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This page states the "Terms and Conditions" under which you may use the Advisor
Connector web site. Please read this page carefully. If you do not accept the
Terms and Conditions stated here, do not use this web site and service. By
using this web site, you are indicating your acceptance to be bound by the
terms of these Terms and Conditions. AdvisorConnector (the "Company") may
revise these Terms and Conditions at any time by updating this posting. You
should visit this page periodically to review the Terms and Conditions, because
they are binding on you. The terms "You" and "User" as used herein refer to all
individuals and/or entities accessing this web site for any reason.
Use of Material.
The Company authorizes you to view and download a single copy of the material
on the AdvisorConnector web site solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images, logos, button
icons, software and other "Material", are protected under both Canadian and
foreign copyright, trademark and other laws. All Material is the property of
the Company or its content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all content on this Web Site is the
exclusive property of the Company and protected by Canadian and international
copyright laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright, trademark,
service-mark and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or modify the Material
or reproduce, display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose. The use of the
Material on any other web site or in a networked computer environment for any
purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate
its pages. It is also protected by the Company's copyright.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit, distribute,
store or destroy material (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy, publicity
or other personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or attempting to
violate the security of the Web Site, including, without limitation, (a)
accessing data not intended for such user or logging into a server or account
which the user is not authorized to access, (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited
e-mail, including promotions and/or advertising of products or services, or (e)
forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security may
result in civil or criminal liability. The Company 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.
Specific Prohibited Uses.
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The Web Site may be used only for lawful purposes by individuals seeking
employment and career information and employers seeking employees. The Company
specifically prohibits any use of the Web Site, and all users agree not to use
the Web Site, for any of the following:
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Posting any incomplete, false or inaccurate biographical information or
information which is not your own accurate resume (living individual seeking
employment on a full-time or part-time basis on his or her own behalf).
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Posting 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.
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Deleting or revising any material posted by any other person or entity.
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Using any device, software or routine to interfere or attempt to interfere with
the proper working of this Web Site or any activity being conducted on this
site.
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Taking any action which imposes an unreasonable or disproportionately large
load on this Web Site's infrastructure.
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If you have a 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
password for any unauthorized purpose.
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Notwithstanding anything to the contrary contained herein, using or attempting
to use any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Web Site other than the search engine and
search agents available from the Company on this Web Site and other than
generally available third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
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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.
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Aggregating, copying or duplicating in any manner any of the materials or
information available from the Web Site.
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Framing of or linking to any of the materials or information available from the
Web Site.
User Information.
When you register for the Web Site, you will be asked to provide the Company
with certain information including, without limitation, a valid email address
(your "Information"). The Company will not disclose to any third party your
name, address, e-mail address or telephone number without your prior consent,
except to the extent necessary or appropriate to comply with applicable laws or
in legal proceedings where such information is relevant. Please see the
Company's Privacy Policy for further details regarding your Information.
User Submissions.
As a user, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not, and by using this Web Site
you agree not to, do the following things: post material that is copyrighted,
unless you are the copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade secrets, unless you own them
or have the permission of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy or publicity rights of
others; post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person or
entity; post a sexually-explicit image or statement; post advertisements or
solicitations of business, post chain letters or pyramid schemes; impersonate
another person; or post 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.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by users or endorse any opinions expressed
by users. You acknowledge that any reliance on material posted by other users
will be at your own risk.
The Company acts as a passive conduit for the online distribution and
publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions, the Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. The Company has
no liability or responsibility to users for performance or nonperformance of
such activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and Conditions or
the law and the right to remove communications which are abusive, illegal, or
disruptive. The Company may take any action with respect to user-submitted
information that it deems necessary or appropriate in its sole discretion if it
believes it may create liability for the Company or may cause the Company to
lose (in whole or in part) the services of its ISPs or other suppliers.
Any hyperlinks contained in a job posting submitted by a User will be disabled
when such job posting is posted on AdvisorConnectors Site.
Registration and Password.
You are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify the Company of any
unauthorized use of your registration or password.
The Company's Liability.
AdvisorConnector is only a venue. This Web Site acts as a venue for employers
to post job opportunities and candidates to post resumes and does not screen or
censor the listings offered. The Company is not involved in the actual
transaction between employers and candidates. As a result, the Company has no
control over the quality, safety or legality of the jobs or resumes posted, the
truth or accuracy of the listings, the ability of employers to offer job
opportunities to candidates or the ability of candidates to fill job openings.
In addition, note that there are risks, including but not limited to the risk
of physical harm, of dealing with strangers, foreign nationals, underage
persons or people acting under false pretenses. You 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, AdvisorConnector
cannot and does not confirm that each user is who they claim to be. Because we
do not and cannot be involved in user-to-user dealings or control the behavior
of participants on the AdvisorConnector site, in the event that you have a
dispute with one or more users, you release the Company (and our agents and
employees) from claims, demands and damages (contractual and extra-contractual,
actual and consequential, direct and indirect, punitive) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the
information provided by other 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 will be mislabeled or deceptively labeled. We
expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of the Web Site or the Material. The use of the Web Site and the
Material is at your own risk. Changes are periodically made to the Web Site and
may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any resume or material contained therein placed by you on the
Web Site. Employers are solely responsible for their postings on the Web Site.
The Company is not to be considered to be an employer with respect to your use
of the Web Site and the Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on the Web
Site.
No Warranties
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR
MATERIAL INJURY (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL
LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
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 the Company of the
contents on such third-party Web sites. The Company is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party Web sites.
If you decide to access linked third party Web sites, you do so at your own
risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Term
of Use. You also agree not to make any unauthorized commercial use of the Web
Site.
Limitation of Liability.
The aggregate liability for the Company to you for all claims arising from the
use of the Materials is limited to $100.
Termination.
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your postings from
this Web Site and immediate termination of your registration with or ability to
access the Web Site and/or any other service provided to you by the Company,
upon any breach by you of these Terms and Conditions or if the Company is
unable to verify or authenticate any information you submit to the Web Site
registration with or ability to access the Web Site.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees
(judicial and extra-judicial), alleging or resulting from your use of the
Material or your breach of the terms of these Terms and Conditions. The Company
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.
General.
The Company makes no claims that the Materials may be lawfully viewed or
downloaded outside of Canada. Access to the Materials may not be legal by
certain persons or in certain countries. If you access the Web Site from
outside of Canada, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. These Terms and conditions are
governed by the internal substantive laws of the Province of Ontario, Canada,
without respect to its conflict of laws principles. Jurisdiction for any claims
arising under this agreement shall lie exclusively with the courts having
jurisdiction within the judicial district of Toronto, Province of Ontario. If
any provision of these Terms and Conditions are 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 term of these
Terms and Conditions shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in additional terms of use
for areas of the Web Site a particular "Legal Notice," or Software License or
material on particular Web pages, these Terms and Conditions constitute the
entire agreement between you and the Company with respect to the use of Web
Site. No changes to these Terms and Conditions shall be made except by a
revised posting on this page.
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