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1.
General
This agreement explains the terms and conditions governing your use of
ESL Job Find web site, and any other content available on this website.
It represents the complete agreement and understanding between ESL Job
Find, hereinafter called "We" or "ESL Job Find," and
the person or organization who subscribes to the Service hereinafter called
"Member" or "You." By using the Service, you agree
to comply with all of the Terms and Conditions set out in this document.
If you do not wish to accept this agreement, do not proceed with the registration.
This document is accessible at any time on our website.We shall have the
right at any time to change or modify the Terms and Conditions applicable
to your use of the Services, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately,
with or without notice by us.
2. Service
All ESL Job Find Members will receive basic services outlined throughout
the site pertaining to posting and/or searching jobs, message boards,
forums, upcoming events and any third party service offered through links
provided by ESL Job Find as well as email based customer support. Our
Services are provided on the basis of, and are subject to, service, facility
and equipment availability. We reserve the right not to provide one or
more Services where necessary facilities, equipment or services are not
available for any reason whatsoever. Access to your account is gained
through your ESL Job Find Member ID and account password. You are entirely
responsible if you do not maintain the confidentiality of the Member ID
or password. If your Member ID or password is compromised, you should
notify ESL Job Find immediately.
3. Payment Terms and Termination
For access to and use of any ESL Job Find Service that requires payment,
you agree to pay all fees and charges related to your Service. All fees
are due immediately and are non-refundable. ESL Job Find requires that
you provide us with your credit card information for payment, and all
charges you incur for use of the Service will be charged to the credit
card number. We may take any
reasonable action to validate your credit card and registration information
and collect all payments due. You agree to pay all attorney and collection
fees arising from any efforts to collect any past due amounts from you
to the extent allowed by law. You understand that if ESL Job Find does
not receive timely payment of all amounts due for any Service or Optional
Features you purchase, your use of any ESL Job Find Service may be terminated
at our sole discretion. FEES PAID FOR ANY ESL JOB FIND SERVICE IS NONREFUNDABLE.
WE WILL NOT REFUND ANY FEES PAID BY YOU IF YOU TERMINATE YOUR AGREEMENT
WITH US. We reserve the right to terminate any Service to you immediately
and without notice for cause in the event that you breach this Agreement.
We may, at our sole discretion, suspend your Service in lieu of terminating
this Agreement while we investigate the alleged breach of this Agreement.
4. Service Fees
The prices for the Service and Optional Features are made available on
our website and are subject to change without notice. No refunds will
be given for partial terms or for any initial registration fee or set-up
fees. GST is included for all Canadian residents.
5. Invoices
You must bring any invoice inquiries and disputes to our attention within
30 days of the invoice date and failure to do so will be deemed to be
an admission that the entire contents of the invoice are accurate. If
you require a written Invoice from ESL Job Find, you must notify us within
30 days.
6. Your Responsibilities
While using the Service you must comply with applicable laws at all times.
You assume total responsibility and risk for you and your authorized users'
use of the Service. You are responsible for paying all charges necessary
to use and access the Service. We will recognize only you as the person
authorized to accept, utilize, manage, modify or terminate the Service.
Any such changes will require you to provide the correct Member ID and
password.
a. You may not use any ESL Job Find web site to, including but not limited
to:
i. display material containing pornographic material of any kind;
ii. provide material that is grossly offensive to the community, including
blatant expressions for bigotry, prejudice, racism, hatred or excessive
profanity, or to post any obscene, filthy, excessively violent, harassing,
or otherwise objectionable content;
iii. sell or promote any products or services that are unlawful in the
location at which the content is posted or received;
iv. display material or otherwise exploits children under 18 years of
age;
v. post or otherwise any content that infringes or violates any copyright,
patent, trademark, service mark, trade name, trade secret, or other intellectual
property right of any third party;
vi. promote or otherwise mail fraud, multi-level marketing (pyramid) schemes
or other illegal or fraudulent activities
vii. post or disclose any personally identifying information or private
information about any third parties without their consent;
b. You agree that you will not provide, sell, or offer to sell the following
products or content (or services related to the same) on the Member website:
pharmaceutical or any other controlled substances; illegal drugs; illegal
drug contraband; alcohol; firearms; weapons; pirated computer programs;
pornography or illicitly pornographic sexual products; programs to "nuke"
or create attacks against another individual or an Internet service provider;
illegal goods; information used to circumvent manufacturer-installed copy-protect
devices; or computer software viruses or software designed to create a
virus.
