Friday Professional Group Inc. (FPG) Terms and Conditions of Use
Last revised: August 12, 2018
PLEASE READ THE FOLLOWING CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR THE SERVICES, OR BY CREATING OR USING A JOB POSTING, OR BY CREATING OR USING A CANDIDATE PROFILE, OR BY CREATING OR USING A OR BY CLICKING ON “I accept all the terms and conditions” (or similar link or icon), YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND ENTER INTO A BINDING LEGAL CONTRACT WITH FPG.
THE SERVICES ARE ONLY AVAILABLE TO VALIDLY CONSTITUTED CORPORATIONS AND INDIVIDUALS OF MEETING OUR AGE REQUIREMENTS (AS DESCRIBED BELOW) IN THE JURISDICTION IN WHICH THEY RESIDE, WORK OR ARE DOMICILED. ANY ATTEMPT BY ANYONE NOT BEING EITHER A VALIDLY CONSTITUTED CORPORATION OR AN INDIVIDUAL NOT MEETING OUR AGE REQUIREMENTS TO ENTER INTO THIS AGREEMENT OR ACCESS OR USE THE SERVICES IS VOID.
THIS AGREEMENT DEFINES THE LIMITED LICENSE GRANTED TO YOU, CONTAINS DISCLAIMERS, INDEMNITIES AND LIMITATIONS, AND LIMITS YOUR LEGAL RIGHTS. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES, AND YOU MUST NOT CREATE OR USE A CANDIDATE PROFILE OR A JOB POSTING.
1. Acceptance of Terms and Conditions
This Website is owned and operated by, and the Services are provided by, Friday Professional Group Inc., Calgary, Alberta.
Your use of this website (“Website”), or use of the Services (as defined below) constitutes acceptance of these terms and conditions (“Agreement”) and you agree to be bound by this Agreement.
The consideration for this Agreement includes your being provided with access to this Website and the Services, and, as applicable, your ability to create, modify, edit, use or make available a Job Posting, or a Candidate profile. Additional consideration may be in the form of your payment for the Services, but the Services are without charge to candidates and to charities and not for profit organizations, subject to approval and agreement by FPG.
Any downloading, viewing or use of this Website or the Services, or, without limitation, creating, modifying, editing, using or making available a Job Posting or a Candidate Profile, is conditional on your acceptance of this Agreement and further constitutes and confirms your acceptance of all the terms and conditions of this Agreement.
The terms and conditions of this Agreement are subject to change by FPG in its sole discretion at any time, with or without notice. Your continued use of this Website or the Services after posting of revisions to this Agreement, or a revised form of this Agreement, will constitute your acceptance of all such revisions.
In this Agreement, the following terms have the following meanings:
“Candidate” means an individual seeking, or wishing to provide their interest or availability, for employment, a position, or a contractual relationship of employment or for services, or a volunteer relationship, with an Employer who enters information into the Services in order to create and make available a Candidate Profile to Employers who may use the Services to match their Job Postings with Candidate Profiles.
“Candidate Profile” means and includes any and all information, including without limitation, and as applicable, name, address, contact information, education, work experience, references and reference name and contact information, salary expectations, photograph or likeness, and any other information entered into the Services by a Candidate.
“Employer” means any individual or entity, including businesses, charities and not for profit entities, which uses the Services to search and review Candidate Profiles and information about Candidates, and which may choose to use any number of Job Postings in order to applications from Candidates.
“Employer Profile” means and includes any and all information about an Employer, including contact information and Job Postings.
“Job Posting” means information entered into the Services from time to time by an Employer regarding Candidates sought by that Employer for employment, a contract position, or a volunteer position.
“Services” means this Website, the matching algorithms and other aspects of the operation of this Website, and software owned by or licensed to us which provide the Services, permitting searching and matching between Candidate Profiles and Job Postings. The Services include any other products or services we may offer from time to time.
3. Limited License
Conditional on you accepting and entering into this Agreement with us, we grant you a limited, revocable, non-exclusive, personal and temporary license to use the Services. You do not own the Services and gain no proprietary or other interest of any kind in or to the Services expect as expressly stated in this Agreement.
4. Age Requirements for Individuals
Children or minors (under the age of 18 or the applicable age of majority in their location of residence or domicile, if greater than 18) may be eligible to use the Services, but only if they are of sufficient age to be able to be legally employed or, in the case of a volunteer relationship, to legally participate in that relationship, in their jurisdiction of residence or domicile (our “Age Requirement”). Any attempt by individuals not meeting the foregoing requirements to enter into this Agreement or access or use the Services shall be void. For greater certainty, no individual under the age of thirteen (13) years is authorized to use the Services and we will not knowingly permit any individual under the age of 13 to use the Services.
