Acceptance Of Terms
CareerConnector (“we”, “our” or “us”) provides its services to users (“you” or “your”) through our web site located at careerconnector.ca (the “site”), subject to these Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE SITE OR USE THE SERVICES OR CONTENT. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS VIA THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS:
By accepting these Terms, or by accessing and using the service or content, you represent and acknowledge that you have read, understood, and agree to be bound by these Terms, and that the information you provide is accurate, complete, and is yours or within your right to use.
You acknowledge that these Terms constitute an agreement between you and us, even though it is electronic and is not physically signed by you and us, and that these Terms govern Your use of the Service and supersede any other agreements between you and us.
Description Of Service. The “service” includes the web site and services provided to you through the web site including all software, data, text, images, sounds, videos, and other content made available through the site (collectively, “content”). Any new features added to or augmenting the service are also subject to these Terms. We make reasonable efforts to have the web site and services available 24×7, except for: (a) planned downtime or (b) circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond our control.
General Conditions/Access And Use Of The Service
Subject to the terms and conditions of these Terms, you agree to access and use the service only for your personal purposes. Except your limited right to access and use the service as expressly granted to you here, all rights, title and interest in and to the service and its components, including all related intellectual property rights, will remain with and belong exclusively to us and our third-party vendors.
Data Privacy And Security
In providing you the service, we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data.
Intellectual Property Rights
We shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use the service under these Terms do not convey any additional rights in the service, or in any Intellectual Property Rights associated therewith. You grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you. Our product and service names, and logos used or displayed on the service are our registered or unregistered trademarks (collectively, “Marks”), and you may only use such Marks to identify yourself as a customer and user of the service; provided you do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent us, or our services.
Third Party Services
External Sites. The Service may contain links to, or otherwise may allow You to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “other services”) in conjunction with our service. If you decide to access and use such other services, be advised that your use is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible for, and make no representations as to such other services, their content or the manner in which they handle your data. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such other services, or your reliance on the privacy practices or other policies of such other services.
Integration. The service may contain features that enable various other services (such as social media services like Facebook and Twitter) to be directly integrated into your experience. To take advantage of these features, you will be required to register for or log into such other services on their respective websites.
Cancellation And Termination
Disclaimer Of Warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation Of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR SUCH PARTY’S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY IN THESE TERMS, OUR (INCLUDING ANY OF OUR AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OUR SERVICE, SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
We may amend these Terms from time to time, in which case the new Terms will supersede prior versions.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
Export Compliance And Use Restrictions
Certain content and software components of the Service may be subject to Canadian export control and economic sanctions laws. If you are subject to Canadian laws, you agree to comply with all such laws and regulations as they relate to such software and content, and access and use of the service. You shall not access or use the service if you are located in any jurisdiction prohibited by Canadian Laws, and you shall also not provide access to the service to any government, entity or individual located in any such jurisdictions.
Relationship Of The Parties
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
Proprietary Content, Third Party Content and Trademarks
Proprietary Content. All right, title and interest in and to the site and all of its content, including, but not limited to, its software or HTML code and other computer code contained therein, trademarks, copyrights, text, articles, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and written materials and other materials that appear as part of the site (collectively, “Content”) are owned by CareerConnector, its subsidiaries or affiliates, and/or their licensors. All content is protected by national and international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know how and any other similar intellectual property rights recognized under applicable laws, international conventions or international treaties in any country or jurisdiction in the world.
CareerConnector will have the right to claim ownership at any time of its proprietary content published on the site and to oppose any use of its proprietary content that is not expressly permitted by CareerConnector.
Your Use of the Site
(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify, alter or create derivative works from, sell, license or otherwise distribute this site or any content, including, but not limited to, mirroring, framing or linking to any other computer, server or web site;
(ii) access or use this site or any content for any commercial purposes, including any advertising or advertising revenue generation activity on your own web site;
(iii) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the site or any content or any portion thereof, or in any way reproduce the structure or presentation of the site or any content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site;
(iv) access or attempt to access any portion or feature of the site you are not allowed to access without authorization, or any other systems or networks connected to the site or any CareerConnector server, by hacking, password mining or any other illegitimate means. You may not use anyone else’s Account (as defined below) at any time without the express permission and consent of the holder of that account;
(vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, or any systems or networks connected to the site. You agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of the site or with any other person’s use of the site.
You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Use of Information
Your information may be used in different ways, including, but not limited to, the following:
We may use your contact information in order to send you email or other communications regarding the site.
We may use the information we gather on the site, whether personal, demographic, collective or technical, for the purpose of operating and improving the site and fostering a positive user experience.
Any feedback you submit becomes the property of CareerConnector, and such feedback may be used for marketing purposes or to contact you for further information.
While CareerConnector encourages any third parties involved to adhere to our policies regarding the privacy of our users and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from CareerConnector or independently.
CareerConnector has implemented reasonable technical and organizational measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration or disclosure. Only CareerConnector’s employees and website administrators have access to this information. However, we cannot guarantee that unauthorized third parties will not be able to access this information and use your personal information for improper purposes.
Terms and Conditions
Users are responsible for all content that they upload, post, email, or otherwise transmit. Users agree not to post or transmit any material which would violate or infringe upon the rights of any person or entity, or which would give rise to criminal or civil liability, nor will they post or transmit any material protected by copyright or trademark without the written consent of the owner. While CareerConnector continually monitors the site, we cannot guarantee the accuracy, integrity or quality of this material. We reserve the right to delete any content for any reason at any time, without prior notice
Jurisdiction and Local Restriction
Your data will be stored and processed in whole or in part in Canada. If you access the site outside of Canada, your usage of the site constitutes your consent to the transfer of your data out of your country and to Canada.
The site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the site is prohibited by law or otherwise. Persons or other entities to whom such prohibitions apply must not access the site.
Feedback, Submissions and Other Communications
Disclaimer of Warranties
The use of the site is at your own sole risk, and you are entirely responsible for your use of the site and any linked sites. CareerConnector takes reasonable measures to protect the site and the content from viruses and defects but cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if you access or use the site or any content. Without limiting the foregoing, CareerConnector shall not be held responsible for any unauthorized changes to the content.
The Site and the content are delivered on an “AS-IS” and “AS AVAILABLE” basis. CareerConnector DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CareerConnector further disclaims any and all liability for the acts, omissions, or conduct of any third parties in connection with or related to your use of the site, including, without limitation, any liability for any third party content or other third party information available on or through the site, or any unauthorized use by third parties of your account.
CareerConnector does not warrant that the site or any content, service or feature of the site will be uninterrupted, timely or secure, that there will be no virus, destructive features or that any defects will be corrected, or that your use of the Site will provide specific results. We also reserve the right to change, suspend or interrupt the functionality of the site and the content at any moment without notice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CareerConnector SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT OR ANY INFORMATION CONTAINED THEREIN, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR (I) ANY LOSS OF OR CORRUPTION TO DATA; (II) LOSS OF OR DAMAGE TO YOUR EQUIPMENT; (III) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE; OR (IV) ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE.