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PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. The user�s ("you" and "your" indicate the user) use of this website is expressly conditioned on your acceptance of the following terms and conditions and by using this website, you expressly agree to be bound by the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use, and DVI (defined below) does not consent to your use of, this website. In consideration of your use of this website and the mutual covenants and agreement in this Terms and Conditions of Use Agreement (the "Agreement"), you agree, without modification, as follows:

  1. OWNERSHIP. This website, and each of its modules, together with the arrangement and compilation of the content found on this website, is the copyrighted property of data Vinci Inc. ("DVI"). In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and/or common law trademarks of DVI, its affiliates, and various third parties (as indicated). Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of DVI, or such other party that may own the Trademarks.

  2. USE OF WEBSITE. DVI grants you a limited, non-transferable license to use this website in accordance with this Agreement. You may only use this website to search events; post or view jobs or CV�s/résumés; participate in the discussion forum; and to use tools and access content related to those functions. You shall not use this website for any other purposes, and agree, without limiting the foregoing, to the following:

    1. You shall not copy, reproduce, republish, upload, post, transmit, distribute, this website and the content in it, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, without the written permission of DVI. Notwithstanding the foregoing, you may download, display and print the materials presented on this website for your personal, non-commercial use only, provided that you retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and do not alter, obscure or obliterate any such notices.

    2. You shall not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the website pages, data or content found on this website, without the prior written permission of DVI. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. You shall not take any action that imposes a burden or load on the infrastructure that DVI deems in its sole discretion to be unreasonable or disproportionate to the benefits DVI obtains from your use of this website.

    3. You are prohibited from:

    1. posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, harassing, hateful, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;

        1. posting or transmitting material that is off-topic on topic-specific message boards;

        2. transmitting or otherwise transferring any website pages, data or other content found on this website to any other computer, network, server, website, or other medium for mass distribution or for use in any commercial enterprise;

        3. using this website to sell or promote any products or services, send or make any unsolicited mail, e-mail, phone calls or faxes, to a user of this website, without the prior written agreement of DVI;

        4. impersonating another person;

        5. deleting any material posted by any other person or entity;

        6. posting any incomplete, false or inaccurate biographical information or information that is not your own accurate CV/résumé (you must be a living individual seeking full-time or part-time employment on your own behalf); and

        7. posting or transmitting any information that:

            1. infringes the rights of others or violates their privacy or publicity rights;

            2. is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right;

            3. contains a virus, bug or other harmful item;

            4. or is used to unlawfully collude against another person in restraint of trade or competition.

    1. You may not send automated queries of any sort to DVI�s website without express permission in advance from DVI. Note that "sending automated queries" includes, among other things:

        1. using any software which sends queries to this website to determine how a website is "ranked" for various queries;
        2. "meta-searching" this website; and
        3. performing "offline" searches on this website.

 

  1. PRIVACY. You acknowledge that you have read the DVI Privacy Policy, the terms of which are incorporated in this Agreement, and agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by DVI in accordance with the terms of and for the purposes set forth in the DVI Privacy Policy.

  2. REVIEW OF TRANSMISSIONS. DVI may (but is not obligated to), from time to time monitor, review and delete any information transmitted through or received by this website, including information on message boards, forums, and chat rooms. You grant DVI and its affiliates a loyalty-free, perpetual, irrevocable, sub-licensable (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. Unregistered users can view and read forum posts. Registered users have additional privileges, for example, the ability to post remarks on the forum. Subject to the foregoing, the owner of such content placed on this website retains any and all rights that may exist in such content.

  3. REMOVAL OF LINKS OR CACHED MATERIALS. DVI may occasionally receive requests from people to remove links from its indices. Although DVI reserves the right to address such requests individually, the general approach that DVI takes reflects the following principles:

        1. DVI�s search engine indices consist of information that has been indexed, compiled and updated through an automated process with no review by human beings. For each website reflected in DVI�s indices, if either (i) an owner restricts access to his or her website or (ii) a website is taken down from the web, then, upon receipt of a request by the owner or a third party in the second instance, DVI would consider on a case-by-case basis requests to remove the link to that website from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create and update the indices are likely to find that website and index it again in a relatively short amount of time.

        2. DVI stores many web pages to retrieve for users as a back-up in case the page's server temporarily fails. Website owners may block DVI from returning stored versions of their pages by using the NOARCHIVE meta-tag. Website owners may also request immediate removal of cached page from the DVI search engine. DVI evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted. The steps necessary to remove stored pages, and to prevent a website from being stored and/or included in the indices are described in the Frequently Asked Questions [FAQs] accessible through this site.

  4. EXCLUSION OF WARRANTY. DVI MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. DVI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DVI DOES NOT PROVIDE AND WARRANIES WITH RESPECT TO:

        1. THE ACCURACY, COMPLETENESS, LEGALITY, OPERABILITY, CURRENCY OR RELIABILITY OF THIS WEBSITE OR ANY OF THE SERVICES, CONTENT OR DATA FOUND ON IT;

        2. THE ABSENCE FROM THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM DVI, OF VIRUSES OR OTHER HARMFUL COMPONENTS;

        3. GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE; AND

    (d) the truthfulness, accuracy or reliability of communications posted by users or THE opinions expressed by them. You acknowledge that any reliance on material posted by other users will be at your own risk.