5. Setting up an Account
By setting up a Candidate Profile, Candidates agree that the Services may disclose such Candidate’s contact information to one or more Employers, including Employers who are searching or reviewing Candidate Profiles. Candidates are provided with the ability to filter personal information which can be seen by third parties, including prospective or actual Employers.
By setting up an Employer Profile, Employers agree that the Services may disclose such Employer Profile to prospective Candidates. Employers may choose to input or post Job Postings, but are not required to do so, and may limit their use of the Services to searching and reviewing Candidate Profiles and other information.
Setting up an account may require uploading a photograph or likeness of a Candidate. FPG has the right, but not the obligation, to set policies and requirements for such photographs or likenesses, including the right, but not the obligation, to review and pre-approve photographs and likenesses for suitability before allowing upload and display, and may reject any photograph or likeness as not being suitable. FPG shall not be liable to you for any acceptance or rejection of any material, including photographs or likenesses.
Candidates warrant and represent that they have the authority and consent of any and all references they enter into or make available through the Services. Candidates can control whether or not a reference is displayed.
You are solely responsible for, and assume all liability of any kind regarding all information and content you input into or contribute to the Services and all information and content you post, transmit, publish, or otherwise make available through the Services (including without limitation all references, photographs and likenesses); and all liability with respect to your interactions with actual or prospective employers and all other users of the Services.
When you set up an account, whether or not you create a Candidate Profile or a Job Posting, you consent to FPG sending you commercial electronic messages as defined in Canada’s anti-spam legislation, and to receipt of a confirming email. While we have the right pursuant to this Agreement to send you commercial electronic messages, we have no obligation to do so, and we may limit our communications with you to communications related to the Services. In the event we do send commercial electronic messages, you may unsubscribe to receiving such messages from us at any time, although if your unsubscribing, or otherwise withdrawing your consent will affect our ability to provide access to the Services to you, we will advise you of that.
Part of the information collected by FPG with respect to Candidate Profiles includes psychological assessment information, such as Myers Briggs or similar protocols. That information is not disclosed by FPG, except as you may choose to do so, but is used by us as part of our matching algorithms. Our algorithms and other filtering technologies operate so as to eliminate or display lower in search results those Candidate Profiles that are less likely to match the stated requirements of an Employer. By entering into this Agreement, Candidates consent to the foregoing.
You agree and consent to FPG having and exercising the right to aggregate personal information so as to make it impossible to identify you or other individuals, and to render personal information anonymous. The resulting aggregate or anonymous information may be used by FPG for analytic purposes, to improve our processes and services offered, and FPG may also disclose aggregate or anonymous information to third parties as part of a subscription or service, provided that the personal information of any individual is not discernible.
6. Use of the Services
To become a user of the Services, you must register with us and create, as applicable, a Candidate Profile or an employer’s account with us. Both of the foregoing requires that you provide the requested information and that you choose a password. Your account is for your personal use only and you may not assign or otherwise transfer your account to a third party. You agree to keep all passwords and log in information strictly confidential. As a registered user of the Services, you may change your password at any time.
Candidates and Employers may use the Services only for bona fide purposes as permitted in this Agreement.
The Services compare Job Postings to Candidate Profiles, applying a unique, confidential and proprietary ranking and weighting algorithm, and returning suggested matches. Should a Candidate Profile match a Job Posting, the employer is given the opportunity to make contact with you as a Candidate. By providing your information to FPG, you consent to our providing your information to one or more prospective or actual employers who have indicated an interest in contacting you. You may withdraw your consent at any time by unchecking the Available/Looking for Work checkbox in the Candidate Profile you created. You may also, if desired, delete your account, however this is not reversible and FPG shall have no liability whatsoever to you arising out of your actions with respect to use of the Services. Without limitation, FPG shall have no liability whatsoever arising out of the design, manufacture or operation of any algorithm or other process or protocol.
The limited, non-exclusive and revocable license granted under this Agreement may be terminated at any time by us without cause or notice, for any reason or for no reason at all, and without any liability whatsoever to you.
The Services may be changed by us at any time, in our sole discretion, with or without notice, and this Agreement will apply to all additional, modified or revised Services.
