Harvest Builders Inc. (d.b.a. DoNotApply) (referred to below as "DNA", "us" or "we") provides the website: https://www.donotapply.io/, its DNA platform and various related services, including external social media sites (collectively, the "Platform") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms"), as well as any other written agreement between us and you. BY ACCESSING OR USING THE PLATFORM YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms were most recently updated on: August 29th, 2022.
We provide the Platform for individual users who are interested in employment opportunities ("Talent") with a product that matches them to companies ("Employers") and allows them to build their profile and potentially meet with Employer recruiters. The Platform is currently made available to Talent free of charge.
You may use the Platform only if you are legally able to form a binding contract in Alberta, Canada or in your jurisdiction.
As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform and/or its contents.
We reserve the right, in our sole discretion, to either modify or discontinue the Platform, including any of the related features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Platform shall also be subject to these Terms.
You are solely responsible for your use of the Platform and any content you submit as part of your use of the Platform, including content you submit to our external social media sites.
When using the Platform, you agree to abide by the following standards:
In addition, you agree as follows with respect to your use of the Platform:
We neither endorse nor assume any liability for the contents of any material on the Platform, including material uploaded or submitted by any Talent or other third-party users of the Platform.
You may not use your Account or the Platform to breach security of another Account or attempt to gain unauthorized access to another network or server. Not all areas of the Platform may be available to you or other authorized users of the Platform. You shall not interfere with anyone else's use and enjoyment of the Platform or other similar services. Users who violate systems or network security may incur criminal or civil liability.
YOUR FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS AND RESTRICTIONS OF USE CONSTITUTES GROUNDS FOR US TO IMMEDIATELY, AND IN OUR SOLE DISCRETION, REMOVE ANY CONTENT OR INFORMATION THAT YOU HAVE MADE AVAILABLE THROUGH THE PLATFORM AND TERMINATE YOUR ACCESS TO AND USE OF THE PLATFORM AND ITS CONTENTS. You agree that we may at any time, and at our sole discretion, terminate your membership, Account, or other affiliation with the Platform without prior notice to you for violating any of the above provisions and furthermore, that we may remove any content or information that you have made accessible through the Platform and that we believe, in our sole discretion, violates these Terms. IN SUCH EVENT, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH THE TERMS OR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OF THE PLATFORM, NOR FOR ANY INTERRUPTION OR TERMINATION OF YOUR ACCESS OR USE OF THE PLATFORM.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Platform, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
When you access the Platform, you will have the opportunity to register and create an account with a username and password ("Account"). To be eligible for the Platform you must be at least 18 years old. We reserve the right, in our sole discretion, to accept or reject your registration to use our Platform. If your registration is accepted, you will be allowed to use our Platform. DNA has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform at any time and for any reason.
In registering for an Account on the Platform, you agree: (1) to provide true, accurate, current, and complete information about yourself and your organization, as applicable; and (2) to maintain and promptly update the information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. If you provide any content on the Platform (via your Account, or via any of your interactions within the Platform) that is untrue, inaccurate, not current, or incomplete, or DNA has reasonable grounds to suspect that any such content is untrue, inaccurate, not current or incomplete, DNA has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform.
You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Account password. You are required to promptly notify us should you suspect or become aware of any unauthorized use of your Account. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself or your organization. You agree that you shall not have more than one Account. You undertake that your login may only be used by you and a login shared by multiple people is not permitted. You agree not to create an Account or use the Platform if you have been previously removed by DNA, or if you have been previously banned from the Platform.
Once you have created an Account and filled out your preferences and other requested information, you will be able to use the Platform.
We would like to send you electronic communications such as e-mails about our products and services including about your existing products and services as well as newsletters, resources, invites to events, updates, and new offers and opportunities. To comply with the Canadian Anti-Spam Legislation (CASL), DNA is required to obtain your consent prior to sending you such communications. Please confirm your consent to receiving such communications by checking the boxes on our DNA Platform Sign-up page. You may opt-out of receiving such communications at any time by contacting us at the address below. Please note that we may still send you communications for which we do not require your consent.
While using the Platform, you will have access to: (i) content that you upload or provide while using the Platform ("Your Content"); (ii) content that other users (e.g., Talent) upload or provide while using the Platform ("Talent Content"); and (iii) content that we provide on and through the Platform ("DNA Content"). For greater certainty, "content" means all text, images, video, audio, or other material on the Platform, including information on users' profiles and in direct messages between users.
You are solely responsible for Your Content, including ensuring that Your Content is relevant to the intended use of the Platform. You represent and warrant to us that the information you provide to us, or any other user is accurate, does not breach these Terms and that you will update your Account information as necessary to ensure its accuracy.
