Terms n Conditions
Terms of Use
Understanding your rights and
responsibilities as a TradeHUB user
Privacy Reminder
Protect
your personal information by never providing social security, credit card or
bank account numbers to prospective employers. Terms of Use
This
page states the Terms of Use ("Terms") under which you
("You") may use the TradeHUB Sites and the Services (each as defined
below). These Terms include the TradeHUB Privacy Policy, which is incorporated into these Terms by
reference.
These
Terms constitute a binding agreement between You and TradeHUB Canada Inc. or the TradeHUB company operating
the Web site for the country in which You live or in which business is
headquartered (“TradeHUB”), and are deemed accepted by You each time that You
use or access any TradeHUB Site or TradeHUB Services. If You do not accept the
Terms stated here, do not use the TradeHUB Sites and the TradeHUB Services.
The
TradeHUB Sites are defined as any Web sites under TradeHUB’s control, whether
partial or otherwise (including, without limitation, TradeHUB.ca and the Web site from which these terms of use were accessed from) and include
the TradeHUB Services. The TradeHUB Services are defined as the applications
and services offered by TradeHUB, including an on-line service to post and
search employment opportunities and including any application accessed through
the Facebook Platform and/or any mobile or other interface that allows You to
access such application (collectively, “TradeHUB Services”). The TradeHUB
Sites also include tools such as Be Known, on-line communities and
communication tools designed to facilitate valuable professional and personal
networking (“TradeHUB Networking”) among users of the TradeHUB Sites (“Users”).
The TradeHUB Sites also allow Users to create individual profiles, which may
include personal information (”Profiles”), and to make these Profiles, or
aspects thereof, public. In addition, TradeHUB may collect information about
You from publicly-available websites and may use this information to create a
Profile or append it to an existing Profile.
TradeHUB
may revise these Terms at any time by posting an updated version to this Web
page. You should visit this page periodically to review the most current Terms
because they are binding on You.
Users
who violate these Terms may have their access and use of the TradeHUB Sites
suspended or terminated, at TradeHUB’s discretion.
You
must be 13 years of age or older to visit or use any TradeHUB Site in any
manner, and, if under the age of 18 or the age of majority as that is defined
in Your jurisdiction, must use any TradeHUB Site under the supervision of a
parent, legal guardian, or other responsible adult.
You may not use the TradeHUB Content or Profiles to determine a consumer's eligibility
for: (a) credit or insurance for personal, family, or household purposes; (b)
employment; or (c) a government license or benefit.
1. Use of TradeHUB Content.
TradeHUB
authorizes You, subject to these Terms, to access and use the TradeHUB Sites
and the TradeHUB Content (as defined below) and to download and print a single
copy of the content available on or from the TradeHUB Sites solely for Your
personal, non-commercial use. The contents of the TradeHUB Sites, such as
designs, text, graphics, images, video, information, logos, button icons,
software, audio files and other TradeHUB content (collectively, "TradeHUB
Content"), are protected under copyright, trademark and other laws. All TradeHUB
Content is the property of TradeHUB or its licensors. The compilation (meaning
the collection, arrangement and assembly) of all content on the TradeHUB Sites
is the exclusive property of TradeHUB and is protected by copyright, trademark,
and other laws. Unauthorized use of the TradeHUB Content may violate these laws
and/or applicable communications regulations and statutes, and is strictly
prohibited. You must preserve all copyright, trademark, service mark and other
proprietary notices contained in the original TradeHUB Content on any
authorized copy You make of the TradeHUB Content.
Any
code that TradeHUB creates to generate or display any TradeHUB Content or the
pages making up any TradeHUB Site is also protected by TradeHUB's copyright and
You may not copy or adapt such code.