You may only use the Services in a manner consistent with this Agreement and any and all applicable local, municipal, provincial, territorial, state, federal, national or international laws (including without limitation decisions of judicial bodies, courts and administrative boards), legislation and regulations. Registration for, and use of, the Services is void where prohibited. The Services may not be used where prohibited by law and, to the extent that the Services are not legal in your jurisdiction, you may not use the Services.
You will not provide inaccurate, incomplete, misleading or false information to us or to any other user of the Services. As a Candidate, you will not provide inaccurate, incomplete, misleading or false information to any Employer. As an Employer, you will not provide inaccurate, incomplete, misleading or false information to any Candidate. If information provided to us or another user by you subsequently becomes inaccurate, misleading or false, you will promptly notify us and the other user of such change.
As a Candidate using the Services, unless we otherwise agree, you may and will create only one unique, honest and accurate Candidate Profile. You may change your Candidate Profile at any time to reflect changes in your contact information, qualifications, or the salary range you are prepared to accept, provided your Candidate Profile otherwise remains honest and accurate. Candidates warrant and represent that they are qualified for any position or job for which they apply.
As an Employer, you will not use the Services to ascertain, reverse engineer or derive personal information or contact information about a Candidate without paying us all fees and other charges associated with your use of the Services. Employers further acknowledge and agree that not all Candidates are available for matching with Employers. FPG may from time to time create test profiles of Candidates in order to monitor the operation of the Services and such test profiles may result in false positive matches, and we will have no liability for any such false positive matches.
Employers will in all cases comply with all applicable legislation, including human rights legislation. Employers will not discriminate against or between prospective or actual employees, except as permitted by law, or engage in any discriminative hiring practices or policies. FPG prohibits all users of the Services from engaging in any illegal or discriminatory practices or activities.
From the point of an Introduction onwards, the collection, use, disclosure and exchange of personal and other information is between the Candidate and the Employer, and we are no longer part of the process, and will have no liability of any kind to either party arising out of such process.
Except for Employers which have arranged and paid for any one or more Introductions, or are otherwise permitted by us to do so, you will not use any information obtained from the Services in order to derive additional information about any user, or to contact, advertise to, solicit, or sell to any user without our and their prior explicit consent. You will not advertise or solicit any user to buy or sell any services or products through the Services.
You will take all steps available to you to avoid any and all risks of online or offline interaction with other users of the Services. In no event will we be liable to you for any damages or losses of any kind whatsoever arising from you interaction with other users of the Services, whether such interaction is through the use of the Services or otherwise.
Employers may use the Services to manage a current workforce and current employees with respect to advancement, promotions, and other management activities related to employees and human resources, provided that, in so doing, you comply with all the terms and conditions of this Agreement.
Pricing for the Services shall be as stated upon enrolment and acceptance of this Agreement. The number of concurrent logins for an Employer may be limited by FPG, and may be as stated upon acceptance of this Agreement. Pricing and the number of concurrent users permitted or allowed may be changed by FPG at any time, and from time to time, upon thirty (30) days notice by email or by posting in the Services or on the Website. You agree to pay all sums due to FPG immediately, and in any event within thirty (30) days. You further agree to pay interest on any amount outstanding and owing to FPG at the rate of twelve per cent (12%) per annum before and after judgment as well as the costs of collection of any amounts owing to FPG by you, including legal fees on a solicitor and own client basis, both before and after judgment.
FPG may permit employers to upload logos, designs or trademarks, and other data and information, and to display them in the Services or on the Website, provided that FPG accepts no obligation to do so. If you provide logos, designs or trademarks to us, you warrant and represent that you either own such logos, designs or trademarks, or that you have the right to upload and display them, and you grant to FPG all necessary rights to permit uploading and display of such logos, designs or trademarks. As part of the Services, FPG may also store, host and display information, content and data. FPG may copy, use and display the trademarks, logos and designs of employers and other users of the Services in the course of FPG’s marketing, advertising and promotion of the Services and FPG’s business, and FPG may publicly disclose and promote the fact that any employer is a user of the Services. You grant FPG a non-exclusive, fully-paid, world-wide and royalty-free license permitting FPG to use logos, designs, trademarks, information, content and data as described in the foregoing and in this Agreement. FPG shall have no liability whatsoever with respect to hosting, using or displaying logos, designs and trademarks, and any other information, content or data of any kind.
