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These terms of use ("Terms of Use") apply to your access to, and
use, of the web site of T-Net British Columbia ("T-Net") located at
www.bctechnology.com (the
"Site").
Terms of Use last updated on March 14, 2010
By accessing, browsing, using, and/or downloading information,
data, text, software or images, or other materials from this Site
(the "Materials"), or by sending messages, information, job
listings, resumes, data, text, software or images, or other
materials to the Site ("Content"), or by purchasing and/or using
online services of the Site, you agree on your own behalf and on
behalf of any entity on whose behalf you may act to accept and abide
by these Terms of Use for each use and each visit of this Site. If
you do not agree to all of these Terms of Use, do not use the Site.
1.
Changes to Terms of Use
T-Net has the right, in its sole discretion, to add to, remove,
modify or otherwise change any part of these Terms of Use, in whole
or in part, at any time. Changes will be effective when a notice of
such change is posted at this Site. Please check these Terms of Use
frequently for updates by checking the date of "Last Update" at the
top of this page. If any change is not acceptable to you, you must
discontinue your use of this Site immediately. Your continued use of
this Site after any such changes are posted will constitute
acceptance of those changes.
2.
Changes to this Site
T-Net may terminate, change, suspend or discontinue any aspect of
this Site, including (i) changing the availability of any features,
at any time without notice or liability; (ii) changing any fees or
charges for use of the Site, including instituting new or increased
fees or charges for the use of the Site or any other Site-related
services (the "Services") or any features thereof; (iii) removing,
adding, modifying or otherwise changing any Materials on or from
this Site; or (iv) imposing limits on certain features and Services
or restricting your access to parts or all of this Site without
notice or liability for any reason whatsoever. T-Net has the right,
in its sole discretion, but not the duty, to correct any errors or
omissions in any portion of this Site at any time without notice.
3.
Licensed Use and Restrictions
The Site may be used only for lawful purposes (a) by individuals
and companies seeking BC technology news, event listing information,
company directory listing information, technology stock information,
financial and financing information, employment and career
information, (b) by employers ("Employers") and recruitment
companies and recruitment agencies ("Recruiters") seeking employees,
and (c) by job seekers ("Candidates") seeking employment. You agree
to use the Site only to send Content and receive Materials that are
proper and related to the purpose of this Site.
Subject to these Terms of Use, T-Net grants you a non-exclusive,
non-transferable, limited right to access, use and view this Site
and the Materials thereon, solely for your own personal or internal
company use, provided, however, that you may not, nor may you allow
others to, directly or indirectly:
o
sell,
reproduce, modify or attempt to modify the Materials in any way or
reproduce or publicly display, perform, or distribute or otherwise
use them for any public or commercial (other than your internal
use) purpose, including without limitation use of the Materials on
any other web site;
o
modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site;
o
copy
job listing or other information from the Site and post or place it
on a competitors’ website;
o
transfer the Materials to any other person without the written
consent of T-Net;
o
print
or copy any of the HTML or other computer programs that are
accessible at this Site;
o
use
this Site in any manner that could damage, disable, overburden or
impair this Site;
o
interfere with the security of, or otherwise abuse, this Site or any
services, system resources, accounts, servers or networks connected
to or accessible through this Site or affiliated or linked sites;
o
disrupt or interfere with any other person's use or enjoyment of
this Site or affiliated or linked sites;
o
upload, post or otherwise transmit on this Site any Content that
would negatively affect the functioning of the Site, including
without limitation computer viruses, Trojan horses, worms or other
harmful, disruptive or destructive files or computer programs or
that imposes an unreasonable or disproportionately large load on
this Site's infrastructure;
o
use
any data mining, robot, spider or other automatic program or device,
or manual process to monitor, copy, summarize, or otherwise extract
information from this Site or the Materials in whole or in part;
o
use
or attempt to use another's account, password, service, system or
other information without prior written authorization from T-Net;
o
create or use a false identity on this Site;
o
attempt to obtain unauthorized access to this Site or portions of
this Site that are restricted from general access;
o
harvest or otherwise collect information about others, except for
the sole stated purposes provided by this Site, including e-mail
addresses, without their consent; or
o
register an e-mail address that you do not own or for which you do
not have the express permission of the owner to register.
