United States Terms & Conditions

Introduction and General Guidelines

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1. You agree to these Terms and Conditions when you sign up for Swob Inc.’s App.
2. Swob is not an employer, co-employer, or Professional Employment Organization (“PEO”) - it is a job posting service. Swob does not have any rights or obligations as your employer and is not, under any circumstances, liable for any of your employer, potential employer or
   ex-employer’s actions or inactions.
3. You agree that all information you provide and any documents you upload in your Swob Profile are accurate, truthful, and comply with all applicable laws.
4. Employers must make all job postings on Swob accurate, truthful, and compliant with all applicable laws. [1]
5. When applying or interviewing for a job, you are providing personal information about yourself. Privacy laws may apply. Read our Privacy Policy. Here
6. It is your responsibility to educate yourself on your employment rights so that you can have informed and factual discussions with your employer about breaks, overtime, and other basic legal entitlements.
7. You must be at least 14 years old to use this App and to join Swob. There may also be minimum age requirements for certain jobs in your region. It is your responsibility to talk to your potential employer for more information and you may click Here for more information.
   
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Terms and Conditions of Use

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Swob Inc. (“Swob”) provides Users with access to a job board through Swob’s website,www.swobapp.com , and allows Clients to post job opportunities on Swob’s website that will be visible within Swob’s related App.
Please read these Terms and Conditions (“Terms”) very carefully before using the Website, App and/or the Swob Services. You agree that by clicking “Join Now”, “Join”, “Sign Up” or similar, registering, accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with Swob (even if you are using our Services on behalf of a company). If you do not agree to this Contract, do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.

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1. Definitions

1. "Website" or the "Site" means any web site under Swob's control, whether partial or otherwise, and includes such Site's content, text, graphics, design, programming, and Services (as applicable in each context).
   
   
2. "Content" means Swob's: (i) web pages, web forms, programming (including software code used on the Sites and in the Services, including: (a) tools, kits, and object libraries, (b) all third-party or open source code embedded therein, as well as any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), (ii) graphics, images, design (color combinations and page layout) and text, (iii) information, data or resumes stored in various commercial databases operated and licensed by Swob, data submitted via the Sites by Users and other content made available through the Sites by Swob.
   
   
3. "Document" refers to any posting to a Site, whether job or resume.
   
   
4. “Client” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
   
   
5. "Client Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, Documents or other materials provided by Client, if any, for use in connection with the Services.
   
   
6. "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as Client. Job Seeker includes students.
   
   
7. "Services" means any services provided by Swob or its agents described herein, including the Swob mobile application.
   
   
8. "User" refers to any individual or entity that uses any aspect of the Sites, and includes Job Seekers and Clients.
   
   
9. "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions, and includes Job Seekers and Clients.
   
   
10. “Employer Profile” means any information uploaded by the Client to the Services about the Client.
    
    
11. “App” refers to the Swob mobile application.
    
    
12. “Contract” or “Agreement” refers to this contract or agreement between You and Swob.
    
    
13. “Registration Form” refers to a document provided by Swob that a User completes in order to register to use the Services.
14. “Confidential Information” refers to (a) all Swob software, technology, programming, specifications, materials, guidelines and documentation relating to the Services; (b) click-through rates or other performance statistics relating to the Services; and (c) any other information designated in writing by Swob as “Confidential” or an equivalent designation.

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2. The App & Services

1. The Website and App are owned and managed by Swob Inc., of 199 Kimber Crescent, Toronto Ontario L4L 9K3.
   
   
2. In consideration for the payment of the fees and upon completing a Registration Form, Swob shall provide the Client with Services as described on the Website, which allow the Client to upload job posts through the employer dashboard on the Website, to which Job Seekers can apply through the App. The Services typically include the following key features:
   
   
   1. Ability to create a “job post”, including descriptions of an employment or contractor role or position that the Client is seeking to fill;
   2. Ability to upload and populate “Employer Profile”, including information about the Client organization or any job post;
   3. Access to view the Swob “Profile” of a Candidate who applies for a job post with the Client, which includes viewing the information submitted by a Candidate through the Services which may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history, similar to a resume; and
   4. Any other features and functionalities provided by Swob to the Client from time to time.
      
      
3. Each Client shall complete a Registration Form prior to accessing the Services. These Terms are expressly incorporated into and form part of the terms and conditions included in the Registration Form required to use the Services.
   
