Terms and Conditions

Important: Please read these Terms and Conditions carefully. This website ("Site") is operated and owned by DGA Careers Inc. ("Company"). By accessing or using this Site, you are agreeing to be bound by these Terms and Conditions. If you do not accept the terms and conditions stated herein, do not access or use this Site. Company reserves the right to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these terms and conditions.

Age. You must be at least 13 years of age or older to visit or use this Site in any manner, and if under the age of 18 or the age of majority as defined in your jurisdiction, you must only use the Site under the supervision of a parent or legal guardian.

Copyright and Restrictions. The contents of this Site, such as text, corporate profiles, corporate summaries, job descriptions, publications, newsletters, articles, opinions, views, design, graphics, images, videos, audio, multi-media clips, HTML codes, java code, logos, button icons, banners, software and other material appearing on this Site (collectively "Materials"), are protected by copyright under both Canadian and foreign laws. All Materials are the property of Company or its licensors. The collection, arrangement and assembly of all content on the Site is the exclusive property of Company and is protected by copyright, trademark and other laws. Unauthorized use of any Materials may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials, or any part thereof, for any public or commercial purpose. You may not use the Material in a way that discredits or disparages Company or its licensors. The use of the Materials on any other website for any purpose is prohibited. If you violate any of these restrictions, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made thereof. You agree not to (a) transmit, post, distribute, store or destroy material 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 Company’s privacy policy; (b) take any action that imposes an unreasonable or disproportionately large load on the Site including attempt to interfere with service to any user, host or network, including, without limitation, submitting a virus to the Site, overloading, flooding, phishing, junk mail, spamming, mailbombing or crashing ; (c) use any device to navigate or search Site other than the tools available on the Site or generally available through web browsers such as explorer, firefox, chrome or safari; (d) use any data mining, robots or similar data gathering/extraction methods or tools; (e) violate the security of Site including attempting to determine the vulnerability of a system or network, TCP/IP forging, e-forging, or to breach security or authentication measures without proper authorization; (f) reverse engineer any part of the Site; (g) post any content or material that promotes or endorses misleading or false information or illegal activities, (h) post any franchise, pyramid scheme, club membership, multi-level marketing, distributorship or sales representative agency arrangement or other business which requires periodic or up-front payment or recruitment of members (i) access data not intended for you; (j) post content that contains restricted or password-only access pages, or hidden pages or images; (k) delete or alter any material posted to the Site by other users; (l) incite, advocate or participate in harassment of any group, company, or individual; (m) send or make unsolicited mail (electronic or otherwise), phone calls or faxes, or contact any users that have specifically requested not to be contacted by you; (n) display or link to pornographic, indecent or sexually explicit material including the exploitation of people under the age of 18 in a sexual, violent or otherwise harassing manner; (o) use the Service, Premium Service, Material or Site for any unlawful purpose or any illegal activity, (p) post or submit any content, resume, or job posting that is defamatory, libelous, offensive, threatening, abusive, hateful, racist, discriminatory or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person.

Trade-Marks. DGA Careers™and DGA Executive™ are trademarks of Company. All other trademarks belong to their respective owners. Nothing contained on this Site should be construed as granting any license or right to use any trademark, logo or design displayed on this Site without the written permission of Company or the respective owner.

Disclaimer of Warranties. The Materials made available on this Site are provided “as is”. Company disclaims all representations, warranties or conditions of any kind, express or implied, including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose, or non-infringement. The information contained on this Site may contain typographical errors. The Materials made available on this Site may be changed without notice. No representations or warranties are made concerning the accuracy, completeness, timeliness or reliability of the Materials. You assume all risks associated with dealing with other users with whom you come into contact with through the Site. Company is not to be considered an employer with respect to your use of the Site and Company shall not be responsible for any employment decisions, for whatever reason made, by any entity using the Site. You are responsible for independently verifying the truth and accuracy of any information you obtain from the Site that is submitted by other users of the Site. Company does not represent or warrant that access to this Site or any sites linked to this Site will be uninterrupted, that this Site will operate error-free, or that this Site or the Materials available herein are free of computer viruses or other harmful components.

