100K Executive Search Terms and Conditions
This page states the "Terms and Conditions" under
which you may use Website. Please read this page carefully. If
you do not accept the Terms and Conditions stated here, do not use this
web site and service. By using this web site, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions. Website , (the "Company") 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 refer to all individuals
and/or entities accessing this web site for any reason.
Use of Web Site Content.
The Company authorizes You to view and access a single copy of
the content available on or from Website (the "Web Site") solely
for your personal, non commercial use.
The contents of this Web Site, such as text, graphics, images,
logos, button icons, software and other Web Site content (collectively,
"Web Site Content"), are protected under both United States and foreign
copyright, trademark and other laws. All Web Site Content is the
property of the Company or its content suppliers or clients. The
compilation (meaning the collection, arrangement and assembly) of all
content on this Web Site is the exclusive property of the Company and
protected by Canadian, U.S. and international copyright laws. Unauthorized use of
the Web Site Content may violate copyright, trademark, and other laws.
You must retain all copyright, trademark, service mark and other
proprietary notices contained in the original Web Site Content on any
copy you make of the Web Site Content. You may not sell or modify the
Web Site Content or reproduce, display, publicly perform, distribute,
or otherwise use the Web Site Content in any way for any public or
commercial purpose. The use of the Web Site Content on any other web
site or in a networked computer, including internet groups or chat room
environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company
creates to generate any Web Site Content or the pages making up
Website. It is also protected by the Company's copyright.
Acceptable Site Use
General Rules: Users may not use Website in order to
transmit, distribute, store or destroy material, including without
limitation Web Site 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 Site Security Rules
Users are prohibited from violating or attempting to violate
the security of the Website 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 Website website, overloading, "flooding", "spamming",
"mailbombing" or "crashing", or (d) forging any TCP/IP packet header or
any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or
criminal liability. The Company 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
Specific Prohibited Uses
Website may be used only for lawful purposes by
individuals seeking employment, career information and employers
seeking employees. The Company specifically prohibits any use of the
Web Site, and all users agree not to use the Web Site, for any of the
following: Posting any incomplete, false or inaccurate biographical
information or information which is not your own accurate resume
(living individual seeking employment on a full-time or part-time basis
on his or her own behalf).
Posting any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other
business opportunity which requires an up front or periodic payment,
pays commissions only (except for postings that make clear that the
available job pays commission only and clearly describes the product or
service that the job seeker would be selling, in which case such
postings are permissible), requires recruitment of other members,
sub-distributors or sub-agents.
Using the Website Resume Database for any purpose other
than as an employer seeking employees, including but not limited to
using the information in the Resume Database to sell or promote any
products or services.
Sending unsolicited mail or e-mail, making unsolicited phone
calls or sending unsolicited faxes regarding promotions and/or
advertising of products or services to a user of Website.
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 Website or any
activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately large load on the Website website infrastructure.
If You have a password allowing access to a non-public area of
this Web Site, 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
Website other than the search engine and search agents available
from the Company on such Website Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer, Mozilla Firefox).
Attempting to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way making up a part
of the Website website.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from Website.
Framing of or linking to any of the Web Site Content or information available from Website.
When You register for the Web Site, You will be asked to
provide the Company with certain information including, without
limitation, a valid email address (your "Information"). In addition to
this Web Site, You understand and agree that the Company may disclose
to third parties, on an anonymous basis, certain aggregate information
contained in your registration application. The Company 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. The Company 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 the Company or by third parties.
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 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 material that is off-topic on
topic-specific message boards; 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.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users or endorses
any opinions expressed by users. You acknowledge that any reliance on
material posted by other users will be at your own risk.
The Company 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, the Company may investigate the
allegation and determine in good faith and its sole discretion whether
to remove or request the removal of the communication. The Company has
no liability or responsibility to users for performance or
nonperformance of such activities. The Company reserves the right to
expel users and prevent their further access to the Web Site for
violating the Terms and Conditions or the law and the right to remove
communications which are abusive, illegal, or disruptive. The Company
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 the Company or may cause the Company to lose
(in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of
Website, Including message boards, forums, contests and chat
rooms, You grant the Company and its affiliates the loyalty-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 subscriber to
access, display, view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content placed on the
Web Site retains any and all rights that may exist in such content.
