A.
ACCEPTANCE OF TERMS - Welcome to icareers.com! icareers.com
is an Internet-based online information
and communications service (the "Service").
Unless explicitly stated otherwise, any new features
that augments or enhances the current Service shall
be subject to the Terms of Use.
By accessing or using icareers.com, you agree to
be bound by the terms and conditions of this agreement.
If you do not wish to be bound by this agreement,
you may not access or use icareers.com.
icareers.com may modify this agreement at any time,
and such modification shall be effective immediately
upon either posting of the modified agreement or
notifying you. You agree to review this agreement
periodically to ensure that you are aware of any
modifications. You also agree that icareers.com shall
not be liable to you or to any third party for any
modification, suspension or discontinuance of the
Service. Your continued access or use of icareers.com
shall be deemed your conclusive acceptance of the
modified agreement.
B.
DISCLAIMER - The information contained in icareers.com
is compiled from a variety of sources ("Information
Providers"). icareers.com services and information
are provided “AS-IS” without warranty,
express or implied.
icareers.com and Information Providers make no warranty
as to the reliability, accuracy, timeliness, usefulness,
adequacy, completeness or suitability of the Service.
icareers.com and Information Providers cannot and
do not warrant against human and machine errors,
omissions, delays, interruptions or losses, including
loss of data. icareers.com and Information Providers
do not warrant or guarantee that the functions or
Services performed in icareers.com will be uninterrupted
or error-free or that defects in icareers.com will
be corrected. No advice or information, whether oral
or written, obtained by you from icareers.com or
through or from the Service shall create any warranty
not expressly stated in the Terms of Use.
Any material downloaded or otherwise obtained through
the use of the Service is done at your own discretion
and risk, and you will be solely responsible for
any damage to your computer system or loss of data
that results from the download of any such material.
Visitors of icareers.com are responsible for (1)
implementing and maintaining adequate procedures
and checkpoints to satisfy their particular requirements
for accuracy of data input and output and (2) maintaining
a means external to icareers.com for the reconstruction
of any lost data.
C. CONDUCT - By using this Service, you agree not
to use the Service to:
-
Upload, post, e-mail or otherwise transmit any
content that is unlawful, harmful, threatening,
abusive,
harassing, defamatory, vulgar, obscene, libellous,
invasive or another’s privacy, hateful, or
racially, ethnically or otherwise objectionable;
- Upload, post, e-mail or otherwise transmit any
content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
-
Upload, post, e-mail or otherwise transmit any
content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights (“Rights”)
of any party;
-
Upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or
any other form of solicitation except in areas that
are designated for such purpose;
- Upload, post, e-mail or otherwise transmit any
material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer
software, hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable
local, national, or international laws.
D. LINKS - You are encouraged to use discretion
while browsing the Internet on searches initiated
at icareers.com. icareers.com links may lead unintentionally
to sites containing information that some people
may find inappropriate or offensive. It may also
lead to sites that contain inaccurate information,
false or misleading advertising, or information that
violates copyright, libel or defamation laws.
Since icareers.com has no control over such sites
and resources, you acknowledge and agree that icareers.com
is not responsible for the availability of such external
sites or resources and does not endorse and is not
responsible or liable for any content, advertising,
products, or other materials on or available from
such sites or resources.
E. LIMITED LICENSE - By this Agreement, icareers.com
grants, subject to the Terms of Use, only a limited,
non-transferable and non-exclusive license to use
the software and documentation necessary to access,
explore and otherwise use icareers.com in real time
and to use the materials in icareers.com in a manner
consistent with paragraph F (Copyright) below.
F. COPYRIGHT - The entire contents of icareers.com
are copyrighted as a collective work under the laws
of Canada and other copyright laws. icareers.com
holds the copyright in the collective work. The collective
work includes works that are the property of the
Information Providers that are also protected by
copyright and other intellectual property laws.
You may display, subject to any expressly stated
restrictions or limitations relating to specific
material, and download portions of the material from
the different areas of icareers.com solely for your
own non-commercial use, unless otherwise permitted.
