Terms and Conditions
This web site is provided by ITAP FUSION. The following are the "Terms and Conditions"
under which you may use ITAPFUSION.ca. (“Website”). Please read this page carefully.
If you do not accept the Terms and Conditions stated here, do not use this Website
and service, download any material from the Website. By accessing, downloading,
messages, information, data, text, software, images or other materials to this Website
(“Content”), or by sending messages, information, data, text, software, images or
other materials to this Website (“Materials”) you agree on your own behalf and on
behalf of any entity on whose behalf you are acting to accept and be bound by these
Terms and Conditions for each and every visit to this Website. .
Change to Terms and Conditions
ITAP FUSION 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 refers to all
individuals and/or entities accessing this Website for any reason. In any change
is not acceptable to you, you should stop using this site immediately. Your continued
use of this Website or downloading or use of any Content from the site after such
changes are posted will constitute acceptance of those changes.
Changes to Website
ITAP FUSION may, at any time, in its sole discretion make any changes to this Website,
including termination at any time without notice or liability and including the
following (1) changing the availability of any feature, (2) change any fees or charges
for use of the Website, including new or increased fees for use of the Website or
for other site-related services, (3) removing or otherwise changing any content
on the site, (4) restricting access to any parts or all of the site for any reason.
Permitted Use
The Website may only be used for lawful purposes by individuals seeking employment
and career information and by employers and recruitment companies seeking employees.
You agree to use this site only to send material and receive content that is lawful
and related to the purpose of the site.
ITAP FUSION authorizes persons seeking employment to view and download a single
copy of the material on the Website solely for their personal, noncommercial use.
The contents of this Website, such as text, graphics, images, logos, button icons,
software and all other such "Content", are protected under both Canadian and foreign
copyright, trademark and other laws. All Content is the property of ITAP FUSION
or its content suppliers or clients. The compilation (meaning the collection, arrangement
and assembly) of all Content on this Website is the exclusive property of ITAP FUSION
and protected by Canadian and international copyright laws. Unauthorized use of
the Content may violate copyright, trademark, and other laws. You must retain all
copyright, trademarks, service-marks 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 website or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that ITAP FUSION creates to generate its
pages. It is also protected by ITAP FUSION’s copyright.
Acceptable Site Use.
General Rules: Users may not use the Website in order to transmit, distribute, store
or destroy Content (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.
Website Security Rules: Users are prohibited from violating or attempting to violate
the security of the Website, 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 Website, 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, (f) using any robot, spider or other automatic program or device
or manual process to monitor, copy, summarize, or otherwise extract information
from this Website or the Content. Violations of system or network security may result
in civil or criminal liability. ITAP FUSION 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.
In order to ensure a safe and effective experience for all of our customers, ITAP
FUSION reserves the right to limit the amount of data (including resume views) that
may be accessed by you in any given time period. These limits may be amended in
ITAP FUSION’s sole discretion from time to time.
Specific Prohibited Uses.
The Website may be used only for lawful purposes by individuals seeking employment
and career information and employers seeking employees. Subject to these Terms and
Conditions, ITAP FUSION grants the user a non-exclusive, non transferable, limited
right to access, use and view this Website and the Content thereon, solely for your
own personal or internal company use. The following are prohibited uses of this
Website:
Removing, from any copy of the Content downloaded, the copyright or other proprietary
notices contained in the Content;
Selling, reproducing, or modifying the Content in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any public or commercial
purpose, including without limitation use of the Content on any other website;
Transferring any Content to any other person without the written consent of ITAP
FUSION;
Printing our copying any of the HTML or other computer programs that are accessible
at this Website;
Posting any incomplete, false or inaccurate biographical information or information
which is inaccurate or false
Posting any franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which requires an
upfront or periodic payment, pays commissions only (no significant salary), requires
recruitment of other members, sub-distributors or sub-agents.
Posting any jobs on any ITAP FUSION Site for any competitor of ITAP FUSION or posting
jobs or other Content that contains links to any site competitive with ITAP FUSION.
Posting jobs for Modeling or Talent or Talent Scouting positions. ITAP FUSION does
not provide services for companies that offer this type of employment.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with
the proper working of this Website or any activity being conducted on this site.
Taking action which will impose an unreasonable or disproportionately large load
on this Website’s infrastructure.
If you have a password allowing access to a non-public area of this Website, disclosing
to or sharing your password with any third parties or using your password for any
unauthorized purpose.
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 website other than the search engine and search agents available
from ITAP FUSION on this website and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the website.
Aggregating, copying or duplicating in any manner any of the materials or information
available from the website.
Framing of or linking to any of the materials or information available from the
website.
User Information.
When you register with the Website, you will be asked to provide ITAP FUSION with
certain information including, without limitation, a valid email address (your "Information").