   
4. Swob’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Client’s behalf or representing the Client. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Client and Swob, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party. For the avoidance of doubt, Swob’s obligations shall be limited only to the provision of the Services and shall not, under any circumstances, have any rights or obligations as an employer, co-employer, or Professional Employment Organization (“PEO”) nor be held liable for any actions or inaction of the employer, potential employer, or ex-employer.
   
   
5. Swob may from time to time add, modify, suspend, or cease (temporarily or permanently) the Services or any part of the Services.
   
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6. Swob shall have no obligation to notify the Client in the event of an unplanned service downtime. In the event of a planned service downtime with respect to the Services, Swob shall use its reasonable efforts to notify the Client in advance of any such planned service downtime.

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3. Registration

1. Swob shall send the Client a confirmation email once Swob has accepted and confirmed the Client’s registration through the Registration Form. The Client’s agreement to use the Services in accordance with these Terms commences on the date of the confirmation email.
   
   
2. Swob reserves the right to conduct verification and security procedures relating to all information provided by the Client to Swob. If Swob has reason to believe that the information provided by the Client, including any information found within Client Materials, to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, Swob, at its sole discretion, may take any action that it deems appropriate including without limitation, termination of the Client’s Contract.
   
   
3. These Terms shall apply to any and all representatives of a Client who access and use the Services. The Client acknowledges and agrees that:
   
   
   1. all Client representatives must use the corporate email address allocated to them by the Client when creating an Employer Profile; and
   2. the Client is directly liable to Swob at all times for the acts or omissions of the Client’s representatives.
      
      
4. The Client shall, and shall ensure its Client representatives, keep any Client usernames and passwords safe and secure to ensure that they are not used without the Client’s permission. The Client must immediately notify Swob if it has reason to believe that there has been unauthorized use or access to the Client’s logins and/or the Client’s Employer Profile on the Website or App. The Client shall be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of the Client’s logins to access the Services, whether such use is authorized by the Client or not.
   
   
5. At any time upon notice to the Client, Swob may require the Client to execute any further Documents to confirm the Client’s acceptance of, or give full effect to, these Terms.

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4. Client obligations

1. The Client shall at all times use the Services in accordance with these Terms.
   
   
2. The Client shall ensure that its use of the Services, including the submission of any information, data, images, logos, videos, audio, files, links to external applications, any communications, and all other material of any format:
   
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   1. comply with all applicable law and legislation
   2. do not infringe property law, any intellectual property rights or other proprietary rights of any third party;
   3. are not reasonably deemed to be:
   4. offensive, illegal, inappropriate or in any way:
   5. promote discrimination, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   6. harass or advocate harassment of another person;
   7. display pornographic or sexually explicit material;
   8. promote any conduct that is abusive, threatening, obscene, defamatory or libelous;
   9. promote any illegal activities;
   10. provide instructional information about illegal activities, including violating someone else’s privacy;
   11. create computer viruses or implement any form of software or scripts onto the Website or App that have the appearance of coming from a User or student candidate (for the avoidance of doubt, this shall not apply to API use);
   12. promote or contain information that you know or believe to be inaccurate, false or misleading;
   13. engage in the promotion of contests, sweepstakes and pyramid schemes, without Swob’s prior written consent;
   14. exploit people in a sexual or violent manner; or
   15. invade or violate any third party’s right to privacy;
   16. publish job posts that do not correspond to actual unfilled full time/part-time/hourly employment/contract positions;
   17. publish job posts for multi-level marketing positions, pyramid schemes or self-employed opportunities;
   18. publish job posts with the aim of harvesting Candidates for any reason other than legitimate employment;
   19. publish job posts that direct Candidates to apply through means that are not supported by Swob, its Website or the App;
   20. publish job posts on behalf of a company without their knowledge and consent;
   21. request payments from Candidates; and
   22. transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming."
       
       
3. Unless otherwise explicitly stated by Swob, Swob does not vet, verify the accuracy, correctness and completeness, edit or modify any submissions or any other information, data and materials created, used and/or published by the Client on the Website or App to determine whether they may result in any liability to any third party. The Client hereby warrants that the Client has the right to use all such information and material, and that Swob has the right to use such information and material once submitted.
   
   
4. Swob reserves the right to refuse to publish any job posts, or to at any time remove or edit a job post (in whole or in part), if Swob has reason to believe that the Client’s use of the Services breaches these Terms.
   