You
agree not to sell or modify the TradeHUB Content or reproduce, display,
publicly perform, distribute, or otherwise use the TradeHUB Content in any way
for any public or commercial purpose, in connection with products or services
that are not those of the TradeHUB Sites, in any other manner that is likely to
cause confusion among consumers, that disparages or discredits TradeHUB or its
licensors, that dilutes the strength of TradeHUB's or its licensor’s property,
or that otherwise infringes TradeHUB's or its licensor’s intellectual property
rights. You further agree to in no other way misuse TradeHUB Content. The use
of the TradeHUB Content on any other application, web site or in a networked
computer environment for any purpose is prohibited. Any code that TradeHUB
creates to generate or display any TradeHUB Content or the pages making up any
Application or Service is also protected by TradeHUB's copyright and you may
not copy or adapt such code.
2. Use of the TradeHUB Services.
The
job posting, resume database (“TradeHUB Resume Database”) and other features of
the TradeHUB Sites may be used only by individuals seeking employment and/or
career information and by employers seeking employees. In addition, TradeHUB
Networking and Profiles may be used by individuals for permitted professional
and personal networking purposes. Your use of the TradeHUB Services is also
subject to any other contracts You may have with TradeHUB. In the case of any
conflict between these Terms and any contract you have with TradeHUB, the terms
of your contract will prevail. The term “post” as used herein shall mean
information that You submit, publish or display on a TradeHUB Site.
All
TradeHUB Users agree to not:
(a)
transmit, post, distribute, store or destroy material, including without
limitation TradeHUB Content, in violation of any applicable law or regulation,
including but not limited to laws or regulations governing the collection,
processing, or transfer of personal information, or in breach of TradeHUB’s
privacy policy;
(b)
take any action that imposes an unreasonable or disproportionately large load
on any TradeHUB Site's infrastructure;
(c)
use any device to navigate or search any TradeHUB Site other than the tools
available on the Site, generally available third party web browsers, or other
tools approved by TradeHUB;
(d)
use any data mining, robots or similar data gathering or extraction methods;
(e)
violate or attempt to violate the security of any TradeHUB Site including
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization;
(f)
forge any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting;
(g)
reverse engineer or decompile any parts of any TradeHUB Site;
(h)
aggregate, copy or duplicate in any manner any of the TradeHUB Content or
information available from any TradeHUB Site, including expired job postings,
other than as permitted by these Terms;
(i)
frame or link to any TradeHUB Content or information available from any TradeHUB
Site, unless permitted by these Terms;
(j)
post any content or material that promotes or endorses false or misleading
information or illegal activities, or endorses or provides instructional
information about illegal activities or other activities prohibited by these
Terms, such as making or buying illegal weapons, violating someone's privacy,
providing or creating computer viruses or pirating media;
(k)
post any resume or Profile or apply for any job on behalf of another party;
(l)
defer any contact from an employer to any agent, agency, or other third party;
(m)
set more than one copy of the same resume to public at any one time;
(n)
share with a third party any login credentials to any TradeHUB Site;
(o)
access data not intended for You or logging into a server or account which You
are not authorized to access;
(p)
post or submit to any TradeHUB Site any incomplete, false or inaccurate
biographical information or information which is not Your own;
(q)
post content that contains restricted or password-only access pages, or hidden
pages or images;
(r)
solicit passwords or personally identifiable information from other Users;
(s)
delete or alter any material posted by any other person or entity;
(t)
harass, incite harassment or advocate harassment of any group, company, or
individual;
(u)
send unsolicited mail or email, make unsolicited phone calls or send
unsolicited faxes promoting and/or advertising products or services to any
User, or contact any users that have specifically requested not to be contacted
by You;
(v)
attempt to interfere with service to any User, host or network, including,
without limitation, via means of submitting a virus to any TradeHUB Site,
overloading, "flooding", "spamming",
"mailbombing" or "crashing";
(w)
promote or endorse an illegal or unauthorized copy of another person's
copyrighted work, such by as providing or making available pirated computer
programs or links to them, providing or making available information to
circumvent manufacture-installed copy-protect devices, or providing or making
available pirated music or other media or links to pirated music or other media
files; or
(x)
use the TradeHUB Services for any unlawful purpose or any illegal activity, or
post or submit any content, resume, or job posting that is defamatory,
libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive,
hateful, racist, discriminatory, of a menacing character or likely to cause
annoyance, inconvenience, embarrassment, anxiety or could cause harassment to
any person or include any links to pornographic, indecent or sexually explicit
material of any kind, as determined by TradeHUB’s discretion.