This Agreement prohibits you from, and you agree not to:
modify, publish, distribute or disseminate the Services;
reverse engineer or decompile the Services;
create compilations or derivative works based on or incorporating the Services;
use the Services as a service bureau or to carry on a business other than creating and searching Candidate Profiles and Job Postings;
remove or alter any proprietary or legal notices in the Services;
use any information, including but not limited to Candidate Profiles or Job Postings, in any manner other than as expressly permitted in this Agreement.
You will not use the Services to post, send or transmit:
any pyramid schemes, multi-level marketing systems, bulk commercial communications, chain letters, junk e-mail, spam e-mail or other unsolicited communications, content intended to defraud, swindle or deceive other users of the Services, or content soliciting or engaging in gambling, or content used for or in connection with spamming, spimming, phishing, whaling, trolling or similar, or analogous, or functionally equivalent activities, to other users of the Services or any third party; any pornographic, obscene, sexually explicit, illegal, harassing, abusive, defamatory, libellous or slanderous content, content constituting hate literature or content advocating violence or discrimination against any group based on characteristics of race, ethnic origin, religion, gender, handicap, age or other characteristic;
any content infringing the privacy rights or rights of personality of any individual; or
any content infringing the proprietary rights, including intellectual property rights (whether copyrights, moral rights, trade-mark rights, trade name rights, domain name rights, invention or patent rights, trade secret rights, rights in confidential or proprietary information, or otherwise), of any user of the Services or any third party.
IN THE EVENT THAT YOU BREACH THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM AND DAMAGES TO US, THAT YOU ARE FULLY LIABLE TO US AND THAT YOU WILL FULLY INDEMNIFY US FOR SUCH HARM AND DAMAGES. NOTWITHSTANDING THE FOREGOING, YOU ALSO ACKNOWLEDGE AND AGREE THAT THE MONETARY AMOUNT OF SUCH HARM DAMAGES MAY BE EXTREMELY DIFFICULT TO ASCERTAIN. ACCORDINGLY, WE MAY ELECT, IN OUR SOLE DISCRETION, THAT, INSTEAD OF ACTUALLY PROVING OUR DAMAGES, AS A REASONABLE ESTIMATION OF SUCH HARM, YOU AGREE TO PAY US THE SUM OF ONE HUNDRED DOLLARS (\$100.00) IN CANADIAN CURRENCY FOR EACH AND EVERY SINGLE SUCH UNSOLICITED COMMUNICATION OR PROHIBITED POSTING, SENDING OR TRANSMITTAL YOU SEND OR POST THROUGH THE SERVICES.
8. Confidential Information and Privacy
Employers will keep all information about Candidates confidential and only use such information for the purposes of considering whether or not to establish, or to establish and then manage an employment or contractual relationship. Candidates will keep information about an Employer provided to them by such Employer confidential, unless the Employer advises them otherwise, and, unless permitted otherwise by an Employer, only use information about an Employer for the purposes of considering establishing, or establishing, an employment or contractual relationship. All users of the Services will comply with all applicable laws, statutes and regulations regarding privacy and the collection, use and disclosure of personal information.
9. Voluntary Assumption of Risk
Both Candidates and Employers fully and voluntarily assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including interviewing, being interviewed, investigating, being investigated, providing or contacting references, hiring or being hired, or establishing an employment relationship, contractual relationship or any other relationship.
You acknowledge and agree that we are unable to guarantee or verify the accuracy of information provided to you by or about other users of the Services, including without limitation the contents of any Candidate Profile or Job Posting, and that we are unable to confirm or verify the identity of any Candidate, Employer or other user of the Services, or the accuracy of any personal information or other information provided by any Candidate, Employer or user.
You agree to take all necessary precautions when communicating with or meeting Employers or Candidates, as the case may be, or any other users, through the Services.
You acknowledge and agree that we make no representations, guarantees, warranties or conditions, whether express, implied or collateral, regarding:
the ultimate compatibility between Candidates and Employers connected through the Services, or as to the conduct, qualifications, character or suitability of any such individuals;
the design, manufacture or operation of the Services or any algorithm, process or protocol contained therein; or
the number or frequency of matches between Candidates and Employers made available to you through the Services.
We do not give any further or other representations, guarantees, warranties or conditions of any kind, and shall not be responsible or liable for ensuring that you or other users of the Services are in compliance with this Agreement.
10. Reporting of Violations and Unauthorized Access
You will promptly report to us any violation of this Agreement by others, including but not limited to Candidates or Employers, and any known or suspected unauthorized access to your account.
