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TERMS AND CONDITIONS OF USE OF DERC
COMPUTERS AND WEB SITE
DERC
Computers and web site are provided and maintained by the Dufferin Mall Employment Resource Centre (DERC). By accessing, using, and/or downloading messages,
information, data, text, or images, or other materials from
DERC
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
DERC
Computers and Web Site. If you do not agree to abide by these
Terms and Conditions, you should not use
DERC
Computers and Web Site or download or use
Materials from it.
1. Changes to Terms and Conditions
DERC 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
DERC
Computers and Web Site immediately. Your continued use of
DERC
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/DERC Computers
The DERC may terminate, change, suspend or discontinue any aspect
of this Site and DERC Computers at any time without notice or liability, removing, adding,
modifying or otherwise changing any Materials on or from this Site
and DERC Computers,
imposing limits on certain features and services or restricting your
access to parts or all of this Site or DERC Computers without notice or liability for any
reason whatsoever. DERC 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 DERC Computers may be used
only for lawful purposes by individuals seeking employment and career
information. You agree to use the Site and DERC Computers only to send Content and receive
Materials that are proper and related to purpose of the Site and DERC
Computers.
The DERC grants you a non-exclusive,
non-transferable, limited right to access, use
the
Site and DERC 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 DERC; (iv) print or copy any of the HTML or other
computer programs that are accessible at this Site or DERC Computers; (v) use this Site
or DERC Computers in
any manner that could damage, disable, overburden or impair this Site or
DERC Computers;
(vi) interfere with the security of, or otherwise abuse, this Site or
DERC Computers or
any services, system resources, accounts, servers or networks connected
to or accessible through this Site or DERC Computers or affiliated or linked sites; (vii)
disrupt or interfere with any other person's use or enjoyment of this
Site or DERC Computers or affiliated or linked sites; (viii) upload, post or otherwise
transmit on this Site and DERC Computers any Content that would negatively affect the
functioning of the Site or DERC 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 DERC 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 DERC Computers or the Materials in whole or in part; (x) attempt to obtain unauthorized access to this Site or
portions of this Site or DERC Computer Network that are restricted from general access; (xi)
transmit on, to or from this Site or DERC 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 DERC computers, including e-mail addresses, without their consent
RESTRICTIONS ON
POSTINGS/INFORMATION ADDED TO DERC.ca
You
may post certain Content to the Site - no Content will be added to
derc.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,
libellous, 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 DERC employee or agent, an authorized user of DERC’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
DERC
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 DERC'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 DERC provides these links only
as a convenience. These linked sites are not necessarily under the
control of DERC. 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.
DERC
is not responsible for the contents of any such linked page or any other
page not under its control. DERC 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 DERC
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 DERC.
5. Linking Agreement
DERC 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.derc.ca.
(b)
If you link to this Site, DERC grants you a limited, non-exclusive,
non-transferable, royalty-free license to use DERC 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 DERC
Website pages and the "look and feel" of the Web Pages belong to DERC. 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 DERC is endorsing you or your
products or services.
- may not imply an affiliation between your company and
DERC;
- may not misrepresent
your relationship with DERC
or present false or misleading impressions about DERC’s Services;
and
- may not contain materials that may be interpreted as
distasteful or offensive and should be appropriate for all age
groups;
(e) DERC shall have no responsibility or
liability for any content appearing on your web site;
(f) DERC
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 DERC
exercises this right, you will immediately remove all links to this Site
and cease using the Licensed Marks;
DERC 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, DERC computers or any Materials shall be at your sole
risk. DERC makes no representation or warranty of any kind regarding the
Site and/or DERC 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. DERC DOES NOT WARRANT THAT THIS
SITE OR DERC 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 DERC does not review
it. DERC 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 DERC Computers. No one should act,
or refrain from acting, based solely upon this or other general
information without first seeking appropriate professional advice.
DERC does not screen or censor the sites offered
on an ongoing basis. As a result, DERC 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 DERC Computers.
Because user authentication on the Internet is difficult, DERC 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 DERC 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.
DERC
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 DERC 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. DERC 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 DERC shall have no liability whatsoever for any such third party
material, data or information.
DERC 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 DERC 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 DERC COMPUTERS, THE MATERIALS, ANY CONTENT
PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF DERC, 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 DERC, 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
DERC Computers or your breach of these Terms and Conditions.
9. Choice of law
This
Site and DERC Computers are controlled, operated and administered by DERC. DERC 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 DERC 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 DERC 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.
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