Kootenay Career Development Society Terms and Conditions of Use

1. Introduction

These TERMS AND CONDITIONS OF USE (the “Terms and Conditions“), along with the Disclaimer, incorporated herein by reference, govern the relationship between You (as defined below) and Kootenay Career Development Society and Your (as defined below) use of (a) Kootenay Career Development Society (“KCDS“) website (the “Website“) or any other websites controlled by Kootenay Career Development Society (collectively, the “Websites“); and (b) Kootenay Career Development Society Services (as defined below). “You” or “Your” referred to herein shall mean the person(s) or the entity on behalf of which that person is acting, using Kootenay Career Development Society’s Services and/or the Websites. By accessing the Websites or using the Services, You agree to be bound by these Terms and Conditions as modified from time-to-time by Kootenay Career Development Society in its sole discretion.

2. Eligibility

You may not use the Websites or Kootenay Career Development Society Services if You are under the age of 15. If You are over the age of 15, but under the age of 18 or legal majority under the laws applicable to You, You may only use the Kootenay Career Development Society’s Websites or Kootenay.jobs Services with the approval of and under the direct supervision of a parent or guardian.

3. Services; Content; Content Disclaimer

Kootenay Career Development Society operates a Website that, among other things, posts and distributes employment opportunities, provides recruitment advertising, and provides other products and services for employers and job seekers (collectively, the “Kootenay.jobs Services“). The Website is intended to help job seekers and employers connect with each other and invariably requires an exchange of information to include without limitation, resumes, job postings, hyperlinks to Your websites, advertisements, and etcetera posted or provided to Kootenay Career Development Society by users of the Website including You (collectively, “Content“). Kootenay Career Development Society is neither the author nor the monitor of Content. Therefore Kootenay Career Development Society assumes no responsibility related to the Content as to whether it is authentic, accurate, legal, safe, infringing, secure, reliable or confidential and Kootenay Career Development Society disclaims any opinions or representations by any third-party (“Content Disclaimer“).

4. Personal Information

Keeping in view the purpose of the Website, we advise You not to provide any personal information to include without limitation Your (a) Social Insurance number, (b) driver’s license number or government-issued identification card number, or (c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to Your financial account, when submitting Content since such personal information can be misused. You should exercise reasonable judgment if asked to provide any personal information. Therefore Kootenay Career Development Society shall not be liable for any damages occurring due to misuse of such information.

5. Account Creation – License Terms

Job Seekers:

Kootenay Career Development Society hereby grants you a limited, non-transferable, revocable, and nonexclusive license to use Kootenay.jobs Services for personal employment opportunities. This license authorizes you to view and download a sole copy of the materials found on the Websites for Your personal use. You are prohibited from selling, reproducing or using the materials for any purpose other than as authorized by Kootenay Career Development Society.

Employers:

Upon creation of a valid account, Kootenay Career Development Society hereby grants you a limited, non-transferable, revocable, and nonexclusive license to use Kootenay.jobs’s Services. This license authorizes you to post jobs and view and download a sole copy of the materials found on the Website only for the limited purposes of seeking candidates for employment. This license may not be sold, transferred or assigned by You without Kootenay Career Development Society’s prior written consent. You are prohibited from selling, reproducing or using the materials for any purpose other than as authorized by Kootenay Career Development Society. You shall be responsible for protecting the confidentiality of any information about the job seeker obtained by You directly from the jobseeker or from the Websites as per applicable laws. You agree not to put links to third-party websites in the Content except those which re-direct job seekers to the websites owned by You and are necessary to enable the job seekers to apply for employment, for e.g., Your company’s career webpage.

6. Acceptable Use of Kootenay.jobs Services

Kootenay Career Development Society prohibits You from posting any Content which:

  • is false, illegal, misleading;
  • is discriminatory;
  • is profane, illicit, or defamatory;
  • may be offensive in Kootenay Career Development Society’s sole judgment;
  • is threatening, disruptive, or abusive;
  • violates any applicable law;
  • is likely to harm the integrity of Kootenay Career Development Society, its suppliers, its licensors, or its affiliated companies;
  • is for any purpose other than for seeking or providing employment opportunities ;
  • infringes on the intellectual or proprietary rights of Kootenay Career Development Society or any third party; or
  • may harm, in any manner, the operation of the Websites;
  • Includes Your personal information; or
  • Violates the rights of, or harms or threatens the safety of, users of the Website.

Any Content posted by You in violation of the aforementioned Acceptable Use of Kootenay.jobs’s Services may be removed by Kootenay Career Development Society at any time and at its sole discretion.