c. You also agree that you will never promote or provide instructional
information about: illegal activities, activities that can lead to physical
harm to any group or individual, or any activities that lead to cruelty
to animals.
d. Unless ESL Job Find offers a service to conduct any of the following,
you agree that you will never conduct the following types of activities
on the Member Site: gambling; sweepstakes; raffles; lotteries; contests,
pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).
We strictly enforce a zero-spam tolerance policy. Spam abuse includes,
but is not limited to, bulk email originating from our servers mass distributed
to unknown recipients soliciting products or services and/or bulk email
NOT originating from our servers mass distributed to unknown recipients
soliciting products or services relating to an ESL Job Find account. Spam
violations will result in immediate account suspension.
e. You agree that you will not (and you will not allow any third party
to) partake in the following actions: reverse engineering, reverse compiling
or otherwise deriving the underlying source code or structure or sequence
of any ESL Job Find Service, Solution or Technology; individual passwording
of Member Sites (or pages contained therein); deleting or altering author
attributes or copyright notices, unless expressly permitted in writing
by the author or owner; and/or fail to obtain all required permissions
when using the ESL Job Find Service to receive, upload, download, display,
distribute, or execute programs or perform other works protected by intellectual-property
laws, including copyright and patent laws.
Without limiting the scope of the above, we forbid the storage of illegal/pirated
software, the use of any type of IRC bot and/or proxy (including, but
not limited to, bnc and eggdrop), the storage and use of any type of software
intended for hacking/cracking purposes and the storage or sale of bulk
email lists intended for spamming or resale purposes. You are responsible
for keeping your contact information with us always current and updated.
You have access to change your contact information at any time.
7.
Privacy
Our Privacy Policy sets out our obligations with respect to the safeguarding,
collection and use of your personal information and is subject to modification
from time to time by us. You agree to review the Privacy Policy periodically
to become aware of any such modifications. Continued access or use of
our Service shall be deemed to be conclusive acceptance by you of the
modified Privacy Policy.
8. Advertising
ESL Job Find relies on the ongoing support of its sponsors and advertisers
to help fund the Services offered to its Members and Non-Members. Accordingly,
Member agrees that ESL Job Find is permitted to send daily email newsletters
containing advertisements of our sponsors and/or partners to our Members.
9. Service Interruption
We may suspend the Service at any time for any duration of time, without
penalty or liability to ourselves, where necessary. You agree that it
may be necessary for us to temporarily suspend our Service for technical
reasons or to maintain our network, equipment or facilities. We shall
not bear any liability whatsoever for:
a. any such suspensions of Service;
b. the termination of Service pursuant to these Terms and Conditions;
c. suspension or termination of Service due to your non-payment of amounts
or deposits due;
d. suspension or termination of Service due to your unlawful or improper
use of facilities or Service by you;
e. your inability to access any Services; or
f. suspension or termination of the Service for any other reason at our
sole discretion.
10. Limitation of Liability
The Service is provided on an "as is" and "as available"
basis and use of the Service is at your own risk. We make no representations
or warranties whatsoever, either express or implied, with respect to the
Service or any service, merchandise or information provided through the
Service, including without limitation any representation or warranty with
respect to the network transmission capacity of any common carriers used
by us or the accuracy or quality of the Service. There is no warranty
of title, non-infringement nor any implied warranty of merchantability
or fitness for a particular purpose. It is solely you and your authorized
users' responsibility to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services and other information and the quality
and merchantability of the Service and all merchandise and services provided
through the Service generally. Neither we nor our suppliers warrant that
the Service will be uninterrupted or error free. Without limiting the
generality of the foregoing, we and our suppliers, and our respective
directors, officers and employees (collectively, in this paragraph, "ESL
Job Find"), are not responsible or liable to you or third parties
for any claim, loss, damages, liability or expenses you or others may
suffer or incur as a result of, arising out of, or in any way connected
with the Service, any use of it or interruption in it, or our equipment,
whether through act or omission, negligence or otherwise, and whether
direct or indirect. Without limitation, ESL Job Find is not liable for
any incidental, special, consequential, punitive, aggravated or exemplary
damages, or loss of use, data, business, income or profits, even if ESL
Job Find has been advised of the possibility of such claim, loss, damages,
liability or expenses by you or others. You assume all responsibility
and liability with respect to mistakes, omissions, interruptions, errors,
defects, delays in operation or transmission, or any failure of performance.
