Terms of Use for Resume ADVANCE

Terms & Conditions

Last updated December 22, 2005

This page outlines the “Terms and Conditions” under which you may use ResumeAdvance. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating that you agree to be bound by the terms of these Terms and Conditions. ResumeAdvance may revise these Terms and Conditions at any time by updating this posting. Please visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.

Use of Material

ResumeAdvance authorizes you to view and download a single copy of the material on ResumeAdvance (the “website”) for your personal, non-commercial use. The contents of this Website, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under both Canadian and foreign copyright, trademark and other laws. All Material is the property of ResumeAdvance or its content suppliers or clients. The collection, arrangement and assembly of all content on this Website is the exclusive property of ResumeAdvance and is protected by Canadian and International copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You may not use the Material on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that ResumeAdvance creates to generate its pages. It is also protected by ResumeAdvance’ copyright.

Acceptable Use of Site

General: Users may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users may only submit resume, cover letter and information relating to seeking employment.

No user shall use ResumeAdvance software or site to submit sales, promotional material or generate leads. By agreeing to these terms, it is understood that a fee of $10,000�CDN will be applied to any company that uses ResumeAdvance resume submission software for business purposes.

Website Security Rules

Users may not violate or attempt to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ResumeAdvance will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

Individuals seeking employment and career information and employers seeking employees may only use the Website for lawful purposes. ResumeAdvance specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:

  • Posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents.
  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (individual seeking employment on a full-time or part-time basis on his or her own behalf).
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site.
  • Taking any action that imposes an unreasonable or disproportionately large load on this Website’s infrastructure.
  • If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from ResumeAdvance on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
  • Aggregating, copying or duplicating in any manner any of the materials or information available from the Website.
  • Framing of or linking to any of the materials or information available from the Website.
  • We reserve the right to refuse service on the Website, solely at the discretion of ResumeAdvance.

User Information

When you register for ResumeAdvance services, you will be asked to provide ResumeAdvance with certain information including a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that ResumeAdvance may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. ResumeAdvance will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except as necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. ResumeAdvance reserves the right to offer third party services and products to you; such offers may be made by ResumeAdvance or by third parties. Please see ResumeAdvance’ Privacy Statement for further details regarding your Information.

User Submissions

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

ResumeAdvance does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

ResumeAdvance does not screen communications or information in advance of posting and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, ResumeAdvance may investigate the allegation and determine, in good faith and its sole discretion, whether to remove or request the removal of the communication. ResumeAdvance has no liability or responsibility to users for performance or non-performance of such activities. ResumeAdvance reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. ResumeAdvance may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for ResumeAdvance or may cause ResumeAdvance to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Website, you grant ResumeAdvance and its affiliates, the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant 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. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

Registration and Password – You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ResumeAdvance of any unauthorized use of your registration or password.

ResumeAdvance’s Liability

ResumeAdvance acts as a venue for employers to post job opportunities and for candidates to post resumes. ResumeAdvance does not screen or censor the postings, nor is it involved in the actual transaction between employers and candidates. Therefore we have 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. In addition, note that there are risks of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all such risks associated with dealing with other users with whom you come in contact through the Website.

Because user authentication on the Internet is difficult, ResumeAdvance 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, in the event that you have a dispute with one or more users, you release ResumeAdvance (and our agents and employees) from claims, demands and damages (contractual and extra-contractual, actual and consequential, direct and indirect, punitive) 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.

We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Website. Please use caution and common sense when using this, or any, Website.

The Material may contain inaccuracies or typographical errors. ResumeAdvance makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.

You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Website. Employers are solely responsible for the content of their job postings on the Website.

ResumeAdvance is not to be considered to be an employer with respect to your use of the Website and shall not be responsible for any employment decisions made by any entity posting jobs on the Website.

No Warranties

ResumeAdvance DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ResumeAdvance IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ResumeAdvance TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ResumeAdvance MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL ResumeAdvance, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ResumeAdvance IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites – The Website contains links to third party websites that are provided solely as a convenience to you and not as an endorsement by ResumeAdvance. ResumeAdvance 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 Websites. If you decide to access linked third party Websites, you do so at your own risk.

No Resale or Unauthorized Commercial Use – You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website.

Limitation of Liability – The aggregate liability for ResumeAdvance to you for all claims arising from the use of the Materials is limited to $50.

Termination

ResumeAdvance reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by ResumeAdvance, upon any breach by you of these Terms and Conditions or if ResumeAdvance is unable to verify or authenticate any information you submit to the Website registration with or ability to access the Website.

Indemnity

You agree to defend, indemnify, and hold harmless ResumeAdvance its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. ResumeAdvance shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General

ResumeAdvance makes no claims that the Materials may be lawfully viewed or downloaded outside of Canada. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the laws of the Province of Alberta, 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 Calgary, Province of Alberta. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and ResumeAdvance with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use – Certain areas of this Website are subject to additional terms of use. By using such areas, or any part thereof, you agree to abide by these conditions.