7. Term and Termination

These Terms and Conditions shall be in effect so long as You remain an active user of the Websites or the Kootenay.jobs Services as amended from time-to-time. Further, Kootenay Career Development Society in its sole discretion has the right to terminate Your account, license or restrict access to the Websites immediately and without any notice for any reason. Kootenay Career Development Society may at its option also terminate Your account if it remains dormant for an extended period of time. Kootenay Career Development Society shall not be liable to You or any third party for damages relating directly or indirectly to any such termination of Your access or license to the Kootenay.jobs’s Services or Websites. Upon termination, both parties’ obligations under these Terms and Conditions will cease except for both parties respective obligations that by their very nature would survive termination of these Terms and Conditions.
Kootenay Career Development Society further reserves the right to take any action with respect to any third-party content that it deems, in its sole discretion, could or does create liability for Kootenay Career Development Society, damage Kootenay Career Development Society ‘s brand or public image (including its affiliated entities), or causes Kootenay Career Development Society to lose, in whole or in part, the services of its customers or suppliers.

8. Advertisements; Third Party Links and E-mail Notifications

The Websites contain advertisements which may contain hyperlinks to third-party sites. Kootenay Career Development Society does not endorse the advertisements or makes any representation about the truthfulness, accuracy or veracity of the advertisement or the content posted on such third-party hyperlinks. Kootenay Career Development Society is not responsible for any harm resulting from accessing the third-party hyperlinks or the use or reliance on the advertisements or content posted at such third-party website. By creating an account or subscribing to Kootenay.jobs’s Services, You agree to receive email notifications from Kootenay Career Development Society.

9. Ownership and Violation of Intellectual Property Rights

Kootenay Career Development Society, its affiliates, its suppliers, and licensors, as applicable, own and shall continue to own all rights, title and interest in the Websites or other content except for any Content or other information posted by You or other users which shall continue to be the property of the respective users, in whatever capacity they have posted the content. You are responsible for protecting any intellectual property rights associated with the Content or other information posted by You. You agree that You shall not reproduce, distribute, sell, modify or replicate any content found on the Websites or use the Websites to infringe on the intellectual property rights of others in any manner whatsoever.

10. Disclaimer of Warranty

YOU AGREE TO USE THE WEBSITES AND THE KOOTENAY.JOBS SERVICES ENTIRELY AT YOUR OWN RISK AND PERIL AND THAT ALL KOOTENAY.JOBS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, AND WHETHER EXPRESS OR IMPLIED, TO INCLUDE WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. FURTHERMORE, KOOTENAY CAREER DEVELOPMENT SOCIETY DISCLAIMS ANY WARRANTIES OF SECURITY, RELIABILITY, TIMELINESS, ACCURACY, PERFORMANCE OF THE WEBSITES OR ANY THIRD-PARTY WEBSITE AND THAT THE KOOTENAY.JOS SERVICES ARE PROVIDED WITHOUT ANY SERVICE LEVEL AGREEMENT OF ANY KIND OR THE OPPORTUNITY FOR SERVICE CREDITS. KOOTENAY CAREER DEVELOPMENT SOCIETY FURTHER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED AND/OR POSTED ON THE WEBSITES OR ANY THIRD-PARTY WEBSITES ACCESSES THROUGH HYPERLINKS ON THE WEBSITES OR EMBEDDED ELSEWHERE IN THE USE OF THE KOOTENAY.JOBS SERVICES. KOOTENAY CAREER DEVELOPMENT SOCIETY DISCLAIMS ANY WARRANTIES FOR OR AGAINST ANY VIRUSES, DATA LOSS, OR OTHER HARMFUL COMPONENTS OR CONTENT IN CONNECTION WITH THE WEBSITES AND/OR THE KOOTENAY.JOBS SERVICES. THIS DISCLAIMER SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Exclusion of Damages

IN NO EVENT SHALL KOOTENAY CAREER DEVELOPMENT SOCIETY BE LIABLE HEREUNDER , TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS TO THE TYPE OF CLAIM, WHETHER ARISING IN TORT, STATUTE, CONTRACT OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF CONTENT OR OTHER INFORMATION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS EVEN IF KOOTENAY CAREER DEVELOPMENT SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability

IN NO EVENT SHALL KOOTENAY CAREER DEVELOPMENT SOCIETY’S MAXIMUM LIABILITY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR DIRECT DAMAGES RESULTING FROM ANY CLAIM HEREUNDER, REGARDLESS TO THE TYPE OF CLAIM, WHETHER ARISING IN TORT, STATUTE, CONTRACT OR OTHERWISE, EXCEED $100 DOLLARS.

13. Indemnity

You agree to defend, indemnify, and hold harmless Kootenay Career Development Society, its affiliates, and each of their officers, directors, agents, suppliers, service providers, and employees, and each of their lawful successors and permitted assigns, harmless from any claims, actions or demands, including without limitation reasonable legal and other professional fees, alleging or resulting from Your posted content and Your use of the Websites, Kootenay.jobs Services, or Your breach of the these Terms and Conditions.

14. Waiver of Jury Trial

EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM ARISING OUT OF THE AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES.

15. Compliance; Auditing

Except for any Kootenay Career Development Society requirements under law, You or Your authorized third party is solely responsible for any compliance with law, governmental approval, certification or audit approval and the Kootenay.jobs Services and Websites shall not be relied upon in gaining any governmental approval, certification, compliance or audit approval.