The limitations on liability contained in this Agreement shall survive
the termination of this Agreement. Without limiting the generality of
the foregoing, in no circumstances shall our liability to you exceed one
(1) month's user fee.
Your Indemnification of ESL Job Find:
You shall indemnify and hold us and our directors, officers and employees
harmless against all claims, loss, damages, liability or expenses that
we and/or they may suffer or incur, directly or indirectly, arising out
of, resulting from or in connection with your use of the Service. Indemnification
includes, but is not limited to, claims by third parties, the installation,
presence, maintenance, and removal of any and all equipment, the violation
by you of the Agreement in force from time to time, and legal fees, disbursements
and all other reasonable costs incurred by us in connection with any legal,
collection or other proceedings brought by us against you related to this
Agreement.
11. Relationship
The relationship between us constitutes that of independent contractors.
You do not possess, nor are you able to distinguish yourself as having,
any authority to act for or create any obligation of, or make any representation
on behalf of or in our name. You shall not use, in any manner or circumstance
whatsoever, trademarks, trade names, logos or designs owned or licensed
by us.
12. Assignment
These Terms and Conditions are binding upon, and shall enure to, our benefit
and that of our respective successors, heirs, executors, administrators,
personal representatives and permitted assigns. You shall not assign or
transfer your rights or obligations hereunder or otherwise in respect
of the Service without our prior written consent. We reserve the right
to assign our rights and obligations under this Agreement to a third-party
in connection with a merger, consolidation, sale of our assets or corporate
re-organization.
13. Force Majeure
Neither of us shall be liable for any delay, interruption or failure in
the performance of our obligations if caused by acts of God, declared
or undeclared war, fire, flood, storm, slide, earthquake, power failure,
the inability to obtain equipment, supplies or other facilities that are
not caused by a failure to pay, labour disputes, or other similar events
beyond the control of the party affected that may prevent or delay such
performance. If any such act or event occurs or is likely to occur, the
party affected shall promptly notify the other, giving the particulars
of the event. The party so affected shall use reasonable efforts to eliminate
or remedy the event.
14. Unenforceable Provisions
If any part of these Terms and Conditions is found to be invalid or unenforceable
under applicable law, such part shall be ineffective to the extent of
such invalid or unenforceable part only, without in any way affecting
the remaining parts of these Terms and Conditions.
15. Governing Law
The rights and obligations of the parties pursuant to these Terms and
Conditions is governed by, and shall be construed in accordance with,
the laws of the Province of British Columbia, Canada, without reference
to its conflicts of laws principles. You may be subject to other local,
provincial and national laws. You hereby irrevocably submit to the exclusive
jurisdiction of the Courts of the Province of British Columbia for any
dispute arising under or relating to this Agreement and waive your right
to institute legal proceedings in any other jurisdiction. We shall be
entitled to institute legal proceedings in connection with any matter
arising under this Agreement in any jurisdiction where you reside, do
business or have assets.
16.
Age of Majority
ESL Job Find does not accept agreements and payments from persons under
the legal age of 18 years. We require that agreements are made with a
person who is legally qualified to contract. ESL Job Find customers must
be over the age of 18 years. Otherwise, a parent or guardian must accept
this agreement and ensure proper payment will be made.
17. Waiver
No waiver of any of the provisions of these Terms and Conditions shall
be deemed to constitute a waiver of any other provision nor shall such
a waiver constitute a continuing waiver unless otherwise expressly provided
in writing duly executed by the party to be bound thereby.
18. Entire Agreement
These Terms and Conditions represent the complete Agreement and understanding
between us with respect to the Service and supersede any other written
or oral agreement.
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