You may post certain Content to the Site. You may only post
Content for the lawful, stated purposes of this Site. While using
the Site, you agree not to do any of the following without our prior
written authorization:
o
post any
inaccurate,
untimely, stale, incomplete or misleading information;
o
post
any incomplete, false or inaccurate
biographical
information or information which is not your own accurate resume;
o
post any employment opportunity or requirements that are inaccurate
or not available with a verifiable company that is directly
represented by your office;
o
post any employment opportunities that are not technology-related,
or are outside a technology-related field or organization;
o
repost job postings in an effort to gain priority placement, copy
other job postings as your own, post the same position multiple
times on the Site or post multiple positions within one posting;
o
place any contact information within a job posting that is different
from or in addition to contact information provided when subscribing
to T-Net’s services;
o
post any employment opportunity that does not contain a company URL,
e-mail address or "apply online" application;
o
share passwords, login information or named user identification or
otherwise allow multiple offices or users to access the Site and
Services on a basis that is other than what was originally
subscribed for. A named user is defined as one unique individual
user with one unique password. An office is defined as a location
where a named user routinely accesses or uses the Site or Services;
o
send unsolicited email messages (commercial or otherwise)
("spamming") or engage in flooding, soliciting or mass marketing via
e-mail, direct mail, telephone, or otherwise to T-Net job seekers or
subscribers or users of the Site;
o
express or imply that any statements you make are endorsed by T-Net;
o
impersonate any person or entity, including, without limitation, a
T-Net employee or agent, a user of T-Net’s services, including a
Candidate, placement specialist or an Employer, or otherwise
misrepresent your affiliation with any person or entity;
o
respond to a job listing on behalf of anyone other than yourself;
o
delete or revise any material posted by any other person or entity;
o
use the Site for any unlawful commercial, research or information
gathering purposes;
o
communicate, send, or place unsolicited e-mail, telephone calls,
mailings or other contacts to posting individuals and entities;
o
"frame" or "mirror" any part of the Site; or use, frame or utilize
framing techniques to enclose any T-Net trademark, logo or other
proprietary information (including the images found at this Site,
the content of any text or the layout/design of any page or form
contained on a page), or use any meta tags or any other "hidden
text" utilizing a T-Net name, trademark, or product name;
o
link to any page of or material on the Site other than the URL
located at
http://www.bctechnology.com;
o
print
out or otherwise copy or use any personally
identifiable
information about Candidates for purposes other than consideration
of the Candidates for potential employment by you or your company;
o
post
any franchise, pyramid scheme, multi-level
marketing (MLM) opportunity, "club membership", distributorship or
sales representative agency arrangement or other business
opportunity which requires an up front or periodic payment, requires
recruitment of other members, sub-distributors or sub-agents;
o
post
or transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, vulgar, obscene, or
tortious or materials which infringe or violate any third party's
copyright, trademark, trade secrets, privacy or other proprietary or
intellectual property right or that could constitute a criminal
offence, give rise to civil liability or otherwise violate any
applicable law;
o
post
opinions, notices or advertisements, commercial or otherwise or
solicit business from Recruiters or Employers who post on the Site,
including any solicitation by any of our competitors of Recruiters
or Employers who post on the Site.
In addition, you agree that you are solely responsible for
actions and communications undertaken or transmitted in the course
of your usage of this Site, and that you will comply with all laws
that apply or may apply to your use of or activities on this Site or
in respect of the Content and Materials.
4.
No
Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell
or make available to any person not expressly licensed by T-Net,
whether via phone, fax, e-mail, mail or any other medium,
or exploit for any commercial
(other than your internal use)
purposes, any portion of the Services, use of the Services, or
access to the Services or any information obtained therefrom, including without
limitation the job listings, resumes or Candidate information.
4.1
Payment Terms
By purchasing a job listing or job listing package on the T-Net website,
you agree that you are authorized on behalf of the organization you
represent to make such purchase (s) and that you agree to T-Net’s
website terms and conditions enclosed herein.
All services are payable in Canadian funds (CAD).
If credit terms have been agreed to by T-Net, invoices are due and
payable within 30 days after the date of the invoice (Net 30 terms). You
agree to pay interest on all amounts past due at a rate of 2% per month
(24% per annum). T-Net accepts payment by VISA, MasterCard, American Express, or company
cheque.
If it becomes necessary to assign a past due account to either Small
Claims Court and/or to an outside collection agency for collection of
the past due amount, you agree to pay all associated fees and costs,
which will be added to the outstanding balance of your account.
4.2
Cancellation
No
cancellations are accepted after placement of artwork (for
Skyscraper Ads, Banner Ads, or other online advertising materials),
or after the posting of job listings on the live T-Net website (for
job listing purchases).