You acknowledge and agree that Your Content may be viewed by other users and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant that you have all necessary rights and licenses to do so and automatically grant DNA a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify and distribute Your Content, in whole or in part. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time in our sole discretion. Further, you acknowledge and agree that DNA has no obligation to display or review Your Content.
Other users will also share content on the Platform. Talent Content belongs to the user who posted the content and is stored on DNA's servers and displayed at the direction of that user. You do not have any rights in relation to Talent Content, and you may only use Talent Content to the extent that your use is consistent with the purposes of the Platform.
Any other information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Platform, and other intellectual property appearing on the Platform, is owned, controlled or licensed by DNA and protected by intellectual property rights. All right, title and interest in and to DNA Content remains with DNA at all times. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Platform will not infringe the rights, including without limitation intellectual property rights, of third parties.
You have an opportunity to use the Platform to view Talent Content and engage in conversations with Talent to discuss employment opportunities.
We cannot confirm the accuracy or completeness of any Talent Content or other information collected by DNA, submitted by any Talent or other user. DNA assumes no responsibility, and disclaims all liability for any such information's accuracy, completeness, legality and reliability.
When you view, send, store or receive information through or using the Platform, DNA may, for example, use such information for its internal business purposes including but not limited to data analysis, quality control, or to refine the Platform or any other product or service (including to provide better match results for Talent and Employers), whether via automated means or otherwise.
You may receive messages, emails or email notifications corresponding with your activity on or use of the Platform. In all cases, such messages or notifications are provided solely as a courtesy. DNA disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. You can contact us anytime if you have a complaint about our Platform by emailing email@example.com or by writing to us at our registered office address below.
While you retain rights in such communications, content or material, you grant us and our Affiliates a non-exclusive, irrevocable, royalty-free and fully paid-up, perpetual, sublicensable, transferable and universal right and license to:
You also waive your moral rights in such communications, content or material in favour of DNA and our Affiliates.
You shall be solely responsible for Your Content and the consequences of submitting Your Content to us and the Platform. Where you are uploading or posting any information or other content to the Platform, you represent and warrant to us that you have the right to post this content and to grant the licenses to us described in these Terms, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms.
THE PLATFORM AND ALL MATERIALS ON THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM AND MATERIALS WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE PLATFORM AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM AND THE MATERIALS ON THE PLATFORM AT ANY TIME WITHOUT NOTICE. THE PLATFORM OR THE MATERIALS ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE PLATFORM OR SUCH MATERIALS.
THE PLATFORM COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE PLATFORM PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE PLATFORM OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH THREATS OR ACTIVITIES.
Content available through the Platform often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized DNA spokesperson speaking in his/her official capacity. Content we provide on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.
You understand and agree that temporary interruptions of the services available through the Platform may occur as normal events.
You further understand and agree that we have no control over third party networks you may access in the course of the use of the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBPLATFORMS REFERENCED OR LINKED TO FROM THE PLATFORM.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, YOUR USE OF THE PLATFORM AND/OR RELATED PLATFORM OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.
DNA has no special relationship with or fiduciary duty to you. You acknowledge that DNA has no control over, and no duty to take any action regarding: which users gain access to the Platform; what content you access via the Platform; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release DNA from all liability for you having acquired or not acquired content through the Platform.
UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE PLATFORM, YOUR VIOLATION OF ANY OF THE TERMS, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE PLATFORM.
Although the Platform may be accessible worldwide, we make no representation that materials on this Platform are appropriate or available for use in jurisdictions outside of Canada, the United States of America, or the European Union, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with the Platform is void where prohibited.
If you are dissatisfied with the Platform or these Terms, your sole and exclusive remedy is to discontinue using the Platform.
You agree that we may, in our sole discretion, terminate or suspend your Account or your access to all or part of the Platform with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The Platform (excluding any linked site) is controlled by us from our offices within Alberta, Canada. It can be accessed from other areas of Canada as well as other countries around the world. As each of these places has laws that may differ from those of Alberta, by accessing this Platform you agree with us that the statutes and laws of the Province of Alberta, without regard to any conflicts of laws principles or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Platform and the purchase of services available through the Platform. You agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Alberta for all matters arising from your use of the Platform.
Unless otherwise provided herein, these Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Any cause of action brought by you against us or our Affiliates must be instituted within two years from the date that you first know, or in the circumstances ought to know, about the cause of action and if you fail to take the appropriate legal steps to do that, you are hereby deemed to have waived your right to start an action and barred from doing so.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Platform, or use of or access to the Platform.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that or any other right or provision.
We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made. Your continued use of the Platform after such modifications or revisions will constitute your acknowledgement of the modified Terms, and your agreement to abide and be bound by the modified Terms.
You can contact us at: by email firstname.lastname@example.org or by mail using the details provided below: 553 Riverfront Ave SE Calgary, AB T2G 0G1