  5. LIMITATION OF LIABILITY. IN NO EVENT SHALL DVI or its officers, directors, employees, consultants, representatives, OR agents (collectively, its "Agents") BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, EQUITY, TORT, STRICT LIABILITY, OR OTHERWISE (EVEN IF DVI HAS BEEN ADVISED OF THE POSSIBILTY OF DAMAGES), WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS WEBSITE OR ITS CONTENT. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, NEITHER DVI NOR ITS AGENTS SHALL BE LIABLE FOR:

        1. any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website;

        2. THE FORM, CONTENT AND ACCURACY OF ANYTHING (INCLUDING, WITHOUT LIMITATION, A RÉSUMÉ OR OTHER POSTING) PLACED BY YOU OR ANY OTHER USER ON THIS WEBSITE OR THE SCREENING, REMOVAL OR NON-REMOVAL OF THAT MATERIAL;

        3. DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE;

        4. ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE;

        5. THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA;

        6. THE PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THIS WEBSITE;

        7. ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OR MISUSE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE;

        8. the quality, safety, legality, truth or accuracy of the jobs or RÉsumÉs posted, the ability of employers to offer job opportunities to candidates, the ability of candidates to fill job openings posted, or any decisions made by any entity posting OR RESPONDING TO jobs;

        9. TO the risks associated with dealing with other users with whom You come in contact through this website;

    If, notwithstanding the foregoing, DVI or any of its Agents should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this website or its content, the liability of DVI or its Agent (as applicable) shall in no event exceed the greater of (a) the current year�s subscription fee for accessing this website, if any, or (b) CND$100.00. You expressly waive your right to participate in a class action suit against DVI of any of its Agents for any cause of action arising out of this Agreement or your use of this website.

  6. FORCE MAJEURE. Without limiting section 6 of this Agreement, under no circumstances shall DVI or its Agents be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  7. INDEMNIFICATION AND RELEASE. You shall defend and indemnify DVI and its Agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described in this Agreement or by third parties as a result of your use of this website or, without limitation from (i) any material you provide to this website, (ii) any content that you use on this website, or (iii) your breach of the terms of this Agreement. DVI 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. In the event that you have a dispute with one or more users, you release DVI and its Agents from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseen and unforeseen, anticipated and unanticipated arising out of or in any way connected with such disputes.

  8. LINKS. This website may contain links to other websites from time to time that are provided solely as a convenience to you and the inclusion of any link does not imply an endorsement, verification or investigation by DVI of the contents of such other websites. DVI shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents, data or materials on such websites. If you decide to access other websites, you do so at your own risk.

  9. USER REPRESENTATIONS AND WARRANTIES. You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this Agreement and to use this website in accordance with all terms and conditions in this Agreement. You agree to be financially and otherwise responsible for all of your use of this Website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Website by minors under your name or account.

  10. RELATIONSHIP. No partnership, joint venture, fiduciary, employment or agency relationship exits between you and DVI as a result of this Agreement or your use of this website.

  11. GOVERNING LAW. DVI makes no claims that this website may be lawfully viewed or accessed outside of Canada. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in it and shall in all respects be treated as an Ontario contract, without regard to your actual Province or Country of your residence or where this website is accessed. You irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals from them. Any conflict of laws principle or rule that would impose a law of another jurisdiction for the construction of this Agreement is renounced. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within one (1) year from the date on which such claim or action arose or accrued.

  12. LEGAL FEES. If DVI takes any action to enforce this Agreement, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary legal fees and any cost of litigation, in addition to any other relief, at law or in equity, to which it may be entitled.

  13. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any part of this Agreement will cause irreparable damage to DVI, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that DVI shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by DVI in obtaining such an injunction, including, without limitation, reasonable lawyer's fees. You agree that no bond or other security shall be required in connection with such injunction.

  14. TERMINATION. DVI may terminate this Agreement and/or the provision of any of the services (including access to this website), at any time, without notice, for any reason, including any improper use of this website or your failure to comply with this Agreement. Such termination shall not affect any right to relief to which DVI may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to DVI. DVI may take any action, without notice, with respect to user-submitted information that DVI deems necessary or appropriate in its sole discretion if it believes the information may create any type of liability for DVI.

  15. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations under this Agreement. DVI may assign its rights and obligations under this Agreement without your consent and shall be relieved of any further obligations to you after that assignment.

  16. MODIFICATION. DVI may at any time modify this Agreement and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.

  17. ADDITIONAL TERMS. Additional terms and conditions may apply to the posting of advertisements, jobs, to the purchases of goods and services and to other uses of portions of this website (as indicated), and you agree to abide by such other terms and conditions, as applicable.

  18. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and that determination shall not affect the validity and enforceability of any other remaining provisions.

  19. HEADINGS. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions in it.

  20. ENTIRE AGREEMENT. This Agreement, together with any terms and conditions incorporated or referred to in it constitute the entire agreement between us relating to the subject matter in this Agreement, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.