5.
Enforcement
T-Net has the right, but not the obligation, to monitor and
investigate occurrences which may involve violations of these Terms
of Use and T-Net may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such
violations. T-Net reserves the right at all times to remove, screen
or edit any Content that violates these Terms of Use or is otherwise
objectionable and to disclose any Content provided by you as
necessary to satisfy any law, regulation or governmental request.
In the event of violations of these Terms of Use, T-Net may take any
action that it deems appropriate. Such action may include, but is
not limited to, issuing warnings, suspension or termination of
service, and/or removal of posted Content. In order to cooperate
with legitimate governmental requests, subpoenas or court orders, to
protect T-Net's systems and customers, or to ensure the integrity
and operation of T-Net 's business and systems, T-Net may access and
disclose any information it considers necessary or appropriate,
including, without limitation, user profile information (i.e. name,
e-mail address, etc.), IP addressing and traffic information, usage
history, and posted Content. T-Net 's right to disclose any such
information shall govern over any terms of T-Net 's Privacy Policy.
6.
Termination
The permission and license granted to you herein shall terminate
automatically if you breach any of the terms or conditions of these
Terms of Use. Without limiting the foregoing, you
agree that T-Net, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Site and
Services, and remove and discard any Content within the Site, for
any reason, including, without limitation, for lack of use or if
T-Net believes that you have violated or acted inconsistently with
the letter or spirit of these Terms of Use. T-Net may also in its
sole discretion and at any time discontinue providing the Services,
the Site, or any part thereof, with or without notice. You agree
that any termination of your access to the Services and the Site may
be effected without prior notice, and acknowledge and agree that
T-Net 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, the Services and the Site. Further, you agree
that T-Net shall not be liable to you or any third-party for any
termination of your access to the Services and the Site.
All remedies, all limitations of liability, all rights that have
accrued prior to date of termination, all procedures for enforcing
the same, all provisions pertaining to ownership, indemnities,
warranties, and all rights and obligations which a commercially
reasonable construction of these Terms of Use would deem to affect
post-termination rights and obligations shall survive termination of
these Terms of Use.
7.
Registrants’ Obligations to Supply Information
You agree to supply T-Net with accurate, up-to-date and complete
information when required. You agree to update this information as
needed. T-Net has the right to terminate your registration and
account if T-Net believes you have provided false documentation or
if your account has remained unused for an extended period of time.
8.
Username and Password
A username and password, as authorized by T-Net at its sole
discretion, are required to gain access to some portions of the Site
or Services. If you are authorized by T-Net for such access, you are
required to supply the username and password where requested on the
Site. You retain the responsibility for keeping this information
confidential. You also retain the responsibility for any and all
actions that take place using your account. You agree to immediately
notify T-Net of any unauthorized use of your password or account or
any other breach of security. T-Net cannot and will not be liable
for any loss or damage arising from your failure to comply with this
provision.
Use of username and password protected portions of the Site or
Services may be governed by additional terms and conditions.
9.
Proprietary Rights
The Site, including all pages and all code related to thereto, is
the property of T-Net. Except as expressly provided herein, T-Net
does not grant any express or implied right or license to you under
any intellectual property right, including under any patent,
trademark, copyright, trade secret, or confidential information, of
T-Net.
All copyrighted and copyrightable material on this Site,
including, without limitation, the Site design, Materials,
illustrations, designs, graphics, pictures, sound files and other
files, and the selection and arrangements ("Site Materials")
thereof, that appear herein are ALL RIGHTS RESERVED
©
1997-2010 T-Net, Inc. and/or its third party
providers, suppliers and licensors. Except as stated herein, none
of the Site Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of T-Net or the respective copyright owner. You
may not, without the permission of T-Net or the respective copyright
owner, (a) copy, publish, or post any Site Materials on any computer
network or broadcast or publications media, (b) modify the Site
Materials, and (c) remove or alter any copyright, trademark and
other proprietary notices contained in the Site Materials.
Trademarks
All trademarks, service marks, trade dress, logos and trade names
used and displayed on this Site are either owned by T-Net and/or its
third party providers, suppliers and licensors, and may not be
copied, imitated or used, in whole or in part, without the prior
written permission of T-Net or its third party providers, suppliers
or licensors. The following are trademarks and/or service marks
owned by T-Net that are not yet registered: T-Net, T-Net British
Columbia, BCTechnology,
www.bctechnology.com, T-Net 20,
T-Net 100, Hot Job Of The Week and the T-Net logo. In addition, all
page headers, custom graphics, button icons, and scripts are service
marks, trademarks, and/or trade dress of T-Net, and may not be
copied, imitated, or used, in whole or in part, without the prior
written permission of T-Net.
Software
Any software, as well as any files, images generated by such
software, code and data accompanying such software (collectively
"Software"), used or accessible through this Site is the copyrighted
work of T-Net or its licensors. You are licensed to use the
Software on a non-exclusive basis in connection with your permitted
use of the Site. You may not use the Software for any other purpose
or attempt to decipher, decompile, disassemble or reverse engineer
any of the Software comprising or in any way making up a part of the
Site.
10.
Links and Third Party Content
The Site contains links to third party Web sites. These linked
Web sites are not under the control of T-Net. These links are
provided only as a convenience to you and not as an endorsement by
T-Net of the contents of such third party Web site. T-Net does not
make any representations, warranties or conditions regarding the
accuracy of materials on such third party Web sites, the information
appearing thereon or any of the products or services described.
Links do not imply that T-Net sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use any
trademark, trade name, logo or copyright symbol of T-Net. If you
access third party Web sites you do so at your own risk and it is
your responsibility, not the responsibility of T-Net, to take any
and all appropriate protective measures before linking to these
third party Web sites, including without limitation to guard against
viruses and other destructive elements. T-Net is not responsible
for the contents of any page linked to the Site or any other page
not under its control.
This Site contains materials, data, information provided, posted
or offered by third parties, including third party provided content,
advertisements and user content (collectively "Third Party
Content"). Access to the Third Party Content is provided as a
service to those interested in the information. T-Net does not
create, nor have control over the Third Party Content. You agree
that T-Net shall have no liability whatsoever for any such Third
Party Content. T-Net makes no representations, warranties or
conditions whatsoever regarding the accuracy or completeness of the
Third Party Content, and the indemnification, disclaimer and
limitation of liability provisions in these Terms of Use apply to
the Third Party Content. Users visit this Site and use the
information contained therein at their own risk. You represent and
warrant that you are solely responsible for the form, content and
accuracy of any resume, posting or other Content placed by you, as
applicable on the Site.
11.
Disclaimers
You acknowledge that any use of or reliance on this Site, the
Services or any Materials shall be at your sole risk. T-Net makes no
representation, warranty or condition of any kind regarding the
Site, the Services and/or the Materials, including with respect to
the information provided by third parties, all of which are provided
on an "AS IS" basis. T-NET EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OF TRADE. T-NET DOES NOT WARRANT THAT THE SITE WILL
CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL
BE ERROR-FREE.
Not limiting the generality of the foregoing, the information
provided on this Site is for general informational purposes only.
Information provided on the Site with a byline, identification of
publication source, or any other sort of third-party identifier,
including the columns published on the Site, is provided by third
parties on an "As Is" basis, and T-Net does not review it. T-Net and
its third party consultants do not warrant or guarantee the truth,
accuracy or completeness of this information. No lawyer-client,
advisory, fiduciary or other relationship is created by accessing or
otherwise using this Site. No one should act, or refrain from
acting, based solely upon this or other general information without
first seeking appropriate legal or other professional advice.
T-Net does not screen or censor the listings offered or the
information provided. As a result, T-Net has no control over the
quality, safety or legality of the jobs or resumes or other
information posted, the truth or accuracy of the listings or
information, the ability of Recruiters or Employers to offer job
opportunities to Candidates or the ability of Candidates to fill job
openings. In addition, there may be risks, including but not limited
to 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
(including without limitation Employers, Recruiters and Candidates)
or persons with whom you come in contact through the Site.
Because user authentication on the Internet is difficult, T-Net
cannot and does not confirm that each user (including without
limitation Employers, Recruiters and Candidates) 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 this Site, in
the event that you have a dispute with one or more such users, you
release T-Net (and its agents and employees) from all claims,
demands and damages 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.
T-Net is under no legal obligation to, and generally does not,
control the Content provided by other users which is made available
through the 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. T-Net does not guarantee, and
makes no representations, warranties or conditions as to the
truthfulness, accuracy, reliability, currency, veracity or
completeness of the Materials or about the results to be obtained
using the Materials. The use of the Site and the Material is at your
own risk.
T-Net shall not be responsible for any employment decisions, for
whatever reason made, made by any entity posting jobs on the Site.