   
5. The Client shall not:
   
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   1. at any time use the Services with the purpose of impersonating another User or person;
   2. use the information made available to the Client through its use of the Services for any purpose other than in connection with the recruitment of its workforce; or
   3. do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.
      
      
6. Swob takes breaches of the Terms, and in particular, this Section D, very seriously and therefore reserves the right to take any action that Swob deems necessary. This can include, without limitation, immediate suspension or termination of the Client’s use of the Services. In certain circumstances Swob may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website or App that constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Client shall promptly notify Swob if it is aware of any or any suspected breaches of this Section D by its Client representatives.

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5. Client interaction with Candidates

1. The Client shall ensure that any job posts it publishes through the Services contains sufficient information to allow a Candidate to make an informed decision regarding application to the role in question.
   
   
2. The Client warrants and represents that the information provided pursuant to this section and in respect of the Employer Profile shall be correct, complete, accurate and up to date. In the event the information in the job post or the Employer Profile is incorrect, incomplete, inaccurate or out of date, then the Client must immediately take all necessary steps to rectify such information.
   
   
3. The Client shall at all times use the Services in accordance with all applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation.
4. The Client is solely responsible for the use of the Services and its internal management of the recruitment process, for each Candidate search the Client undertakes and any job post advertised by the Client through the Website or App. The Client is also responsible for confirming:
   
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   1. each Candidate's qualifications, skills, training and experience;
   2. that the Candidate has the right to work in the relevant jurisdiction; and
   3. procuring from the Candidate all information reasonably required by the Client to determine the Candidate’s suitability to the job post.
      
      
5. The Client acknowledges that Swob is not liable for the behavior, responses, actions, or inactions of the Candidate.. Swob does not warrant, represent, or guarantee that the Client will be able to fill the job post using the Services.
   
   
6. The Client shall at all times keep all information including without limitation, the Candidates’ Profiles, communication and correspondences between the Client, Swob and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential.
   
   
7. The Services shall be personal to the Client organization and the Client has no right whatsoever to resell the Services to any third party for any reason without the express written approval of Swob.
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8. The Client acknowledges and agrees that it is the Client’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary or permanent employment, or as an independent contractor) and/or engages or employs Candidates in a legally compliant manner. Swob is not liable for any loss or damage suffered by the Client resulting from any such contractual arrangements, engagements, or employment and the Client hereby releases and holds harmless Swob from any such loss or damage or any liability in relation to any contractual arrangement, engagement, or employment.

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6. Fees

1. The monthly / annual fees to access the Services are as set out on the applicable Registration Form. The Client may only access the Services by paying the fees.
   
   
2. Fees shall be payable by the Client monthly in advance, in the manner as set out on the Registration Form.
   
   
3. All fees are exclusive of other taxes or duties, and are non-refundable for any reason whatsoever.

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7. Termination of this Contract.

1. The Client may terminate their Contract at any time by canceling their registration on the Website. Fees paid in advance by the Client are non-refundable.
   
   
2. Swob may cancel all or part of the Services, or may suspend your access to the Services at our sole discretion, at any time, with or without prior notice. If you wish to terminate your use of the Services, you may do so at any time. Swob may also, in its sole discretion, refuse to offer the Services to anyone, without providing a reason.
   
   
3. Swob shall be entitled to suspend and/or terminate the Client’s access and use of the Services upon notice or if Swob has reason to believe the Client has breached any of the provisions of these Terms.
   
   
4. Upon termination of the Client’s use of the Services in accordance with this Section G, the Client may no longer access or use the Services.

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8. Warranties

1. The Client hereby warrants that (a) the Client has the right and capacity to enter into and be bound by these Terms; and (b) the Client shall comply with all applicable laws regarding the Client’s use of the Services; and (c) and the Client agrees to abide by the rules and reasonable directions of Swob relating to the Services as may be provided by Swob from time-to-time.
   
   
2. Swob relies on other service providers (such as data centers, network provider, telecommunication providers) to make the Services available to the Client. While Swob takes all reasonable steps available to it to provide the Client with a good level of service, Swob does not guarantee that such service shall be fault free or uninterrupted at all times. Swob therefore shall not be liable in any way for any losses the Client may suffer as a result of delays or failures of the Services as a result of Swob’s service providers.
   
