TERMS AND CONDITIONS OF SportsHiring.com
As of May 26, 2004
This web site (this "Site") is provided by Cosmos Sports, SportsHiring.com is a division of Cosmos Sports ("SportsHiring.com"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with SportsHiring.com. In case of inconsistency between these Terms and Conditions and any other agreement you may have with SportsHiring.com, the other agreement shall prevail, but only to the extent of the inconsistency.
Changes to Terms and Conditions
Changes to this Site
SportsHiring.com may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. SportsHiring.com reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking employment and career information ("Candidates"), and by employers ("Employers") and recruitment companies ("Recruiters") seeking employees. You agree to use the Site only to send Content and receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and Conditions, SportsHiring.com grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of SportsHiring.com; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from SportsHiring.com; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post certain Content to the Site. You may only post Content for the lawful, stated purposes of this Site. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise any material posted by any other person or entity; (iv) post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation a SportsHiring.com employee or agent, an authorized user of SportsHiring.com' Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresenting your affiliation with any person or entity; (vi) post opinions, notices or advertisements, commercial or otherwise or solicit business from Recruiters or Employers who post on the Site, including any solicitation by any of our competitors of Recruiters or Employers who post on the Site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. SportsHiring.com 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.
SportsHiring.com reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in SportsHiring.com' sole discretion is objectionable or in violation of these Terms and Conditions.
Registration, User Names and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify SportsHiring.com of any unauthorized use of your registration or password.
Limited License and Copyright. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SportsHiring.com does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of SportsHiring.com.
Trademarks. The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of SportsHiring.com. Such Services names, company names and logos of SportsHiring.com may not be copied, imitated or used, in whole or in part, without the prior written consent of SportsHiring.com. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. SportsHiring.com' Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. SportsHiring.com reserves all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of SportsHiring.com or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
Links and Third Party Content
Certain links on this Site may take you to other web sites. SportsHiring.com provides these links only as a convenience. These linked sites are not necessarily under the control of SportsHiring.com. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
SportsHiring.com is not responsible for the contents of any such linked page or any other page not under its control. SportsHiring.com makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that SportsHiring.com sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SportsHiring.com.
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. SportsHiring.com makes no representation or warranty of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. SportsHiring.com expressly disclaims all representations, warranties and conditions, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. SportsHiring.com does not warrant that this site will continue to operate, operate without interruptions or that it will be error-free.
Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a byline, identification of publication source, or any other sort of third-party identifier, including the Legal Q&A and other columns, is provided by third parties on an "As Is" basis, and SportsHiring.com does not review it. SportsHiring.com and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. The Ontario Legal Q&A and the Québec Legal Q&A provide information only about the laws in force in their respective provinces and do not provide information about the laws in force in any other Canadian province nor in any other jurisdiction. It is not intended to be legal advice of any kind. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.
This Site acts as a venue, among other things, for Recruiters and Employers to post job opportunities and Candidates to post resumes.
SportsHiring.com does not screen or censor the listings offered. As a result, SportsHiring.com has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Recruiters or Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, 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 Site.
Because user authentication on the Internet is difficult, SportsHiring.com 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 behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release SportsHiring.com (and our agents and employees) from all claims, demands and damages 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.
SportsHiring.com is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. SportsHiring.com does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that SportsHiring.com shall have no liability whatsoever for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, posting or other Content placed by you, as applicable on the Site.
SportsHiring.com shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site.
Limitation of Liability
You agree that SportsHiring.com and any third party mentioned on this site will not be responsible or liable for any loss or damages whatsoever, including without limitation indirect, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this site, the materials, any content provided or any linked website of a third party, even if SportsHiring.com, or such a third party has been advised of the possibility of such damage or loss. In any event, you agree that SportsHiring.com' aggregate liability for damages shall be limited to $10.00.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of SportsHiring.com, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.
Choice of law
This Site is controlled, operated and administered by SportsHiring.com from its offices within Canada. SportsHiring.com makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Mississauga or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Mississauga, 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. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.