T-Net assumes no responsibility, and shall not be liable for any
damages to, or viruses or other harmful components that may infect,
your computer equipment or other property on account of your access
to, use of, or browsing in this Site or your downloading of any
materials, including, data, text, and images from this Site.
12.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL T-NET OR ANY THIRD PARTY
MENTIONED ON THIS SITE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES,
(ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM
TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF
PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii)
punitive, exemplary OR
aggravated damages, ARISING FROM OR IN CONNECTION WITH THE
USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE.
OR PORTIONS OF THIS SITE, THE SERVICES, THE MATERIALS, ANY CONTENT
PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF T-NET, OR
SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS. In any event, you agree that T-Net’s maximum
aggregate liability for damages
arising out of or related to this Agreement
shall
be limited to $100.
The limitations of liability and disclaimers in these Terms of
Use apply regardless of the form of action, whether for breach of or
repudiation of contract, warranty, strict liability, negligence or
other tort, or any other legal or equitable theory, and shall
survive a fundamental breach or breaches, or the failure of the
essential purpose of contract or the failure of an exclusive remedy.
13.
Indemnity
You agree to defend, indemnify and hold harmless each of T-Net,
its affiliates, all third parties mentioned in the Site and each of
their officers, directors, employees and agents, from and against
any and all claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your use of the Site, the Services and the Materials or your breach
of these Terms of Use.
14.
Choice of Law and Jurisdiction
This Site is controlled, operated and administered by T-Net from
its offices within British Columbia, Canada. T-Net makes no
representation, warranty or condition that this Site, the Services,
the Content or the Materials are appropriate or available for use at
any locations outside Canada. If you access this Site from outside
Canada, you are responsible for compliance with all local law. You
may not export any of the Materials accessible through this Site in
violation of applicable export laws and regulations. These Terms of
Use shall be interpreted, construed and governed by the laws of the
Province of British Columbia and the federal laws of Canada
applicable therein, without reference to conflict of laws
principles. The International Sale of Goods Act of British Columbia
and the United Nations Convention on Contracts for the International
Sale of Goods will not apply in any way to these Terms of Use or to
the transactions contemplated by these Terms of Use or otherwise to
create any rights or to impose any duties or obligations related to
these Terms of Use.
Except in respect of any matter relating to the enforcement of
intellectual property rights and protection of confidential
information and subject to Section 15, the parties irrevocably
submit to and accept generally and unconditionally the exclusive
jurisdiction of the courts of British Columbia and all appellate
courts therefrom with respect to any legal action or proceeding
which may be brought at any time relating in any way to these Terms
of Use.
15.
Arbitration
All disputes arising out of or in connection with these Terms of
Use, or in respect of any defined legal relationship associated
therewith or derived therefrom, which cannot be amicably resolved,
even if only one of the parties declares that there is a difference,
will be referred to and finally settled by private and confidential
binding arbitration under the rules of the British Columbia
International Commercial Arbitration Centre. The appointing
authority shall be the British Columbia International Commercial
Arbitration Centre. The language of the arbitration shall be
English. The case shall be administered by the British Columbia
International Commercial Arbitration Centre in accordance with its
rules. The place of arbitration shall be Vancouver, British
Columbia, Canada. The arbitrator shall be a person who is legally
trained and who has experience in the information technology field
in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the
protection of intellectual property rights and confidential
information through injunctive or other equitable relief through any
court having jurisdiction.
16.
General
(a) Except as expressly provided in additional terms of use for
areas of the Site, a particular legal notice, or an additional
Agreement, these Terms of Use constitute the entire agreement
between T-Net and you with respect to the subject matter hereof.
(b) Any cause of action you may have with respect to your use of
this Site or which is the subject of these Terms of Use must be
commenced within one (1) year after the claim or cause of action
arises. (c) If for any reason a court of competent jurisdiction or
arbitrator finds any provision of these Terms of Use or portion
thereof to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of these Terms
of Use, and the remainder of these Terms of Use shall continue in
full force and effect. (d) The relationship of the parties is solely
that of independent contractors and neither party shall have any
authority to act for or bind the other party. (e) The waiver of any
breach or default hereunder shall not constitute the waiver of any
other or subsequent breach or default. (f) No changes to these Terms
of Use shall be made except by a revised posting at the Site. (g)
The headings and captions of sections and paragraphs contained in
these Terms of Use are all inserted for convenience of reference
only and are not to be considered when interpreting these Terms of
Use.
17.
Additional Terms of Use.
Certain areas of this Site may be 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.
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