16. General Disclaimer and Release

Kootenay Career Development Society will make every effort to keep its Websites current and to correct errors brought to our attention. In addition to the Content Disclaimer and Disclaimer of Warranty, Kootenay Career Development Society has little or 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. As a result, there are risks, including but not limited to the risks of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You must take care in communicating with potential or alleged employers and should not meet any alleged or potential employer in an unsafe location or alone until the potential or alleged employer has been independently validated by You. Accordingly, by using the Kootenay.jobs Services and Websites and responding to inquiries related thereto, You agree to assume all risks associated with dealing with other users whom You come in contact with through information provided on the Websites and in use of the Kootenay Career Development Society Services. If You have a dispute with one or more users of the Websites, You agree to the extent permitted by applicable law, to release Kootenay Career Development Society and its affiliates (including each of their employees, officers, directors and agents) from claims, demands and damages (actual, 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.

17. General Terms

  1. Assignment. Kootenay Career Development Society may assign or transfer these Terms and Conditions without Your consent. You may not assign or transfer these Terms and Conditions. These Terms and Conditions shall bind and inure to Your and Kootenay Career Development Society ‘s lawful successors and permitted assigns.
  2. Subcontractors. Kootenay Career Development Society shall have the right to use subcontractors in delivering the Kootenay.jobs Services. Kootenay Career Development Society will be responsible for the services performed by its subcontractors.
  3. Complete Understanding; Modification. These Terms and Conditions constitutes the entire agreement and understanding between the parties relating to its subject matter, and supersedes all prior agreements, understandings and representations between the parties, oral or written, and may only be modified by a signed writing executed by each party’s duly authorized representative. No different or additional terms set forth in a purchase order or other communication will be binding on Kootenay Career Development Society.
  4. Severability. If any portion or provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining portions and provisions shall remain in full force and effect.
  5. Headings. All section headings contained in these Terms and Conditions are for convenience of reference only, do not form a part of these Terms and Conditions and shall not affect in any way the meaning or interpretation of these Terms and Conditions.
  6. Attorney Consultation. You acknowledges that it (a) is aware of its right to consult with an attorney prior to agreeing to these Terms and Conditions, (b) has, prior to agreeing to these Terms and Conditions, either consulted with an attorney or knowingly, freely and voluntarily waived its right to do so, (c) has carefully read and fully understands all of the provisions of these Terms and Conditions, and (d) is entering into these Terms and Conditions, freely and voluntarily in exchange for good and valuable consideration.
  7. Force Majeure. Neither Kootenay Career Development Society nor You shall be liable for any failure or delay in performance under these Terms and Conditions due to causes beyond Your or Kootenay Career Development Society ‘s reasonable control, and You and Kootenay Career Development Society will be entitled to a reasonable extension of time to remedy any such delay or failure to perform due to a Force Majeure event.
  8. Waiver or Failure To Act. Kootenay Career Development Society ‘s failure or delay to enforce at any time any of the provisions of these Terms and Conditions, or to exercise any option which is herein provided, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of such provision, performance or option.
  9. Relationship of Parties. Nothing in these Terms and Conditions will be construed to imply a joint venture, partnership or agency relationship between You and Kootenay Career Development Society, and Kootenay Career Development Society will be considered an independent contractor.
  10. No Third-Party Beneficiaries. These Terms and Conditions are for the sole benefit of You and Kootenay Career Development Society and each party’s lawful successors and permitted assigns and shall not be construed as conferring any rights on any other party.

 

18. Questions; Notices

Questions concerning the use of the Websites and Kootenay.jobs Services should be directed to Kootenay Career Development Society at info@kcds.ca. All notices to You shall be sent at the physical and/or email address available in Your account profile

Disclaimer

The kootenay.jobs website is maintained in order to enhance access to employment information for both job seekers and employers. It is owned and operated by Kootenay Career Development Society. This website acts as an electronic bulletin board, with sophisticated search capabilities, upon which employers can post job listings for access by job seekers, and job candidates can post resumes for access by employers with the goal of increasing job opportunities and candidate pools for candidates and employers.

Kootenay Career Development Society will make every effort to keep this site current and to correct errors brought to our attention. However, Kootenay Career Development Society is not involved in the actual transaction between employers and candidates. We have little or 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. As a result, there are risks, including but not limited to the risks of dealing with: strangers, foreign nationals, underage persons, or people acting under false pretenses. While Kootenay Career Development Society does perform a limited amount of screening, it is very limited. Accordingly, the information provided herein is provided “AS IS.” By using this site, you agree to assume all risks associated with dealing with other users whom you come in contact with through information provided on this website.

Kootenay Career Development Society, its employees, officers, and agents make no representations as to the accuracy, completeness, currency, or suitability of the information provided by this website, and deny any expressed or implied warranties, guarantees, or representations of any kind as to the information contained in this website.

If you have a dispute with one or more users, you agree, by using this site, to release Kootenay Career Development Society (including its employees, officers, and agents) 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.

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