Quickselect™ - Terms and Conditions

CONDITIONS OF USE

Access to this Web Site is conditional on acceptance of the following terms and conditions. Your access to and use of this Web Site or materials from it constitutes acceptance of these terms and conditions, which, save as expressly provided, constitute the entire agreement between QuickSelect and you with respect to the subject matter hereof.

Proprietary Rights
QuickSelect services, methods, contents, concept, accompanying software, files, images, code, data, derivatives (“materials”) and processes are protected by Canadian and worldwide copyright, trademark and patent and intellectual property laws and other rights and treaty provisions (“proprietary rights”). You acknowledge that all such proprietary rights appearing on the QuickSelect Web Site belong to QuickSelect and you agree to comply with all laws in your use of this Site. QuickSelect does not grant any right or license, express or implied, to any proprietary rights or materials.

Content
Information and Content posted on this Web Site may be inaccurate, deceptive, offensive or harmful. User authentication is difficult and there are risks associated in dealing with persons unknown to you. QuickSelect does not screen, censor or review information or content provided or posted on this Site, nor does it make any effort or have any obligation or responsibility to control or validate any information and content passing or posted over the Web Site. QuickSelect does not warrant, guarantee or make any representations as to the truth, accuracy, completeness, quality, safety, usability, legality, of information or content or ability of Employers to provide employment or Candidates to qualify for posted employment opportunities, or with respect to the results obtained from use.

Use
Subject to and provided you comply with these Terms and Conditions of Use, you may have a non-exclusive, non-transferable, limited right to access and use the Web Site to send and receive content relative to the purposes thereof. You may only post content for the lawful, stated purposes of this Site and you or any other persons acting on your behalf who access this Web Site or services provided hereunder shall not, either, directly or indirectly:

(i) collect information about others, except for the stated purposes provided by this Site, including e-mail addresses, without their consent;
(ii) copy, reproduce, modify, decompile, disassemble or reverse engineer, transfer, sell, lease, or assign any of the contents or software comprising part of the Web Site or services provided herein;
(iii) use any program or device process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part
(iv) contest or infringe the copyrighted work of QuickSelect or its licensors;
(v) use this Web Site in any manner that could damage, impair, disrupt or interfere with the security of this Web Site or any services, system resources, accounts, servers or networks connected to or accessible through this Web Site, or with any other person's use or enjoyment of this Web Site, or affiliated or linked sites;
(vi) use or attempt to use another's account, password, service, system or other information or create or use a false identity on this Site;
(vii) impersonate any person or entity, including without limitation a QuickSelect employee or agent, an authorized user of QuickSelect' Services, a Candidate, an Employer or an Employee, or otherwise misrepresenting your affiliation with any person or entity;
(viii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access;
(ix) broadcast, mass distribute, transmit or otherwise send any message or unsolicited e-mail on, to or from this Site;
(x) transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof;
(xi) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
(xii) use the service or submit to the Provider for publication, any material which violates or infringes any copyright, trade mark, trade secret, patent, statutory or common law or other proprietary rights of others, or that is illegal, libelous, slanderous, or which contains anything obscene or pornographic;
(xiv) post or transmit any incomplete, false or inaccurate information or any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortuous or 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;
(xv) delete or revise any material posted by any other person or entity;
(xvi) post opinions, notices or advertisements, commercial or otherwise or solicit business from Employers or Employers who post on the Site, including any solicitation by any of our competitors of Employers or Employers who post on the Site.