In addition to the terms and conditions that may be set forth in any privacy policy
on this website, you understand and agree that ITAP FUSION may disclose to third
parties, on an anonymous basis, certain aggregate information contained in your
registration application. ITAP FUSION 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. ITAP FUSION reserves the right to
offer third party services and products to you based on the preferences that you
identify in your registration and at any time thereafter; such offers may be made
by ITAP FUSION or by third parties. Please see ITAP FUSION’s Privacy Policy for
further details regarding your Information.
Posting Material
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 Website 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.
ITAP FUSION 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.
ITAP FUSION 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,
ITAP FUSION may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication. ITAP FUSION
has no liability or responsibility to users for performance or nonperformance of
such activities. ITAP FUSION reserves the right to expel users and prevent their
further access to the Website for violating the Terms and Conditions or the law
and the right to remove communications which are abusive, illegal, or disruptive.
ITAP FUSION 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 ITAP FUSION or may cause ITAP FUSION to lose (in whole or in part)
the services of its ISPs or other suppliers.
By submitting Material to any public or non-public area of the website, including
message boards, forums, contests and chat rooms, you grant ITAP FUSION and its affiliates
the royalty-free, perpetual, irrevocable, sublicenseable (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 content (in whole or in part) worldwide and/or
to incorporate it 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 content.
You also warrant that the holder of any rights, including moral rights in such content,
has completely and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above. You also permit any
User to access, display, view, store and reproduce such content for personal use.
Subject to the foregoing, the owner of such content placed on the Website retains
any and all rights that may exist in such content.
Any hyperlinks contained in a job posting submitted by a User will be disabled when
such job posting is posted on an ITAP FUSION Site.
ITAP FUSION reserves the right at all times to disclose any Materials provided by
you as necessary to satisfy any law, regulation or governmental request, or to edit,
refuse to post or remove any Materials, in whole or in part, that IN ITAP FUSION’s
sole discretion is objectionable or in violation of these Terms and Conditions.
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 ITAP FUSION of any unauthorized
use of your registration or password.
Links to Other Sites
The website contains links to third party websites. These links are provided solely
as a convenience to you and not as an endorsement by ITAP FUSION of the contents
on such third-party websites. ITAP FUSION 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 websites. If you decide to access linked
third party websites, you do so at your own risk.
You agree not to resell or assign your rights or obligations under these Terms and
Conditions of Use. You also agree not to make any unauthorized commercial use of
the website.
ITAP FUSION's Liability
Any use or reliance of this Website is solely at your risk. ITAP FUSION makes no
representation or warranty of any kind regarding this Website, or the Content on
the Website, all of which is provided on an “AS IS” basis. ITAPFUSION.ca is only
a venue. This website acts as a venue for employers to post job opportunities and
candidates to post resumes and does not screen or censor the listings offered. ITAP
FUSION is not involved in the actual transaction between employers and candidates.
As a result, ITAP FUSION 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 website.
Because user authentication on the Internet is difficult, ITAP FUSION 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
ITAP FUSION, in the event that you have a dispute with one or more users, you release
ITAP FUSION (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 website. 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 Website.
The Material may contain inaccuracies or typographical errors. ITAP FUSION makes
no representations about the accuracy, reliability, completeness, or timeliness
of the website or the Material. The use of the website and the Material is at your
own risk. Changes are periodically made to the website 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 website.
Employers are solely responsible for their postings on the website.
ITAP FUSION is not to be considered to be an employer with respect to your use of
the website and ITAP FUSION shall not be responsible for any employment decisions,
for whatever reason made, made by any entity posting jobs on the website.
Disclaimer
ITAP FUSION DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE
WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, ITAP FUSION IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. ITAP FUSION, 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. ITAP FUSION MAKES
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Limitation of Liability
IN NO EVENT SHALL ITAP FUSION, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEBSITE 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 WEBSITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ITAP FUSION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The aggregate liability for ITAP FUSION to you for all claims arising from the use
of the Materials is limited to $100.
Termination
ITAP FUSION 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 website
and immediate termination of your registration with or ability to access the website
and/or any other service provided to you by ITAP FUSION, upon any breach by you
of these Terms and Conditions or if ITAP FUSION is unable to verify or authenticate
any information you submit to the website registration with or ability to access
the website.
Indemnity
You agree to defend, indemnify, and hold harmless ITAP FUSION, 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 Content or your breach of the terms of
these Terms and Conditions. ITAP FUSION 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 this website 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
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 Website a particular "Legal Notice," or
Software License or material on particular Web pages, these Terms and Conditions
constitute the entire agreement between you and ITAP FUSION with respect to the
use of Website. No changes to these Terms and Conditions shall be made except by
a revised posting on this page.
Jurisdiction
ITAP FUSION makes no claims that the Content may be lawfully viewed or downloaded
outside of Canada. Access to the Content may not be legal by certain persons or
in certain countries. If you access the website 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 Alberta, 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 Province of Alberta.
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.