Violations
of system or network security may result in civil and/or criminal liability. TradeHUB
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 violations.
You
are responsible for maintaining the confidentiality of Your account, Profile
and passwords, as applicable. You may not share Your password or other account
access information with any other party, temporarily or permanently, and You
shall be responsible for all uses of Your TradeHUB Site registrations and
passwords, whether or not authorized by You. You agree to immediately notify TradeHUB
of any unauthorized use of Your account, Profile, or passwords.
3. Additional Terms Applicable to
Employers.
Employers
are solely responsible for their postings on TradeHUB Sites. TradeHUB is not to
be considered to be an employer with respect to Your use of any TradeHUB Site
and TradeHUB shall not be responsible for any employment decisions, for
whatever reason, made by any entity posting jobs on any TradeHUB Site.
You
understand and acknowledge that if You cancel Your employer account or Your
employer account is terminated, all Your account information from TradeHUB,
including saved resumes, network contacts, and email mailing lists, will be
marked as deleted in and may be deleted from TradeHUB's databases. Information
may continue to be available for some period of time because of delays in
propagating such deletion through TradeHUB’s web servers.
In
order to protect our TradeHUB Users from commercial advertising or
solicitation, TradeHUB reserves the right to restrict the number of e-mails
which an employer may send to Users to a number which TradeHUB deems
appropriate in its sole discretion. You shall use the TradeHUB Networking
and Profiles in accordance with all applicable privacy and data protection
laws.
Candidate
profiles derived from User Content may also be made available through the
Sites. TradeHUB does not make any representations regarding the accuracy or
validity of such derived works or their appropriateness for evaluation by
employers. Derived profiles may vary significantly from User Content.
Job
postings
A
Job posting may not contain:
(a)
any hyperlinks, other than those specifically authorized by TradeHUB;
(b)
misleading, unreadable, or "hidden" keywords, repeated keywords or
keywords that are irrelevant to the job opportunity being presented, as
determined in TradeHUB’s reasonable discretion;
(c)
the names, logos or trademarks of unaffiliated companies other than those of
your customer save where expressly agreed by TradeHUB;
(d)
the names of colleges, cities, states, towns or countries that are unrelated to
the posting;
(e)
more than one job or job description, more than one location, or more than one
job category, unless the product so allows;
(f)
inaccurate, false, or misleading information; and
(g)
material or links to material that exploits people in a sexual, violent or
other manner, or solicits personal information from anyone under 18.
