TERMS AND CONDITIONS OF USE

The following are the Terms and Conditions between you and peoplemenders.com Inc. (“peoplemenders). whose website is at peoplemenders.com (the “Site”). This Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment in the healthcare sector.

The terms “you” and “your” as used herein refer to all individuals and/or entities accessing this Site for any reason.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES THROUGH THIS SITE. USING THIS SITE BY ACCESSING, USING OR DOWNLOADING INFORMATION, DATA, IMAGES, OR OTHER MATERIALS FROM THIS SITE (THE “CONTENT”), OR BY SENDING MESSAGES OR OTHER MATERIALS TO THIS SITE (THE “MATERIALS”) CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS SITE.

USE OF SITE. Subject to these Terms and Conditions, peoplemenders grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, 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 Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content 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 Content on any other web site; (iii) modify, adapt, reverse engineer, decipher, decompile or disassemble any portion of this Site; (iv) sell, transfer, license or make available to any person not expressly licensed by peoplemenders any peoplemenders’ services or related information including, without limitation, resumes and candidate information; (v) frame or mirror any part of this Site; (vi) transfer the Content to any other person without the written consent of peoplemenders; (vii) print or copy any of the HTML or other computer programs that are accessible at this Site; (viii) use this Site in any manner that could damage, disable, overburden or impair this Site; (ix) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (x) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (xi) upload, post or otherwise transmit on this Site any Materials that would negatively affect the functioning of the Site, 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 infrastructure; (xii) 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 the Content in whole or in part; (xiii) use or attempt to use another's account, password, service, system or other information without prior written authorization from peoplemenders; (xiv) create or use a false identity on this Site; (xv) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xvi) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xvii) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xviii) 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.

peoplemenders provides only the venue in which employers can recruit desired candidates for employment and individuals can seek employment opportunities. peoplemenders does not represent, warrant or guarantee the veracity, accuracy or reliability of the information posted on this Site (nor does it endorse any opinions expressed by its Users). It is solely the responsibility of the candidate and the employer to verify the information posted on this Site to determine the suitability of employment. As a User, you acknowledge that any reliance on material posted on this Site is at your own risk. peoplemenders strives for the highest standard of customer satisfaction. Should a User alert us to material posted on this Site that does not conform to these Terms, peoplemenders, at its discretion, will investigate the complaint and determine whether to remove or to request the removal of the information. peoplemenders reserves the right to terminate its relationship with any User found in breach of the Terms.

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

TERMINATION. Your authorization to access and use this Site shall automatically terminate if you are in breach of any of the provisions contained herein. Unless otherwise specified in an Agreement, peoplemenders reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.

AMENDMENTS TO SITE. We reserve the right to change, modify, add or remove Terms and Conditions at any time by updating this page. Changes will be binding on you on as of the date they are posted on the Site (or as otherwise stated). Subsequent to such modification, your further use of this Site shall be deemed to constitute acceptance by you of the modified provisions. Please periodically check these Terms for any modifications that may affect your lawful use of peoplemenders.

REGISTRATION . Certain portions of this Site require that you register with peoplemenders. When registering, you agree to provide peoplemenders with accurate, current and complete information as required by our forms. Please update such information when necessary to maintain its accuracy and completeness. You acknowledge that should any information received by you prove to be inaccurate, not current or incomplete, peoplemenders reserves the right to terminate your use of this Site. By providing your information when registering, you are consenting to peoplemenders' collection of your information and use of your information in connection with this Site in accordance with these Terms and our Privacy Policy.

To gain access to the restricted portions of this Site, you will require both an email address and possibly a password. peoplemenders reserves the right to refuse to allow you use of an email address that we believe, at our sole discretion, impersonates someone else, may be illegal, confusing or offensive or that infringes the intellectual property rights of another. Your password must be kept confidential and you agree not to resell, transfer or distribute in any manner or form your access to this Site. If you, as a User, have any reason to believe that your account is no longer secure, please contact Client Services at info@peoplemenders.com. IT IS YOUR SOLE AND COMPLETE RESPONSIBILITY TO MAINTAIN THE CONFIDENTIALITY OF YOUR EMAIL ADDRESS AND PASSWORD. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

COPYRIGHT, TRADEMARKS & LICENSES . This Site, including all Content, is protected by Canadian copyright laws and treaty provisions. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, peoplemenders does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of peoplemenders.

