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Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THIS WEB SITE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET OUT BELOW, PLEASE DO NOT USE THIS WEB SITE OR ANY SERVICES OFFERED BY careerXact. BY USING THIS WEB SITE YOU WILL BE DEEMED TO HAVE ACCEPTED AND TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. Defined Terms In these Terms and Conditions the following terms will have the meanings set out below : "Employer" refers to a person, corporation or other entity that has registered with careerXact as an Employer in order to post job opportunities and to recruit individuals through the careerXact Program ; "Member" refers to an individual who has registered with careerXact as an individual participant in the careerXact Program and whose registration has not expired or been cancelled or terminated ; "Membership" refers to the rights and privileges provided to registered Members and Employers of careerXact ; "we", "us", "our" and "careerXact" refer to careerXact Inc. ; "Web Site" refers to the careerXact.com site on the world wide web ; and "you", "your" and "user" refers, as the context requires, to all Members, Employers, individuals, corporations and any other entities who may access the Web Site for any reason from time to time ; Services and Web Site careerXact provides a career assessment and job matching service, that matches Members with the most suitable jobs at Employers (collectively, the "Services"). All individuals who register as Members with careerXact, are representing and warranting that they are over eighteen (18) years of age. In addition, when you register as a Member or Employer with careerXact , you are representing and warranting that you are lawfully entitled to use the Services. Once your membership with careerXact is confirmed, you will be provided with a User Name and Password which will enable you to access the Services on the Web Site. Please note that you are not permitted to transfer your membership or share your membership with anyone. For your own security, you should never disclose your Password to any third parties. Privacy Issues Your privacy is very important to us. By accepting these Terms and Conditions, you are expressly consenting to certain disclosure of certain Personal Information as discussed below and as outlined in careerXact's privacy statement titled: "Your Privacy." By registering as a Member or Employer, you obtain the right to access the Services and such other information or services as careerXact may, in its sole discretion, establish from time to time. You agree that careerXact may charge for certain features of your membership and/or additional premium services which may be offered in the future and that you will be responsible for all charges (including any tax thereon) for any such additional services if you choose to use them. You will be notified of any changes to either the Services or the terms of your membership and given the option to continue to use the Services or to cancel your membership. When you register as a Member with careerXact, in addition to the results of your careerXact Assessment (if you choose to complete an assessment), you will be asked to provide certain information including, without limitation, your name, address, some general work history, background information and a valid e-mail address (your "Personal Information"). Per the terms and conditions set forth our Privacy Policy, you understand and agree that careerXact may disclose to Employers and third parties, with your consent, information contained in your membership registration application. careerXact reserves the right to offer third party services and products to you based on the preferences that you identify in your membership registration and at any time thereafter; such offers may be made by careerXact or by third parties. For further details regarding the treatment of your Personal Information please see our Privacy Policy, which forms part of these Terms and Conditions. The contents of the Web Site, such as text, graphics, images, logos, button icons, software and other material (collectively, the "Contents"), are protected under United States, Canadian and foreign copyright, trademark and other laws. The Content on Web site is solely for personal non-commercial use. All Content is the property of careerXact , its content suppliers or clients. The collection, arrangement and assembly of all Content on the Web Site is the exclusive property of careerXact and protected by United States, Canadian and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited. You are prohibited from copying or adapting the HTML code that careerXact creates to generate the pages comprising the Web Site. This HTML code is also protected by copyright. Rules of Conduct for Users of careerXact.com The following uses of the Web Site are specifically prohibited, and all users agree not to use the Web Site, for any of the following: (a) Posting, transmitting or distributing any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (i.e. a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (b) Posting, transmitting, distributing or offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents; (c) Deleting or revising any material posted by any other person or entity; (d) If you have a User Name and Password allowing access to a non-public area of this Web Site, disclosing to or sharing your Password with any third parties or using your User Name and/or Password for any unauthorized purpose; or (e) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. As a user of the Web Site, you are responsible for your own communications as well as the consequences of the posting of any information. You acknowledge that any reliance by you on material or information that is posted by other Users will be at your own risk. careerXact has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material or information posted, transmitted or distributed by users. If we are notified by a user of communications or information which allegedly do not conform to these Terms and Conditions, we may, in our sole discretion, investigate the allegation and determine in good faith and in our sole discretion whether to remove, or request the removal of, the subject communication or information. careerXact has no liability or responsibility to Users for the performance or nonperformance of such activities. careerXact reserves the right to expel Users, Members or Employers and prevent their further access to the Web Site for violating the Terms and Conditions or the provisions of applicable laws. We also reserve the right to remove any communications, postings or information which are abusive, illegal, or disruptive. If circumstances warrant, Users involved in such violations may also be subject to criminal or civil prosecution. careerXact may take any action with respect to User-submitted information that we deem necessary or appropriate in our sole discretion if we believe that such information may create liability for careerXact or may cause the loss or cancellation (in whole or in part) of the services provided by careerXact 's Internet Service Provider or other suppliers. Web Site Security You are not permitted to and by your acceptance of these terms and conditions through your use of the Web Site you agree not to: (a) post, transmit or distribute unsolicited advertisements or solicitations of business, chain letters or pyramid schemes; (b) impersonate another person; (c) post, transmit or distribute any material that is copyrighted (unless you are the copyright owner or have the permission of the copyright owner to post it); (d) post, transmit or distribute any material that reveals trade secrets (unless you own them or have the permission of the owner); (e) post, transmit or distribute material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (f) post, transmit or distribute any material that is obscene, defamatory, threatening, harassing, discriminatory, abusive, hateful or embarrassing to another user or any other person, group or entity; (g) post, transmit, distribute or store a sexually-explicit