and we take no responsibility for errors. Brain Wave Holdings, Inc. reserves the right to correct, change, replace or delete any of this editorial content at any time and without notice to you.

Ownership and Rights to Use Materials

If you post content or submit material, you grant Net Boulevard a nonexclusive, worldwide, perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction.

Furthermore, you grant Brain Wave Holdings, Inc., its affiliates and sublicensees the right to use your name and/or username in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party.

You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. You will defend and indemnify Brain Wave Holdings, Inc. and its affiliates from any claims resulting from any content or materials you provide hereunder. To view our Privacy Policy, please click the Privacy Policy link below.

Account Registration

Some areas of our Sites require you to register. If you register, you agree to provide true, accurate, current and complete information about yourself and be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site to any third party.

We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.

No Warranties

Brain Wave Holdings, Inc. makes no representation or warranties as to the accuracy, completeness or timeliness of information appearing on its sites, all of which is provided on an “as is” basis. Brain Wave Holdings, Inc. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.

In the operation of job search, Brain Wave Holdings, Inc. does not control or warrant the accuracy, content or reliability of information prepared by third parties. Such information is included in our search results without warranty or representation solely to assist you in locating web pages that list employment opportunities. By its nature, this information can be incorrect, inaccurate, offensive or even harmful. Brain Wave Holdings, Inc. does not verify that parties whose job opportunities are included in its search results are who they claim to be. Brain Wave Holdings, Inc. has no control over, and will not be responsible for, employment and hiring decisions made by employers whose job opportunities are included in our search results.
Use of our Sites, and all information found on it, is done at your own risk. You release Brain Wave Holdings, Inc., its licensors and third parties mentioned on our Sites from all claims and damages relating to your use of our Sites.
Brain Wave Holdings, Inc. does not warrant that the Sites shall continue to operate, operate without interruptions, operate in a secure fashion or that it will be free of errors.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Brain Wave Holdings, Inc., ITS LICENSEES OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR USE, MISUSE OR RELIANCE UPON THE SITE. This limitation of liability and disclaimer shall apply:
(i) regardless of whether Brain Wave Holdings, Inc., its licensees or any third party mentioned on our Sites has received actual or deemed notice that the possibility of such loss or damage exists;
(ii) regardless of the form of action (whether contract, tort or otherwise), relief claimed or remedy sought;
(iii) to all losses and damages claimed, whether consequential, direct, indirect, special or punitive; and
(iv) regardless of the failure of any remedy or the “essential purpose” of these Terms of Service.

You agree that you download files and other materials via our Sites at your own risk and you will be solely responsible for any damages to your computer system or loss of data that results from such downloading. You agree that this limitation of liability clause has been included to permit the parties to fairly allocate risks between them and to make our Sites free and accessible for as many users as possible.

SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR SPECIAL DAMAGES AND, WHERE THIS EXISTS, PORTIONS OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Terms of Service Changes

Although most changes are likely to be minor, Brain Wave Holdings, Inc. reserves the right to change these Terms of Service at any time without notice to you. Continued use of the site after any change constitutes your acceptance of such a change.

Governing Law

These Terms of Service are governed by the laws of British Columbia and the federal laws of Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. If any of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall survive and remain enforceable.

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