You
may not use Your TradeHUB job posting or TradeHUB Networking and Profiles to:
(a)
post jobs in a manner that does not comply with applicable local, national and
international laws, including but not limited to laws relating to labor and
employment, equal employment opportunity and employment eligibility
requirements, data privacy, data access and use, and intellectual property;
(b)
post jobs that require citizenship of any particular country or lawful
permanent residence in a country as a condition of employment, unless otherwise
required in order to comply with law, regulations, executive order, or federal,
state or local government contract;
(c)
post jobs that include any screening requirement or criterion in connection
with a job posting where such requirement or criterion is not an actual and
legal requirement of the posted job;
(d)
with respect to Profiles, determine a consumer's eligibility for: (a) credit or
insurance for personal, family, or household purposes; (b) employment; or (c) a
government license or benefit;
(e)
sell, promote or advertise products or services;
(f)
post any franchise, pyramid scheme, "club membership",
distributorship, multi-level marketing opportunity, or sales representative
agency arrangement;
(g)
post any business opportunity that requires an up front or periodic payment or
requires recruitment of other members, sub-distributors or sub-agents;
(h)
post any business opportunity that pays commission only unless the posting
clearly states that the available job pays commission only and clearly describes
the product or service that the job seeker would be selling;
(i)
promote any opportunity that does not represent bona fide employment which is
generally indicated by the employer’s use of IRS forms W-2 or 1099;
(j)
post jobs on any TradeHUB Site for modeling, acting, talent or entertainment
agencies or talent scouting positions;
(k)
advertise sexual services or seek employees for jobs of a sexual nature;
(l)
request the use of human body parts or the donation of human parts, including,
without limitation, reproductive services such as egg donation and surrogacy;
(m)
endorse a particular political party, political agenda, political position or
issue;
(n)
promote a particular religion;
(o)
post jobs located in countries subject to economic sanctions of the United
States Government; and
(p)
except where allowed by applicable law, post jobs which require the applicant
to provide information relating to his/her (i) racial or ethnic origin (ii)
political beliefs (iii) philosophical or religious beliefs (iv) membership of a
trade union (v) physical or mental health (vi) sexual life (vii) the commission
of criminal offences or proceedings or (vii) age.
TradeHUB
reserves the right to remove any job posting or content from any TradeHUB Site,
which in the reasonable exercise of TradeHUB’s discretion, does not comply with
the above Terms, or if any content is posted that TradeHUB believes is not in
the best interest of TradeHUB.
If
at any time during Your use of the TradeHUB Services, You made a
misrepresentation of fact to TradeHUB or otherwise misled TradeHUB in regards
to the nature of Your business activities, TradeHUB will have grounds to
terminate Your use of the TradeHUB Services.
Resume
Database
Use
of the TradeHUB Resume Database by Employers
You
shall use the TradeHUB Resume Database as provided in these Terms and in any
contract You have with TradeHUB. You shall use the TradeHUB Resume Database in
accordance with all applicable privacy and data protection laws, and You agree
You shall not further disclose any of the data from TradeHUB Resume Database to
any third party, unless You are an authorized recruitment agency, staffing
agency, advertising or other agency or using the resume explicitly for
employment purposes.
You
shall take appropriate physical, technical, and administrative measures to
protect the data You have obtained from TradeHUB Resume Database from loss,
misuse, unauthorized access, disclosure, alteration or destruction. You shall
not share Resume Database seat-based license login credentials with any other
party, nor share Resume Database pay-per-view license login credentials with
any party.
The
TradeHUB Resume Database shall not be used:
(a)
for any purpose other than as an employer seeking employees, including but not
limited to advertising promotions, products, or services to any resume holders;
b)
to make unsolicited phone calls or faxes or send unsolicited mail, email, or
newsletters to resume holders or to contact any individual unless they have
agreed to be contacted (where consent is required or, if express consent is not
required, who has not informed you that they do not want to be contacted); or
(c)
to source candidates or to contact job seekers or resume holders in regards to
career fairs and business opportunities prohibited by Section 3.
4. Additional terms applicable to Job
Seekers.
When
You register with any TradeHUB Site, You will be asked to create an account and
provide TradeHUB with certain information including, without limitation, a
valid email address (Your "Information").
Any
Profile You submit must be accurate and describe You, an individual person. The
Profile requires standard fields to be completed and you may not include in
these fields any telephone numbers, street addresses, email addresses or other
means of contacting You, other than Your last name and URLs.
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 TradeHUB
Sites.
TradeHUB
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 or you have agreed to receive, such offers may be made by TradeHUB
or by third parties. Please see TradeHUB's Privacy Policy, for further details regarding Your
Information.