Any hyperlinks, "hidden" keywords or any keywords that are
irrelevant to the job or are otherwise misleading contained in a job
posting are prohibited.
We appreciate hearing from our customers and welcome your
comments regarding our services and the website. Please
be advised, however, that our policy does not permit us to accept or
consider creative ideas, suggestions, inventions or materials other
than those, which we have specifically requested. While we do value
your feedback on our services, please be specific in your comments
regarding our services and do not submit creative ideas, inventions,
suggestions, or materials. If, despite our request, You send us
creative suggestions, ideas, drawings, concepts, inventions, or other
information (collectively the "Submission"), the Submission shall be
the property of the Company. None of the Submission shall be subject to
any obligation of confidence on our part and we shall not be liable for
any use or disclosure of any Submission. The Company shall own
exclusively all now known or later discovered rights to the Submission
and shall be entitled to unrestricted use of the Submission for any
purpose whatsoever, commercial or otherwise, without compensation to
You or any other person who submitted the Submission.
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 the Company immediately of any unauthorized use of
your registration or password.
Policy Regarding Termination Of Users And Account Holders Who
Repeatedly Infringe The Copyright Or Other Intellectual Property Rights
Website respects the intellectual property of
others, and we ask our users, account holders and content partners to
do the same. The unauthorized reproduction, copying, distribution,
modification, public display or public performance of copyrighted works
constitutes infringement of the copyright owners rights. As a condition
to your use of this Web Site, You agree not to use the Web Site or any
other Website Site to infringe the intellectual property rights of
others in any way. We will terminate the accounts of any account
holders, and block access to our Web Site and/or the other Website
Sites of any users, who are repeat infringers of the copyrights, or
other intellectual property rights, of others. We reserve the right to
take these actions at any time, in our sole discretion, with or without
notice, and without any liability to the account holder who is
terminated or to the user whose access is blocked.
The Company's Liability.
Website is only a venue. This Web Site acts as a venue
for employers to post job opportunities and candidates to post resumes
and does not screen or censor the listings offered. The Company is not
involved in the actual transaction between employers and candidates. As
a result, the Company 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 Website.
Because user authentication on the Internet is difficult, the
Company 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 Website, in the event
that You have a dispute with one or more users, You release the Company
(and our agents and employees) 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,
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 Web Site.
The Web Site Content may contain inaccuracies or typographical
errors. The Company makes no representations about the accuracy,
reliability, completeness, or timeliness of Website or the Web
Site Content. The use of Website and the Web Site Content is at
your own risk. Changes are periodically made to 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 Website.
The Company is not to be considered to be an employer with
respect to your use of Website and the Company shall not be
responsible for any employment decisions, for whatever reason made,
made by any entity posting jobs on Website.
THE COMPANY DOES NOT WARRANT THAT Website WILL OPERATE
ERROR-FREE OR THAT Website AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF Website OR
THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE
EMR JOBSITE SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE
CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED ON Website BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ACCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE Website
AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site and certain other Website Sites contain links
to third party web sites. These links are provided solely as a
convenience to You and not as an endorsement by the Company of the
contents on such third-party Web sites. The Company 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 Web sites. If you decide to access linked third party Web
sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations
commercial use of Website.
LIMITATION OF LIABILITY
Website'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION
WITH Website OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF
THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR
OTHERWISE), WILL NOT EXCEED $100.
The Company 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 Web Site and the other Website Sites and
immediate termination of your registration with or ability to access
this Web Site and the other Website Sites and/or any other service
provided to You by the Company, upon any breach by You of these Terms
and Conditions or if the Company is unable to verify or authenticate
any information You submit to the Web Site.
You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees and agents, from and against any
claims, actions or demands, Including without limitation reasonable
legal and accounting fees, alleging or resulting from (i) any material
You provide to Website, (ii) any Web Site Content that You use
or (iii) your breach of the terms of these Terms and Conditions. The
Company 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.
The Company makes no claims that the Web Site Content may be
lawfully viewed or accessed outside of Canada or the United States. Access to the
Web Site Content may not be legal by certain persons or in certain
countries. If You access the Web Site from outside of the United
States, You do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. 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. 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
Notice," or Software License or material on particular Web pages, these
Terms and Conditions constitute the entire agreement between You and
the Company with respect to the use of Web Site. No changes to these
Terms and Conditions shall be made except by a revised posting on this