Limitation of Liability. Access and use of this Site is at your own risk. In no event shall Company, its directors, officers, employees or agents be liable to you or any third party for any direct, indirect, incidental, special or consequential damages whatsoever, including, without limitation, damages for lost revenue, lost or damaged data or other commercial or economic loss, whether based in contract, tort (including negligence) or any other theory of liability, arising out of your access to or use of this Site or any consequences flowing therefrom. The foregoing limitation shall apply even if Company has been advised or should have known of the possibility of such damage.

Third Party Submissions. This Site may contain corporate profiles or other related materials (collectively "Third Party Content") submitted by other users. Company is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any Third Party Content. Company is not responsible for screening or monitoring any Third Party Content posted by users of this Site. If notified of Third Party Content which allegedly breaches these Terms and Conditions, Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Third Party Content. Company has no liability for performance or non-performance of such activities. Any reliance on material posted by other users of the Site will be at your own risk.

Linked Sites. This Site may contain links to other sites as well as e-mail links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than Company and Company assumes no responsibility for the accuracy or appropriateness of the information in such sites. The inclusion of any link to another site does not imply endorsement by Company. Any mention of another party or its product or service on the linked site should not be construed as an endorsement of that party or its product or service. If you decide to access any linked site, you do so entirely at your own risk. Company reserves the right to terminate any link to this Site at any time.

Contributions and Submissions. You acknowledge and agree that ideas, suggestions, documents, or proposals you submit to Company ("Contributions") via suggestion or feedback webpages: (a) do not contain confidential or proprietary information; (b) do not include any obligation of confidentiality, express or implied; (c) may be used or disclosed by Company for any purpose; (d) may be similar to ideas, suggestions, documents or proposals already under consideration or in development; (e) are irrevocably and non-exclusively licensed to Company including such rights to exploit your ideas, suggestion, documents or proposals; and (f) are not entitled to any compensation or reimbursement of any kind from Company.

Indemnity. You agree to indemnify Company and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these terms and conditions; (b) your access to or use of this Site or any web site to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any law or regulation.

Privacy. By posting or otherwise providing any personal information through this Site, by electronic mail or otherwise, you agree and consent to the collection, use and disclosure by Company of such personal information for the following purposes: (a) providing recruitment and placement services; (b) assessing a candidates skills and qualifications for a particular posting; (c) providing job searching and job notification services; (d) managing our relationship with clients, candidates and employers (e) responding to requests for information from candidates, clients, employers and recruiters; and (f) meeting any legal or regulatory requirement. You understand and agree that Company's collection, use and disclosure of personal information shall be done in accordance with its Privacy Policy.

Subject to Company's Privacy Policy and applicable legislation pertaining to personal information, any information which you post to this Site will be considered non-confidential. By posting information to this Site, you automatically grant Company a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, translate, distribute, disclose, perform and display the information alone or as part of other works in any form, medium or technology, whether now known or hereafter developed, and to sublicense such rights to Company' licensees. Notwithstanding the foregoing, Company undertakes not to use or permit others to use the information you submit for marketing or mass mailing purposes. You shall take all reasonable steps to protect that date you have obtained from the Site from loss, unauthorized access, disclosure, alteration, misuse or destruction.

Security. While reasonable efforts are made to ensure the confidentiality of information submitted to this Site absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail and web sites are vulnerable to interception, forging and unauthorized access. Information sent or received over the Internet is generally insecure and Company cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Company will not be responsible for any damages you may suffer as a result of or in connection with the transmission of any information from or to this Site. Should you decide to transmit information using the Site, you do so at your own risk.

General. These terms and conditions shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws and provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. The parties hereto are independent contractors. These Terms and Conditions are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Company that expressly reference these Terms, the Terms are the entire agreement between you and Company relating to the matters contained therein and shall not be modified except in writing by Company. Arbitration. Any dispute arising out of these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. Notwithstanding the foregoing, the protection of intellectual property rights and confidential information may be sought through injunctive or other equitable relief through the courts.
Last Updated: May 20, 2014