You
understand and acknowledge that You have no ownership rights in Your account
and that if You cancel Your TradeHUB account or Your TradeHUB account is
terminated, all Your account information from TradeHUB, including resumes,
Profiles, cover letters, saved jobs, questionnaires will be marked as deleted
in and may be deleted from TradeHUB's databases and will be removed from any
public area of the TradeHUB Sites. Information may continue to be available for
some period of time because of delays in propagating such deletion through TradeHUB’s
web servers. In addition, third parties may retain saved copies of Your
Information.
TradeHUB
reserves the right to delete Your account and all of Your Information after a
significant duration of inactivity.
5. User Content and Submissions.
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, advertisements, messages or other materials
submitted, posted or displayed by You on or through a TradeHUB Site ("User
Content") is the sole responsibility of the person from which such User
Content originated. TradeHUB claims no ownership or control over any User
Content. You or a third party licensor, as appropriate, retain all patent,
trademark and copyright to any User Content you submit, post or display on or
through TradeHUB and you are responsible for protecting those rights, as
appropriate. By submitting, posting or displaying User Content on or through TradeHUB,
you grant TradeHUB a worldwide, non-exclusive, royalty-free, transferable,
sub-licensable license to use, reproduce, adapt, distribute and publish such
User Content through TradeHUB. In addition, by submitting, posting or
displaying User Content which is intended to be available to the general
public, you grant TradeHUB a worldwide, non-exclusive, royalty-free license to
reproduce, adapt, distribute and publish such User Content for the purpose of
promoting TradeHUB and its services. TradeHUB will discontinue this licensed
use within a commercially reasonable period after such User Content is removed
from TradeHUB. TradeHUB reserves the right to refuse to accept, post, display
or transmit any User Content in its sole discretion.
You
also represent and warrant that You have the right to grant, or 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. If You post User Content in any
public area of any TradeHUB Site, You also permit any User to access, display,
view, store and reproduce such User Content for personal use. Subject to the
foregoing, the owner of such User Content placed on any TradeHUB Site retains
any and all rights that may exist in such User Content. TradeHUB may review and
remove any User Content that, in its sole judgment, violates these Terms,
violates applicable laws, rules or regulations, is abusive, disruptive,
offensive or illegal, or violates the rights of, or harms or threatens the
safety of, Users of any TradeHUB Site. TradeHUB reserves the right to expel
Users and prevent their further access to the TradeHUB Sites and/or use of TradeHUB
Services for violating the Terms or applicable laws, rules or regulations. TradeHUB
may take any action with respect to User Content that it deems necessary or
appropriate in its sole discretion if it believes that such User Content could
create liability for TradeHUB, damage TradeHUB’s brand or public image, or
cause TradeHUB to lose Users or (in whole or in part) the services of its ISPs
or other suppliers.
TradeHUB
does not represent or guarantee the truthfulness, accuracy, or reliability of
User Content, derivative works from User Content, or any other communications
posted by Users nor does TradeHUB endorse any opinions expressed by Users. You
acknowledge that any reliance on material posted by other Users will be at Your
own risk.
The
following is a partial list of User Content that is prohibited on the
Application. The list below is for illustration only and is not a complete list
of all prohibited User Content.
Content
that:
- is
implicitly or explicitly offensive, such as User Content that engages in,
endorses or promotes racism, bigotry, discrimination, hatred or physical
harm of any kind against any group or individual;
- harasses,
incites harassment or advocates harassment of any group or individual;
- involves
the transmission of “junk mail”, “chain letters,” or unsolicited mass
mailing, “spamming” or “phishing”;
- promotes
or endorses false or misleading information or illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes
or endorses an illegal or unauthorized copy of another person's
copyrighted work, such as providing or making available pirated computer
programs or links to them, providing or making available information to
circumvent manufacture-installed copy-protect devices, or providing or
making available pirated music or other media or links to pirated music or
other media files;
- contains
restricted or password only access pages, or hidden pages or images;
- displays
or links to pornographic, indecent or sexually explicit material of any
kind;
- provides
or links to material that exploits people under the age of 18 in a sexual,
violent or other manner, or solicits personal information from anyone
under 18; or
- provides
instructional information about illegal activities or other activities
prohibited by these Terms, including without limitation, making or buying
illegal weapons, violating someone's privacy, providing or creating
computer viruses or pirating any media; and
- solicits
passwords or personal identifying information from other Users.
