T-NET WEBSITE TERMS OF USEThese 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 21, 2007 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, resumes, data, text, software or images,
or other materials to the Site ("Content"), 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 ("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
allow job postings or employment requirements to remain posted on
the Site for more than 24 hours after they are no longer viable or valid.
To the extent that a position is placed on "hold" or is
otherwise not available for immediate placement, the posting must be
removed from the Site until such time as the position is a viable opening; 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 payment terms enclosed herein. 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 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 You
must supply a username and password to gain access to some portions of the
Site or Services. 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. 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 © 1997-2006
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, T-Net 100 Awards Program, 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
T-NET AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT 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, 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.
|
||
|
||