image or statement ; or (h) post, transmit, distribute or store material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; Users of the Web Site are also prohibited from violating, or attempting to violate, the security of the Web Site in any manner including, without limitation: (a) accessing or downloading data not intended for such user or logging into an area of the Web Site or membership account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Web Site or a system or network on the Web Site or attempting to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, Member, Employer, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing" ; or (d) forging any part of the header information in any e-mail or newsgroup posting. Violations of Web Site security may result in civil or criminal liability. careerXact will investigate occurrences which may involve such violations. If circumstances warrant we may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. Third Party Information As a result of the nature of the Services provided through the Web Site you will be provided with, or have access to, information ("Third Party Information") from various sources which include our suppliers, Members, Employers and advertisers on the Web Site. The Third Party Information contained on this Web Site is provided for informational purposes only and should not be considered as professional advice. careerXact makes no representation, either express or implied, as to the accuracy, timeliness or completeness of any Third Party Information nor does careerXact undertake to update or correct such Third Party Information. We strongly recommend that you independently confirm all Third Party Information you obtain from the Web Site. Rights in Submitted Information By submitting or posting your views, suggestions, opinions or other information (collectively, "User Contributions") to any public or non-private area of the Web Site (including any message boards, forums, emails, contests and chat rooms) you grant to careerXact and its affiliates a royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Contributions (in whole or in part) on a worldwide basis and/or to incorporate such User Contributions in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Contributions. Confidentiality and Password You are responsible for maintaining the confidentiality of your Personal Information and your password. You shall be responsible for all uses of your Member or Employer registration, whether or not authorized by You. You agree to immediately notify careerXact of any unauthorized use of your membership, User Name or Password. Liability and Disclaimers careerXact acts as a venue for Employers to post job opportunities and Members to post and transmit Personal Information. We do not screen or censor such postings or transmissions. careerXact is not involved in the actual negotiation or the consummation of the transaction which may result in a job placement between Employers and Members. As a result, careerXact has no control over the quality, safety or legality of the job opportunities or Personal Information posted or transmitted, the truth or accuracy of the job opportunity postings, the ability of Employers to offer job opportunities to Members or the ability of Members to fill the job openings for which they may be hired. In addition, please be aware that there are risks including, but not limited to, the risk of physical harm, the risk associated with dealing with strangers, foreign nationals and underage persons or the risk of people acting under false pretenses. By using the Web Site, you agree to assume all risks associated with dealing with other users with whom you come in contact through the Web Site. Because user authentication on the Internet is difficult, careerXact cannot and does not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of users on careerXact . By your use of the Web Site, you agree to release careerXact (and our agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes which you may have with one or more Users. careerXact is under no legal obligation to, and generally does not, control the information provided by Users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases could be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Web Site. The Content may contain inaccuracies or typographical errors. careerXact makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Content. The use of the Web Site and the Content is at the sole risk of the User. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site. Employers are solely responsible for their postings on the Web Site. careerXact is not, and shall not be considered to be an employer in connection with your use of the Web Site and careerXact shall not be responsible for any employment decisions, for whatever reason, made by any Employer posting job opportunities on the Web Site. careerXact DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, THE CONTENT AND WEB SITE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, careerXact WILL NOT BE RESPONSIBLE FOR SUCH COSTS. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. careerXact, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. careerXact MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL careerXact, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT careerXact IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability. The aggregate liability of careerXact to you for all claims arising from your use of the Web Site, the Content and the Services is limited to $100. Hypertext Links The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by careerXact of the contents on such third-party sites. careerXact is not responsible for the content of any linked third-party sites and does not make any representations or warranties, either express or implied regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk. No Assignment, Sale or Unauthorized Commercial Use Users are not permitted to resell or assign their rights or obligations under these Terms and Conditions. Termination of Use careerXact reserves the right at its sole discretion to pursue all legal remedies including, but not limited to: (i) deletion of your communications or postings from the Web Site, (ii) immediate termination of your membership and/or your ability to access the Web Site; (iii) immediately cease providing the Services; and (iv) seeking the imposition of criminal or civil penalties upon any breach by you of these Terms and Conditions or if careerXact is unable to verify or authenticate any information you submit to the Web Site with your membership registration. Indemnity You agree to defend, indemnify, and hold harmless careerXact and its officers, directors, employees, consultants and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Web Site, the Content, the Services or from your breach of these Terms and Conditions. careerXact shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Additional Terms of Use Certain areas of the Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. General careerXact makes no claim that the Web Site or the Content may be lawfully viewed or downloaded outside of the United States or Canada. Access to the Web Site or the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your applicable jurisdiction. These Terms and Conditions are governed by the laws of the Province of Ontario, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the Province of Ontario. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Except as expressly provided in additional terms or conditions of use for particular areas of the Web Site, a particular Legal Notice, or Software License or material on particular pages of the Web Site, these Terms and Conditions constitute the entire agreement between you and careerXactwith respect to your use of the Web Site. careerXact may revise these Terms and Conditions at any time. No amendments to these Terms and Conditions shall be made except by a revised posting on this section of the Web Site. You should visit this section periodically to review the Terms and Conditions, because they are binding on You.