Any
Profile You submit must describe You, an individual person. Examples of
inappropriate and prohibited Profiles include, but are not limited to, Profiles
that purport to represent an animal, place, inanimate object, fictional
character, or real individual that is not You.
You
may not include, in any User Content submitted to TradeHUB Networking,
information that may be interpreted as a direct solicitation, advertisement or
recruitment for an available job position directed to individuals seeking
employment on either a full time or part time basis. In order to protect our TradeHUB
Community Users from commercial advertising or solicitation, TradeHUB reserves
the right to restrict the number of e-mails or other messages which a User may
send to other Users to a number which TradeHUB deems appropriate in its sole
discretion.
Profiles
derived from User Content may also be made available through the TradeHUB
Sites. TradeHUB does not make any representations regarding the accuracy or
validity of such derived works or their appropriateness for evaluation by
employers. Derived Profiles may differ significantly from User Content.
We
appreciate hearing from our Users and welcome Your comments regarding our
services and the TradeHUB Sites. 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 TradeHUB. None of the Submission shall be subject to any obligation of
confidentiality on our part and we shall not be liable for any use or
disclosure of any Submission. TradeHUB 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.
6. Identification Of Agent To Receive
Notification And Elements Of Notification Of Claimed Copyright or Trademark
Infringement.
If
You believe that Your copyrighted work or trademark has been uploaded, posted
or copied to any TradeHUB Site and is accessible on such TradeHUB Site in a way
that constitutes copyright or trademark infringement, please contact TradeHUB
by email at legal@tradehub.ca or by regular
mail at:
TradeHUB Canada Inc.
216-55 Westwinds
Crescent NE
Calgary, AB T3J 5H2
Need
help with a job seeker issue? Contact us now online
7. Policy Regarding Termination Of Users
Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
TradeHUB
respects the intellectual property of others, and we ask our Users and content
partners to do the same. The unauthorized posting, 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 the TradeHUB Sites, You agree not to use any TradeHUB Site to infringe
the intellectual property rights of others in any way. TradeHUB reserves the
right to terminate the accounts of any Users, and block access to the TradeHUB
Sites of any Users who are repeat infringers of the copyrights, or other
intellectual property rights, of others. TradeHUB reserves the right, in its
sole discretion, to take these actions to limit access to the Site and/or
terminate the accounts of any time, in our sole discretion Users who infringe
any intellectual property rights of others, whether or not there is any repeat
infringement, with or without notice, and without any liability to the User who
is terminated or to the User whose access is blocked. Notwithstanding the
foregoing, in the event that You believe in good faith that a notice of copyright
infringement has been wrongly filed against You, please contact TradeHUB as set
out in Section 6 above.
8. TradeHUB's Liability.
The
TradeHUB Sites act as, among other things, venues for
(i) employers to post job
opportunities and search for and evaluate job candidates and
(ii) candidates to
post resumes and Profiles and search for and evaluate job opportunities. TradeHUB
does not screen or censor the listings, including Profiles offered. TradeHUB is
not involved in, and does not control, the actual transaction between employers
and candidates. As a result, TradeHUB is not responsible for User Content,
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 and TradeHUB makes
no representations about any jobs, resumes or User Content on the TradeHUB
Sites. While TradeHUB reserves the right in its sole discretion to remove User
Content, job postings, resumes or other material from the TradeHUB Sites from
time to time, TradeHUB does not assume any obligation to do so and to the
extent permitted by law, disclaims any liability for failing to take any such
action.