Any redistribution retransmission or publication
of any copyrighted material is strictly prohibited
without the express written consent of the copyright
owner. You agree not to change or delete any proprietary
notices from materials downloaded from icareers.com.
G. LICENSES AND IDEA SUBMISSIONS - You agree to
grant to icareers.com a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly
perform any materials and other information (including,
without limitation, ideas contained therein for new
or improved products or services) you submit to public
areas of icareers.com by all means and in any media
now known or hereafter developed. You hereby waive
your moral rights in any such materials and information,
and you hereby warrant that any such materials and
information are original with you, or that you have
the right to submit such materials and information.
You agree that you shall have no recourse against
icareers.com for any alleged or actual infringement
or misappropriation of any proprietary right in your
communication to us.
H.
INDEMNIFICATION - YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD ICAREERS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, HARMLESS
FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S
FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE
TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO
OR TRANSMIT THROUGH THE SERVICE, YOUR USE OF THE
SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION
OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS
OF ANOTHER.
I. WAIVER, RELEASE AND LIMITATION OF LIABILITY -
YOU AGREE THAT NEITHER ICAREERS.COM, NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER
ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION
WITH YOUR USE OF ICAREERS.COM.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL
CLAIMS YOU MAY HAVE AGAINST ICAREERS.COM, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN
CONNECTION WITH YOUR USE OF ICAREERS.COM.
NOTWITHSTANDING THE FORGOING PARAGRAPH, THE TOTAL
LIABILITY OF ICAREERS.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS,
IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE
FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION
OR SERVICE PROVIDED. IN NO EVENT SHALL ICAREERS.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES
OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF
THE INFORMATION ARE HEREBY EXCLUDED EVEN IF ICAREERS.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
J. THIRD PARTY RIGHTS - The provisions of paragraph
H (Indemnification) and I (Waiver, Release and Limitation
of Liability) are for the benefit icareers.com and
its officers, directors, employees, agents, licensors,
suppliers, and Information Providers. Each of these
individuals or entities shall have the right to assert
and enforce those provisions directly against you
on its own behalf.
K. TERMINATION - Either you or icareers.com may
terminate your right to use icareers.com at any time,
with or without cause, upon notice. The provisions
of paragraphs F (Copyright), G (Licenses and Idea
Submissions), H (Indemnification), I (Waiver, Release
and Limitation of Liability), J (Third Party Rights),
and N (General Information) shall survive any termination
of the Terms of Use.
L. NOTICE - Notice to you may be made via either
e-mail or regular mail. The Service may also provide
notices of changes to the Terms of Use or other matters
by displaying notices or links to notices to you
generally on the Service.
M. TRADEMARK INFORMATION - icareers.com and the
icareers.com logo are trademarks of Sites To See
Corporation. All other trademarks appearing on the
Service are trademarks of their respective owners.
N. GENERAL INFORMATION - The Terms of Use constitute
the entire agreement between you and icareers.com
and govern your use of the Service, superseding any
prior agreements between you and icareers.com.
The
Terms of Use shall be governed by and construed
in accordance with the laws of the Province of Ontario.
You agree that any legal action or proceeding between
icareers.com and you for any purpose concerning the
Terms of Use or the parties’ obligations hereunder
shall be brought exclusively in a court of competent
jurisdiction sitting in the city of Toronto, Ontario,
Canada.
icareers.com’s failure to insist upon or enforce
strict performance of any provision of the Terms
of Use shall not be construed as a waiver of any
provision or right. If any provision of the Terms
of Use is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that
the court should endeavour to give effect to the
parties’ intentions as reflected in the provision,
and the other provisions of the Terms of Use remain
in full force and effect. Any cause of action or
claim you may have with respect to icareers.com must
be commenced within one (1) year after the claim
or cause of action arises or be forever barred. Neither
the course of conduct between the parties nor trade
practice shall act to modify any provision of the
Terms of Use. icareers.com may assign its rights
and duties under the Terms of Use to any party at
any time without notice to you.
The section titles in the Terms of Use are for convenience
only and have no legal or contractual effect.
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