11. Removal of Content or Information
We reserve the right, but have no obligation, to monitor the information or material you submit to the Services, whether as a Candidate Profile or Job Posting or otherwise, or post in any public areas of the Services. We will have the right, in our sole and absolute discretion, to remove any information, content or material that in our opinion violates, or may violate, any applicable law, or either the letter or spirit of this Agreement, or where requested to do so by any third party. In doing the foregoing, we may act unreasonably.
12. Intellectual Property Rights
The Website and the Services, including all trade-marks, trade names, designs and logos, together with the design, selection, arrangement and layout of the Website and the Services, including component elements and features, and all software, computer code and algorithms, are subject to copyright, trade-mark, trade secret, patent or other intellectual property rights of FPG, or its licensors, and are subject to international laws and treaties protecting intellectual property. All rights not expressly granted to you by this Agreement are reserved by us.
FPG™, and any and all related logos, graphics, marks, slogans and designs are trade-marks of FPG, all rights reserved.
13. Application of Alberta Law
Subject to our rights to seek equitable relief in any court of competent jurisdiction as provided in this Agreement, the laws of the province of Alberta, Canada, and the laws of Canada applicable in Alberta, will govern the interpretation, validity, effect and enforcement of this Agreement. You irrevocably attorn to the exclusive jurisdiction of the courts of Alberta, sitting at Calgary, without regard to their conflicts of laws provisions. The foregoing will in all cases apply notwithstanding your physical location, jurisdiction, residence or domicile. Notwithstanding the foregoing, nothing in this Agreement will preclude us from commencing litigation against you in any court of competent jurisdiction to enforce the terms and conditions of this Agreement, including but not limited to seeking injunctive or other equitable relief against you.
You expressly request and agree to this Agreement and all communications with you being conducted in the English language and waive any rights you may have under any law requiring us to communicate with you in any language other than English.
You may not use this Website or the Services unless you are at least 18 years of age (or the age of majority in your jurisdiction, if such age of majority is greater than 18). By using the Services, you warrant and represent that you are at least 18 years old.
16. Disclaimers and Limitations
THE WEBSITE AND THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. FPG GIVES NO WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDITIONS THAT THE WEBSITE OR THE SERVICES WILL OPERATE WITHOUT ERROR OR BE AVAILABLE AT ANY TIME OR AT ALL.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL FPG, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS, CLAIM, COST OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES, OR DAMAGES FOR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARISE OUT OF ANY USE OF OR MISUSE OF, OR DOWNLOADING OR VIEWING OF, OR INTERPRETATION OF OR RELIANCE UPON, THIS WEBSITE OR THE SERVICES, WHETHER AUTHORIZED OR UNAUTHORIZED, OR ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN THIS WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS LOSS, HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED RESULTS, PROFITS OR SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF OR DAMAGE TO DATA OR COMPUTER SYSTEMS, OR ANY OTHER ECONOMIC LOSS OR DAMAGE, OR PECUNIARY LOSS OR DAMAGE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING TORT (INCLUDING OUR NEGLIGENCE), CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY OR BREACH OF ANY DUTY.
YOU AGREE THAT THE FOREGOING SHALL APPLY EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF FPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
YOU FURTHER AGREE THAT, IN ANY EVENT, THE TOTAL AGGREGATE DAMAGES FOR WHICH FPG MAY BE LIABLE TO YOU WITH RESPECT TO OR ARISING OUT OF ANY OF THE FOREGOING, OR THE WEBSITE, OR THE SERVICES, OR ANY CLAIM OF ANY KIND ARISING UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING TORT (INCLUDING OUR NEGLIGENCE), CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY OR BREACH OF ANY DUTY SHALL BE IN ALL CASES BE LIMITED TO GENERAL DAMAGES IN A MAXIMUM SUM OF \$100.00 IN CANADIAN CURRENCY.
17. Representations and Warranties of Candidates
If you are a Candidate, you agree, and represent and warrant to us, knowing that we are expressly relying on your representations and warranties in entering into this Agreement with you, as follows:
You are of sufficient age to satisfy our Age Requirement as required by this Agreement;
Subject to our Age Requirement, you have full legal capacity to enter into this Agreement;
You are qualified for any position you may seek or obtain using the Services;
By entering into this Agreement, you will not be in breach of any contract with any third party, or in breach of any duty owed to any third party;
Your Candidate Profile, including but not limited to any photograph or likeness of you, is and will be complete, honest, truthful and accurate;
You enter into this Agreement with bona fide intent to use the Services for lawful purposes only in order to seek and potentially be contacted by individuals or entities who may hire you as an employee or contractor; and
You have never been convicted of a criminal offence in Canada or the equivalent of such offence in any other country.