TradeHUB
Networking provides a venue for individuals to network for professional and
personal purposes and TradeHUB does not screen or censor the Profiles or User
Content on the TradeHUB Sites. TradeHUB is not involved in the actual
communications between Users. As a result, TradeHUB has no control over the
accuracy, reliability, completeness, or timeliness of the Profiles or User
Content submitted on the TradeHUB Sites and makes no representations about any
Profile or User Content on the TradeHUB Sites.
Note
that there are risks, including but not limited to the risk of physical harm,
of dealing with strangers, 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 TradeHUB Sites. 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 the TradeHUB Sites.
Because
User authentication on the Internet is difficult, TradeHUB 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
any TradeHUB Site, in the event that You have a dispute with one or more Users,
You release TradeHUB (and our agents and employees) from claims, demands and
damages (actual and consequential and 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 to the
fullest extent permitted by law.
The
TradeHUB Sites and the TradeHUB Content may contain inaccuracies or
typographical errors. TradeHUB makes no representations about the accuracy,
reliability, completeness, or timeliness of any TradeHUB Site or the TradeHUB
Content. The use of all TradeHUB Sites and the TradeHUB Content is at Your own
risk. Changes are periodically made to TradeHUB Sites and may be made at any
time. TradeHUB cannot guarantee and does not promise any specific results from
use of any TradeHUB Site. No advice or information, whether oral or written,
obtained by a User from TradeHUB or through or from any TradeHUB Site shall
create any warranty not expressly stated herein.
If
You are a California resident, You waive California Civil Code Section 1542,
which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."
TradeHUB
encourages You to keep a back-up copy of any of Your User Content. To the
extent permitted by law, in no event shall TradeHUB be liable for the deletion,
loss, or unauthorized modification of any User Content.
TradeHUB
does not provide or make any representation as to the quality or nature of any
of the third party products or services purchased through any TradeHUB Site, or
any other representation, warranty or guaranty. Any such undertaking,
representation, warranty or guaranty would be furnished solely by the provider
of such third party products or services, under the terms agreed to by the
provider.
If
You believe that something on the Site violates these Terms please contact our
designated agent set forth in Section 6 above.
If
notified of any content or other materials which allegedly do not conform to
these Terms, TradeHUB may in its sole discretion investigate the allegation and
determine whether to remove or request the removal of the content. TradeHUB has
no liability or responsibility to Users for performance or nonperformance of
such activities.
9. Disclaimer of Warranty.
TO
THE FULLEST EXTENT POSSIBLE BY LAW, TRADEHUB DOES NOT WARRANT THAT ANY TRADEHUB
SITE OR ANY TRADEHUB SERVICES WILL OPERATE ERROR-FREE OR THAT ANY TRADEHUB SITE
AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF
YOUR USE OF ANY TRADEHUB SITE OR THE TRADEHUB CONTENT RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, TRADEHUB IS NOT
RESPONSIBLE FOR THOSE COSTS. THE TRADEHUB SITES AND TRADEHUB CONTENT ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TRADEHUB,
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. TRADEHUB MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TRADEHUB CONTENT,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO
THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL TRADEHUB, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED ON ANY TRADEHUB SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT
OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO
USE ANY TRADEHUB SITE AND THE TRADEHUB CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRADEHUB IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO
THE FULLEST EXTENT POSSIBLE BY LAW, TRADEHUB'S MAXIMUM LIABILITY ARISING OUT OF
OR IN CONNECTION WITH ANY TRADEHUB SITE OR YOUR USE OF THE TRADEHUB CONTENT,
REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF
WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The
TradeHUB Sites contain links to third party Web sites. These links are provided
solely as a convenience to You and not as an endorsement by TradeHUB of the
contents on such third-party Web sites. TradeHUB 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.
13. No Resale or Unauthorized Commercial
Use.
You
agree not to resell or assign Your rights or obligations under these Terms. You
also agree not to make any unauthorized commercial use of any TradeHUB Site.