   
3. Swob may display or provide links or other interaction with third party Apps and third party advertising banners on the App (“Third Party Apps”). In particular, the Services may also provide the Client with the opportunity to share job posts and other Client information through
   Third Party Apps and other third party services such as social and business networking sites. Use of any such Third Party Apps and services shall be at the risk of the Client and subject to the Terms and conditions of the Third Party App provider.
   
   
4. THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE SWOB AND THE SITE AT YOUR OWN RISK. SWOB AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, SWOB AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SWOB AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY SWOB. SWOB IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
   
   
5. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

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9. Limitation of Liability

1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SWOB OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF SWOB OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SWOB AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID SWOB TO USE THE SITE.

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10. Intellectual Property Rights

1. The “Swob” trademark and trade name are owned by Swob Inc. The Services and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) created by Swob for the Website and App belong to Swob, and Swob reserves all of its rights in the Services and Swob Content. Client does not possess a right or license to use any copyright, trademark, design right or patent owned or controlled by Swob or any other third party except as expressly provided in the Terms.
   
   
2. The Client is granted a limited, nonexclusive, nontransferable, non-licensable, revocable license to access Content and use the Services; however, such license is subject to these Terms and does not include any right to: (a) sell or resell Swob Content and Services; (b) copy, reproduce, distribute, publicly perform or publicly display Swob Content, except as expressly permitted by Swob; (c) modify the Swob Content, or a third party’s job posts, Employer Profiles, Profiles, or remove any proprietary rights notices or markings, or otherwise make any derivative uses of Swob Content, or third party’s job posts, Employer Profiles, Profiles, except as expressly set forth in these Terms;
   (d) use Swob Content and Services other than as expressly provided in these Terms; or (e) reproduce, duplicate, reverse engineer, copy or re-sell the App or any part of the App, save as may be permitted by these Terms. The Client will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Swob Content and App or a
   third party’s job posts, Employer Profiles, and other profiles.
   
   
3. The Client hereby grants to Swob an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which the Client submits to Swob or the App for the purpose of use on the App or for generally marketing (by any means and in any media) Swob’s Services.
   
   
4. The parties acknowledge that, in the event of any third party claim that the App or the Client’s use of the App infringes that third party’s intellectual property rights, Swob, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim pursuant to Section L Indemnification.

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11. K. Arbitration Agreement

1. PLEASE READ THIS SECTION CAREFULLY. It contains arbitration provisions, which will, with limited exception, require you to submit disputes you may have against Swob to binding and final arbitration to the extent that applicable laws permit the inclusion of arbitration provisions in these Terms.
   
   
2. Mandatory Agreement to Arbitrate. To the extent permitted by applicable law, you and Swob agree that any claim or dispute at law or equity that has arisen or may arise in any way relating to this or previous versions of the Swob Terms or to your use of Swob Sites, Applications or Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the relationship) (hereinafter “Disputes”), will be resolved by binding individual (not class) arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. Each party shall bear its own costs, including attorney fees.
   
   
3. You and Swob further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Agreement of any claim or counterclaim. Notwithstanding the foregoing, Swob may seek injunctive relief or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
   
   
4. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT TO RESOLVE DISPUTES WITH SWOB. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
   
   
5. The arbitrator must follow these Terms and Arbitration Agreement as a court would, and can award the same damages and relief as a court, except that the arbitrator may not award any relief, including declaratory relief or injunctive relief, benefiting anyone but the parties to the arbitration. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. These arbitration provisions will survive the termination of the relationship between you and Swob.
   
   
6. Applicable to Clients in Canada: Arbitration shall be initiated through an established alternative dispute resolution provider (“ADRProvider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are inconflict with these Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonablywithhold consent to use such ADR Provider.
   
   
7. Applicable to Clients in the United States: To the extent that the above arbitration rules applicable to clients in Canada are unenforceable to clients in the United States, the Federal Arbitration Act will apply and the arbitration will be governed by the American Arbitration Association (“AAA”) Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes, available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Swob.
   
   
8. Prohibition of Class, Representative, and Consolidated Actions. YOU AND SWOB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
   
   
9. Unless both you and Swob agree otherwise, no arbitrator or judge may join more than one party’s claims and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim and only to the extent necessary to provide relief warranted by that party’s individual claim, if such relief is warranted by the facts and law. The arbitration award shall be final and binding upon the parties without appeal or review, except as permitted by applicable law. Any relief awarded by the arbitrator will not affect other Clients. If a court decides that applicable law precludes enforcement of any of the limitations set forth in these arbitration provisions as to a particular claim for relief, then that claim and only that claim must be severed from the arbitration and may be brought in court.
   