Publication or posting of material or content submitted by you does not create any express or implied approval of such material or content by QuickSelect or constitute compliance with the terms of this Agreement. You acknowledge and agree that you are solely responsible:

(i) for all your actions and communications undertaken or transmitted in the course of your use of this Web Site, including without limitation, the form, content and accuracy of any information or content posted or placed by you;
(ii) to comply with all laws that apply to your use of or activities on this Site or in respect of the Content and Materials;
(iii) to maintain the confidentiality of your registration information and password;
(iv) for your site maintenance and for all files residing on your servers, changes, modifications, HTML coding, scripting, or programming, independent back-up of data stored on your servers and for securing your username and password; and
(v) to immediately notify QuickSelect of any unauthorized use of your registration or password;

QuickSelect reserves the right to remove any and all materials that, in its sole opinion, offend or infringe on these restrictions and it may immediately terminate this agreement for any breach thereof. Use of this Web Site in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by QuickSelect, in its sole discretion, shall be considered a breach of this agreement and may result in termination of your right to use the service. QuickSelect may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

QuickSelect reserves the right at all times to investigate occurrences which may involve violations of the terms and contents herein and may 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 QuickSelect' sole discretion is objectionable or in violation of these Terms and Conditions.

QuickSelect shall maintain control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

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 QuickSelect shall have no liability whatsoever for any such third party material, data or information.

Should you have a dispute with one or more users, you release QuickSelect, its affiliates, directors, officers, agents and employees from all claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.

Changes to Terms and Conditions
QuickSelect may in its sole discretion terminate, modify, change, suspend or discontinue any aspect of this Site or fee charges hereunder at any time without notice or liability. Changes will be effective when notice of such change is posted at this Web Site and your continued use of this Web Site constitutes acceptance of any and all amended or modified terms.

Disclaimer
QuickSelect has no influence or input on employment decisions and is not responsible for any consequences arising from such decisions. Any use of or reliance on this Web Site, the services, facilities, information, content or any related materials posted or passing, and your dealings with persons with whom you come into contact shall be at your sole risk. QuickSelect is not responsible for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider you may utilize.

Warranty
QUICKSELECT MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. QUICKSELECT DOES NOT WARRANT THAT THE SITE WILL OPERATE CONTINUALLY OR WITHOUT INTERUPTION OR THAT IT WILL BE ERROR FREE. ALL SUCH WARRANTIES ARE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED AND EXPRESSLY DISCLAIMED BY QUICKSELECT AND WAIVED BY YOU.

Limitation of Liability
QUICKSELECT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER OR HOWSOEVER CAUSED, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFIT, REVENUE, CONTRACT OR GOODWILL, OR OTHER BUSINESS OR ECONOMIC LOSS, FOR LOSS OF INFORMATION, PROGRAMS OR DATA ARISING FROM OR IN CONNECTION WITH SERVICE INTERUPTIONS, LOSS RESULTING FROM ANY ERROR, FAILURE, OR DELAY OR INABILITY TO ACCESS QUICKSELECT OR ANY CONTENT OR MATERIALS PROVIDED. YOU AGREE THAT QUICKSELECT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE HEREOF IS SOLELY LIMITED TO THE AMOUNT YOU HAVE PAID TO USE QUICKSELECT.

Indemnity
You agree to defend, indemnify and hold harmless QuickSelect, its affiliates, their officers, directors, employees, representatives and agents from and against any and all claims, actions, demands and costs, howsoever arising or resulting from your use of the Service, Site, the submission or posting of content or your breach of these Terms and Conditions, or for any act or omission whatsoever, including without limitation, claims arising from acts of libel, violations of privacy, infringement of copyright, patent, trade mark or other intellectual property law.

Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with laws of the Province of Ontario. Any action or proceeding related to the services provided or these terms and conditions shall be commenced and maintained in the Province of Ontario, provided that QuickSelect shall not be constrained from taking legal action in any other jurisdiction for purposes of enforcing its rights hereunder.

Waiver
Failure to insist upon or enforce strict performance of any provision of these Terms and Conditions or any amendment thereof shall not be construed as a waiver of any such provision or right. Any waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.

Invalid Provisions
If any provision of theses Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the other provisions herein which shall remain in full force and effect.

Relationship
Nothing contained herein shall constitute the relationship of the parties using this Site or QuickSelect as a partnership, joint venture or other business association. No party shall have any authority to act for or bind any the other party. No advisory, fiduciary or other relationship is created by accessing or otherwise using this Site.