14. Indemnity.
You
agree to defend, indemnify, and hold harmless TradeHUB, its affiliates, and their
respective 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 User Content or other
material You provide to any TradeHUB Site, (ii) Your use of any TradeHUB
Content, or (iii) Your breach of these Terms. TradeHUB shall provide notice to
You promptly of any such claim, suit, or proceeding.
15. General.
These Terms are governed by the internal substantive
laws of the Province of Quebec, Canada, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement shall lie
exclusively with the courts having jurisdiction within the judicial district of
Montreal, Province of Quebec. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of
these Terms shall be deemed a further or continuing waiver of such term or any
other term. In addition, TradeHUB’s failure to enforce any term of these Terms
shall not be deemed as a waiver of such term or otherwise affect TradeHUB’s ability
to enforce such term at any point in the future.
Except as expressly provided in an additional
agreement, additional Terms for certain areas of the TradeHUB Sites, a
particular "Legal Notice," or software license or material on
particular pages on the TradeHUB Sites, these Terms constitute the entire
agreement between You and TradeHUB with respect to the use of the TradeHUB
Sites. No changes to these Terms shall be made except by a revised posting on
this page.
16. Additional Terms.
Certain
areas of the TradeHUB Sites are subject to additional Terms. By using such
areas, or any part thereof, You agree to be bound by the additional Terms
applicable to such areas. By using any areas of this website or the other TradeHUB
Sites that contain Google Maps, you agree to be bound by the Google Maps Terms
of Use available at
http://maps.google.com/help/terms_maps.html and the legal
notices available at
http://www.maps.google.com/help/legalnotices_maps.html as
they may be updated from time to time.
©GfK
GeoMarketing Geographic Information provided by GfK GeoMarketing GfK.
GeoMarketing provides the geographic and mapping information of postal codes of
Western Europe and Canada to create the location finder of the nearest job and
for the visualization of maps. The maps and geographic information is copyright
protected and can be used only within the internet application and the
functionalities provided by TradeHUB. Any other use or publication of the
geographic information and maps is not allowed.
17. Mobile Services.
If
You use the TradeHUB Sites through a mobile device, You agree that information
about Your use of the TradeHUB Sites through Your mobile device and carrier may
be communicated to us, including but not limited to Your mobile carrier, Your
mobile device, or Your physical location. In addition, use of the TradeHUB
Sites through a mobile device may cause data to be displayed on and through
Your mobile device. By accessing the TradeHUB Sites using a mobile device, You
represent that to the extent You import any of Your TradeHUB data to Your
mobile device that You have authority to share the transferred data with Your
mobile carrier or other access provider. In the event You change or deactivate
Your mobile account, You must promptly update Your TradeHUB account information
to ensure that Your messages are not sent to the person that acquires Your old
number and failure to do so is Your responsibility. You acknowledge You are
responsible for all charges and necessary permissions related to accessing the TradeHUB
Sites through Your mobile access provider. Therefore, You should check with
Your provider to find out if the TradeHUB Sites are available and the terms for
these services for Your specific mobile devices.
By
using any downloadable application to enable Your use of the TradeHUB Sites,
You are explicitly confirming Your acceptance of the terms of the End User
License Agreement associated with the Application provided at download or
installation, or as may be updated from time to time.
18. Term and Termination.
These
Terms will remain in full force and effect while You are a User of any TradeHUB
Site. TradeHUB reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to removal of Your User Content from
the TradeHUB Sites and immediate termination of Your registration with or
ability to access the TradeHUB Sites and/or any other services provided to You
by TradeHUB, upon any breach by You of these Terms or if TradeHUB is unable to
verify or authenticate any information You submit to a TradeHUB Site
registration. Even after You are no longer a User of the TradeHUB Sites,
certain provisions of these Terms will remain in effect, including Sections 1,
2, 5, 7 through 16, inclusive.