Terms
of Use
and Disclaimer
|
A. ACCEPTANCE
OF TERMS - Welcome to HumanResources.com! HumanResources.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 HumanResources.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 HumanResources.com.
HumanResources.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
HumanResources.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 HumanResources.com
shall be deemed your conclusive acceptance of the modified
agreement.
B.
DISCLAIMER - The information contained in HumanResources.com
is compiled
from a variety of sources ("Information
Providers"). HumanResources.com services and information
are provided “AS-IS” without warranty, express
or implied.
HumanResources.com and Information Providers make no warranty
as to the reliability, accuracy, timeliness, usefulness,
adequacy, completeness or suitability of the Service. HumanResources.com
and Information Providers cannot and do not warrant against
human and machine errors, omissions, delays, interruptions
or losses, including loss of data. HumanResources.com and
Information Providers do not warrant or guarantee that the
functions or Services performed in HumanResources.com will
be uninterrupted or error-free or that defects in HumanResources.com
will be corrected. No advice or information, whether oral
or written, obtained by you from HumanResources.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. Users of HumanResources.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 HumanResources.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, libelous, 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 HumanResources.com.
HumanResources.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 HumanResources.com has no control over such sites
and resources, you acknowledge and agree that HumanResources.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, HumanResources.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 HumanResources.com
in real time and to use the materials in HumanResources.com
in a manner consistent with paragraph F (Copyright) below.
F.
COPYRIGHT - The entire contents of HumanResources.com
are copyrighted as a collective work under the laws of Canada
and other copyright laws. HumanResources.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 HumanResources.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 HumanResources.com.
G.
LICENSES AND IDEA SUBMISSIONS - You agree to grant to
HumanResources.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 HumanResources.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 HumanResources.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
HUMANRESOURCES.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 HUMANRESOURCES.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 HUMANRESOURCES.COM.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS
YOU MAY HAVE AGAINST HUMANRESOURCES.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR
LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE
OF HUMANRESOURCES.COM.
NOTWITHSTANDING THE FORGOING PARAGRAPH, THE TOTAL LIABILITY
OF HUMANRESOURCES.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 HUMANRESOURCES.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 HUMANRESOURCES.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 HumanResources.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 HumanResources.com may terminate
your right to use HumanResources.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 - HumanResources.com and the HumanResources.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 HumanResources.com and govern
your use of the Service, superceding any prior agreements
between you and HumanResources.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 HumanResources.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.
HumanResources.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 endeavor 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 HumanResources.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. HumanResources.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. |