Any company names and logos used on this Site may be trademarks, including registered trademarks of peoplemenders. Such company names and logos of peoplemenders may not be copied, imitated or used, in whole or in part, without the prior written consent of peoplemenders. Other services and company names mentioned on this Site may be the trademarks of their respective owners.

peoplemenders hereby grants you a limited, terminable, non-exclusive right to access and use of this Site solely for your personal use in seeking employment opportunities or candidates for employment in health related fields or organizations. This license authorizes you to view the material on the Site solely for your personal, non-commercial use in seeking employment or for searching and recruiting employment prospects. Except as specifically contemplated herein, you may not modify the Contents of this Site or use them for any commercial purpose, or public display, perform, sell or rent all such Content, nor may you remove any copyright or trademark registration, or other proprietary notices from the Contents. peoplemenders reserves for itself all other right, title and interest.

PRIVACY. peoplemenders recognizes the sensitive nature of the information being posted on our Site. To that end, we have established a Privacy Policy to ensure the privacy concerns of our Users are being met. peoplemenders' Privacy Policy is herein by reference incorporated into these Terms and we encourage you to read in full the details of our Privacy Policy.

LINKS TO OTHER WEBSITES. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. peoplemenders has not reviewed all of these third party Web sites and does not control and is not responsible for any of these sites or their content. peoplemenders does not endorse or make any representations about any such Web sites, or any information, software or other products, materials or content found therein, or any results that may be obtained from using them. If you decide to access any of the third party Web sites linked to this Site, you do so entirely at your own risk.

 

DISCLAIMER. THE MATERIALS, SERVICES AND CONTENT PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, peoplemenders DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

peoplemenders FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENTS OR SERVICES AT THIS SITE, THAT THIS SITE AND THE CONTENT CONTAINED THEREIN WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, THAT THE FUNCTIONS CONTAINED IN THE SITE AND THE CONTENTS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. peoplemenders DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE IN TERMS OF CORRECTNESS, RELIABILITY, ACCURACY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. YOU AGREE THAT peoplemenders 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, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF peoplemenders, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that peoplemenders' aggregate liability for damages shall be limited to $100.

The limitations of liability and disclaimers in these Terms and Conditions of Use 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.

INDEMNITY. You expressly agree to defend, indemnify and hold harmless each of peoplemenders, its affiliates and each of their officers, directors, employees, agents, shareholders, representatives, subsidiaries and assigns from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities and expenses (including, but not limited to, court costs, reasonable lawyer/attorney, paralegal and expert witness fees) arising in connection with the breach of the Agreement, your use of the Site or the breach of any third party intellectual property rights, regardless of the sole and/or comparative negligence or other fault or responsibility of peoplemenders its affiliates, and each of their officers, directors, employees, agents, shareholders, representatives, subsidiaries and assigns. Such indemnity shall continue in full force and effect notwithstanding the termination of the Agreement or your discontinuance of use of the Site.

APPLICABLE LAWS. peoplemenders makes no representation that materials or services at this Site are appropriate or available for use outside of the United States and Canada, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in a manner which is contrary to any applicable local, provincial, state, national, international and foreign laws or regulations governing your use of this Site including, without limitation, US export laws and regulations. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party's use and enjoyment of this Site. If you choose to access this Site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. By using this Site, you hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts located in Vancouver, British Columbia, Canada, for any legal proceeding arising out of or relating to your use of this Site or these Terms.

SEVERABILITY. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

ENTIRE AGREEMENT. These Terms constitute the entire agreement between you and peoplemenders with respect to your use of this Site. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth in any contract for services you may have with peoplemenders ("Agreement"). If there is any conflict or inconsistency between these Terms and the provisions of an Agreement between you and peoplemenders, the provisions of the Agreement shall govern.

 

Last updated December, 2012

 


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