Disclaimer

Last updated February, 15, 2007

Please read these Terms and Conditions carefully before using the computers at the Skills for Change Employment Resource Centre (SfC ERC) and accessing www.erc.skillsforchange.org. By using our computers and Web Site, you agree to be bound by the terms and conditions in each of these statements.

Note: "The opinions and interpretations in this publication/web site are those of SfC ERC and do not necessarily reflect those of the Government of Canada."

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TERMS AND CONDITIONS OF USE FOR SfC ERC COMPUTERS AND WEB SITE

SfC ERC computers and web site are provided and maintained by the SfC ERC. By accessing, using, and/or downloading messages, information, data, text, or images, or other materials from SfC ERC Computers and Web 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 and Conditions for each use and each visit of SfC ERC Computers and Web Site. If you do not agree to abide by these Terms and Conditions, you should not use SfC ERC Computers and Web Site or download or use materials from it.

1. Changes to Terms and Conditions
SfC ERC has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions of Use, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of SfC ERC Computers and Web Site immediately. Your continued use of SfC ERC Computers and Web Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.

2. Changes to this Site/SfC ERC Computers
The SfC ERC may terminate, change, suspend or discontinue any aspect of this Site and SfC ERC Computers at any time without notice or liability, removing, adding, modifying or otherwise changing any Materials on or from this Site and SfC ERC Computers, imposing limits on certain features and services or restricting your access to parts or all of this Site or SfC ERC Computers without notice or liability for any reason whatsoever. SfC ERC reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

3. Permitted and Prohibited Uses
The Site and SfC ERC Computers may be used only for lawful purposes by individuals seeking employment and career information. You agree to use the Site and SfC ERC Computers only to send Content and receive Materials that are proper and related to purpose of the Site and SfC ERC Computers.

SfC ERC grants you a non-exclusive, non-transferable, limited right to access, use the Site and SfC ERC Computers, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) 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 purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of SfC ERC; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site or SfC ERC Computers; (v) use this Site or SfC ERC Computers in any manner that could damage, disable, overburden or impair this Site or SfC ERC Computers; (vi) interfere with the security of, or otherwise abuse, this Site or SfC ERC Computers or any services, system resources, accounts, servers or networks connected to or accessible through this Site or SfC ERC Computers or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or SfC ERC Computers or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site and SfC ERC Computers any Content that would negatively affect the functioning of the Site or SfC ERC Computers, 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 and SfC ERC Computer's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or SfC ERC Computers or the Materials in whole or in part; (x) attempt to obtain unauthorized access to this Site or portions of this Site or SfC ERC Computer Network that are restricted from general access; (xi) transmit on, to or from this Site or SfC ERC Computers spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xii) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site or SfC ERC computers, including e-mail addresses, without their consent

RESTRICTIONS ON POSTINGS/INFORMATION ADDED TO www.erc.skillsforchange.org

You may post certain Content to the Site - however, no Content will be added to SfC ERC.ca without the approval of the web developer and in adherence with the lawful, stated purposes of this Site. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate information or information which is not your own; (ii) post any franchise, pyramid scheme, "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; (iii) post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (iv) impersonate any person or entity, including without limitation a SfC ERC employee or agent, an authorized user of SfC ERC’s Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresenting your affiliation with any person or entity; (v) post opinions, notices or advertisements, commercial or otherwise or solicit business

SfC ERC reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in the SfC ERC's sole discretion is objectionable or in violation of these Terms and Conditions.

4. Links and Third Party Content
Certain links on this Site may take you to other web sites. The SfC ERC provides these links only as a convenience. These linked sites are not necessarily under the control of SfC ERC. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

SfC ERC is not responsible for the contents of any such linked page or any other page not under its control. SfC ERC makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that the SfC ERC 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 SfC ERC.

5. Linking Agreement
SfC ERC welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

(a) A link may be established to the following home page (the "Home Page") of this Site: http://www.erc.skillsforchange.org.

(b) If you link to this Site, SfC ERC grants you a limited, non-exclusive, non-transferable, royalty-free license to use SfC ERC trademark and Internet icons, if available, solely for the purpose of serving as a link from your web site to this Site.

(c) You acknowledge that all rights to the Marks, the content appearing on SfC ERC Website pages and the "look and feel" of the Web Pages belong to SfC ERC. You will not at any time directly or indirectly contest or infringe these rights.

(d) If you link to this Site, your web site:

may not create frames around any part of this Site or use other techniques that alter the visual presentation of this Site; may not imply that SfC ERC is endorsing you or your products or services, may not imply an affiliation between your company and SfC ERC; may not misrepresent your relationship with SfC ERC or present false or misleading impressions about SfC ERC’s Services; and may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups; (e) SfC ERC shall have no responsibility or liability for any content appearing on your web site;

(f) SfC ERC may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If SfC ERC exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks;

SfC ERC may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.

6. Disclaimers
You acknowledge that any use of or reliance on this Site, SfC ERC computers or any Materials shall be at your sole risk. SfC ERC makes no representation or warranty of any kind regarding the Site and/or SfC ERC computers, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. SfC ERC DOES NOT WARRANT THAT THIS SITE OR SfC ERC COMPUTERS 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, is provided by third parties on an "As Is" basis, and SfC ERC does not review it. SfC ERC 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 or SfC ERC Computers. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate professional advice.

SfC ERC does not screen or censor the sites offered on an ongoing basis. As a result, SfC ERC has no control over the quality, safety or legality of the sites posted and the truth or accuracy of these sites. 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 with whom you come in contact through the Site or SfC ERC Computers.

Because user authentication on the Internet is difficult, SfC ERC 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 behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release SfC ERC 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.

SfC ERC is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site and SfC ERC Computers. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. SfC ERC does not guarantee, and makes no representations or warranties 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. Changes are periodically made to the Site and may be made at any time.

This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that SfC ERC shall have no liability whatsoever for any such third party material, data or information.

SfC ERC shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site or on linked sites.

7. Limitation of Liability

YOU AGREE THAT SfC ERC AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR SfC ERC COMPUTERS, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF SfC ERC, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

8. Indemnity
You agree to defend, indemnify and hold harmless each of SfC ERC, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, 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 and SfC ERC Computers or your breach of these Terms and Conditions.

9. Choice of law
This Site and SfC ERC Computers are controlled, operated and administered by SfC ERC. SfC ERC makes no representation or warranty that materials at this Site 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 laws.

10. General
(i) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between SfC ERC and you with respect to the subject matter hereof; (ii) 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; (iii) No changes to these Terms and Conditions shall be made except by a revised posting on this page.

11. Additional Terms of Use. Certain areas of this Site and SfC ERC Computers 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.