   
10. If for any reason a claim proceeds in court rather than in arbitration, both you and Swob waive any right to a jury trial. You and Swob also both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
    
    
11. Restrictions. Notwithstanding the arbitration provisions herein, you and Swob both agree that nothing in this Arbitration Agreement will be
    deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court; or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or Swob from bringing issues to the attention of federal, state/provincial, or local agencies. Such agencies can, if the law allows, seek relief against Swob on your behalf (or vice versa).
    
    

Opting Out of Arbitration. To the extent required by applicable law, you may opt-out and not be bound by the arbitration provisions set forth herein by sending written notice of your decision to opt-out to support@swobapp.com or to 199 Kimber Crescent, Vaughan Ontario, L4L 9K3. The notice must be received by Swob within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate Disputes in accordance with the Terms herein. If you opt-out of these arbitration provisions, Swob will also not be bound by them.

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12. L. Indemnification

1. You agree to defend, indemnify and hold harmless Swob from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of the Contract; (b) your use of, and access to, the Services; (c) your loss of, or disclosure of, information gained from using the Services; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Swob as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your decision to add, create, or use the Services, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) your actions as a Client, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend Swob against such claims. You agree that this indemnity extends to requiring you to pay for Swob’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Contract and your use of the Services.

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13. M. Conduct Rules

1. You may not post any Document to the Website that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site; (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) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
   
   
2. You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; or (iii) post advertisements or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership").
   
   
3. Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted.
   
   
4. Job postings must describe individual openings for traditional, full-time, part-time or contractual employment. You may not advertise multiple job openings in a single posting.
   
   
5. In limited circumstances, at Swob's sole discretion, Swob allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Website. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Swob reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Swob deems such job posting to conflict with the best interests of its Users or detract from the User experience.
   
   
6. 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.
   
   
7. Swob is under no obligation to monitor the Documents posted on the Website, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Swob's sole discretion.
   
   
8. 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 Client's business are prohibited.
   
   
9. You may not send unsolicited commercial email to Users, including electronic communications that offer, advertise, market or promote a product or service.
10. Protect your password. Your Swob account and any related Services accessed through such account are to be accessed and used solely by you. You may not provide your password or otherwise permit access to your Swob account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Website. You agree to notify Swob immediately of any unauthorized use of your account or password.
    
    
11. You may not delete or revise any material posted by any other person or entity.
    
    
12. If at any time Swob comes to the understanding that you: (i) misled Swob regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Swob reserves the right to terminate your Agreement.
    
    
13. Users are prohibited from violating or attempting to violate the security of the Website, 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 Website, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail or other electronic communications, 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 or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message; (vi) altering transmission data without consent; (vii) harvesting e-mail or other electronic addresses through automated means without consent.
    
    
14. Violation of these Posting Rules may result in civil or criminal liability. Swob 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.

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14. N. General

1. Governing Law and Jurisdiction. These Terms (and any non-contractual disputes/claims arising out of or in connection with them) and your relationship with Swob shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively by and in accordance with, the laws of the State of Delaware.
   
   
2. Unless you and Swob agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute, legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Sites or Services, and any and all Disputes under these Terms (and any non-contractual disputes/claims arising out of or in connection with them) will be resolved by the courts of the State of Delaware, and you consent to the jurisdiction of and venue in such courts and waive any and all objections to the exercise of jurisdiction over you by such courts, as to venue in such courts, and as to inconvenient forum.
   
   
3. If at any time, Swob declines to insist on strict performance of the obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Client from compliance with such obligations. No waiver by Swob of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Client in writing.
   
   
4. If any of these Terms are found to be illegal or otherwise unenforceable by any court of competent jurisdiction, that part will be severed from these Terms and the remaining Terms will remain in full force and effect.
   
   
5. These Terms, including any terms incorporated herein, represent the entire Agreement between the Client and Swob relating to the Client’s use of the Services and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
   
   
6. The Client acknowledges that in entering into these Terms, the Client has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, App, the internet or in negotiation between the parties except as expressly set out in these Terms.
   
   
7. Swob reserves the right to modify these Terms at any time. Any changes Swob may make to this document in the future will be notified and made available to the Client using the App.

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