18. Representations and Warranties of Employers
If you are an Employer, you agree, and represent and warrant to us, knowing that we are expressly relying on your representations and warranties in entering into this Agreement with you, as follows:
If you are an individual, you are of sufficient age to satisfy our Age Requirement as required by this Agreement;
You have full legal capacity to enter into this Agreement;
If you are entering into this Agreement on behalf of a corporation or other entity other than yourself, you have full legal authority to do so on behalf of such corporation or other entity, to legally bind such corporation or other entity to this Agreement, and in fact such corporation or other entity will be legally bound by this Agreement;
By entering into this Agreement, you, and any corporation or other entity on behalf of which you contract, will not be in breach of any contract with any third party, or in breach of any duty owed to any third party;
You will comply with all applicable laws, regulations and legislation, including but not limited to all applicable human rights legislation, legislation prohibiting discrimination, privacy legislation and legislation regulating individual privacy and the collection, use and disclosure of personal information; and
You enter into this Agreement with bona fide intent to use the Services for lawful purposes only in order to seek Candidates as potential employees or contractors.
You agree to indemnify, defend and hold harmless FPG, its officers, directors, employees, contractors, agents and third parties, for any and all claims, causes of action, debts, losses, costs, liabilities and expenses (including lawyer’s fees on a solicitor and client basis) relating to or arising, directly or indirectly, out of:
your violation of any terms or conditions of this Agreement or your violation of any rights of a third party;
your use of or inability, howsoever caused, to use the Site or Services;
any content or information posted by you; or
your violation of any applicable laws, rules or regulations.
We will have the right, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in pursuing and maintaining any available defenses.
20. Grant of Your License to Us
By posting information or content into the Services such as the Services, you thereby grant to FPG and its users, a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, worldwide license to use, reproduce, publicly display, publicly perform, and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to authorize and grant sub-licenses under the foregoing license. You represent and warrant that you have the right to grant the foregoing license. You further waive any moral rights you may have in any such information or content.
21. Insecurity of the Internet
You acknowledge your understanding that the Internet, including email, is an insecure and not fully dependable medium or means of communication or of obtaining information and that data and information may be lost, modified, distorted, intercepted, reviewed or read while in transit. Further, the Information may not be complete or accurate when accessed, downloaded, viewed or used by you. You agree that we shall have no liability whatsoever for any such loss, modification, distortion or interception, or for incomplete or inaccurate Information.
You also agree that, while you may send email messages or other electronic messages to us by use of links in this Website or other functionality of this Website, where and when the same are available, which availability we do not warrant or represent, or otherwise, you understand the risks of using email or electronic communications. We cannot ensure that an email or electronic message from you will not be intercepted or altered in transit, or that we will in fact receive it.
22. Equitable Remedies
In the event of any breach by you of this Agreement, and in addition to and not in substitution of any other right or remedy we may have, we shall have the right to seek equitable relief, including an injunction or order for specific performance, in any court of competent jurisdiction, without the necessity of proving that damages are not an adequate remedy or of posting any security or bond.
23. Changes to this Agreement
You agree that we may modify or replace this Agreement at any time and may provide you with good and sufficient notice of any and all such modifications or replacements by posting the changed version on the Website or in the Services. You agree that it is your responsibility to check for such changes each time you access or use the Website or the Services, and each such access or use will confirm your acceptance of this Agreement, including any changes made.
24. Links and Third Party Websites
Links to third party website contained in the Website or the Services are provided to you as a convenience only. Such links are accepted by you “as is”, “where is” and “as available” and subject to the disclaimers and limitations set forth in this Agreement. Your use of such links will take you to websites that are controlled by third parties and not by us, and that are subject to change at any time. We accept no obligation to monitor or police such links, or to change or remove them should the content of any such third party linked website be unavailable or objectionable, or any liability should it not do so in a timely fashion or at all. You therefore access such third party websites solely at your own risk and agree that in no event shall FPG be liable to you for the contents of any such website, or for any reliance by you upon such website or use of its contents. The foregoing shall extend and apply to any websites of advertisers that may be included in the Website.
© Copyright, 2018, Friday Professional Group Inc., all rights reserved.