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WEBSITE ACCESS TERMS AND CONDITIONS

Last updated: January 1st, 2009

THESE TERMS AND CONDITIONS TOGETHER WITH THE ADDITIONAL JOB SEEKER TERMS AND THE ADDITIONAL RECRUITER TERMS (THE “TERMS”) AND THE PRIVACY POLICY ARE THE TERMS ON WHICH THIS WEBSITE WWW.EFINANCIALCAREERS-CANADA.COM AND ANY WEBSITE WHICH MAY REPLACE SUCH WEBSITE (THE “WEBSITE”) IS MADE AVAILABLE TO YOU (“YOU”/”YOUR”). BY ACCESSING AND/OR UTILIZING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

1.   Please click here to read the Additional Recruiter Terms.
2.   Please click here to read the Additional Job Seeker Terms.
3. 1. GENERAL INFORMATION
   1. 1.1 The Website is operated by eFinancialCareers Canada, Inc. (the “Company”/"we"/"us"/"our"), a subsidiary of Dice Holdings, Inc.
   2. 1.2 We may change the Terms from time to time without notice and your continued accessing or utilization of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.
   3. 1.3 If there is anything you do not understand about these Terms please feel free to e-mail any inquiry to us at help-ca@efinancialcareers.com before you start accessing or utilizing the Website.
4. 2. YOUR USE OF THE WEBSITE
   1. 2.1 You agree that you will not:
   2. 2.1.1 use the Website (or any part of the Website) for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
   3. 2.1.2 upload, transmit or otherwise disseminate through the Website: (a) any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (b) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or needless anxiety, or have the effect of being harassing, threatening, abusive or hateful or that may otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or (c) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner to post it), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
   4. 2.1.3 use the Website in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired, including, without limitation, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”;
   5. 2.1.4 send unsolicited e-mail, including promotions or advertising of products or services; or
   6. 2.1.5 access or attempt to access any part of the Website that you are not authorized to access or penetrate or attempt to penetrate Website security measures.
   7. 2.2 You agree that, in the event that you have any right, claim or action against any user of the Website arising out of that user's use of the Website, you will pursue such right, claim or action independently of, and without recourse to, us.
   8. 2.3 When registering for the Website you will be asked to create a username and password. You are responsible for maintaining the confidentiality of your username and password. You may not share your username or password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password, as the case may be.
5. 3. INTELLECTUAL PROPERTY RIGHTS
   1. 3.1 You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks, logos and service marks and all other intellectual property rights) in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. We expressly reserve all rights in and to the Website, except as expressly granted in these Terms. Without limiting the generality of the foregoing, you agree that you do not acquire any rights in any content downloaded from the Website.
   2. 3.2 We hereby grant you a limited, non-exclusive, non-transferable license to access and view the materials on the Website solely for your personal, non-commercial use, and to download such material and content onto only one computer hard drive, and print such materials (without removing or obscuring any copyright notices thereon), for such purpose. No modifications of any material taken from here shall be made, whether through deletion, addition or in any other manner. Any other use of the material and content of the Website is strictly prohibited and shall constitute infringement of the Company’s copyright, among other legal rights, and may result in severe civil and criminal penalties. Except as expressly provided in these Terms, you agree not to (and agree not to assist or facilitate any third party to) save, modify, reproduce, transmit, publish, display, distribute or use for any purposes, whether commercial or non-commercial, the Website or any software and information contained within it without our permission. You agree not to decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, commercially exploit or create derivative works from the Website, except to the extent that applicable law specifically prohibits this restriction.
   3. 3.3 By submitting information, text, photos, graphics or other content to us via the Website, you grant us a worldwide, non-exclusive, perpetual, royalty-free sublicensable right to use such materials at our own discretion including, without limitation, to edit, reproduce, disclose, distribute, display, perform, post, and create derivative works from such materials from and on the Website and in any media now known or hereafter developed.
6. 4. LINKS TO AND FROM OTHER WEBSITES
   1. 4.1 You may establish links to the Website from locations outside the Website provided: (a) you link only to the home page of the Website; (b) you do not remove or obscure, advertisements, the copyright notice or other notices on the Website; (c) you give us notice of such link by sending an e-mail message to us at help-ca@efinancialcareers.com; (d) you do not link from a site or service that could be construed as distasteful or offensive or a site which infringes any third party intellectual property rights; and (e) you immediately stop providing links to the Website if notified by us to do so. We reserve the right to remove any such link, with or without notice, in our sole and absolute discretion. If you link to the Website, off-site pages or other sites, you do so at your own risk.
   2. 4.2 We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices (which may differ from our privacy practices) or the content of such websites, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
   3. 4.3 You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing any or all of the content on the Website (by spidering or otherwise) and you may not frame, harvest or scrape any of the content on the Website or otherwise access such content for similar purposes.
7. 5. WARRANTIES AND LIMITATION ON LIABILITY
   1. 5.1 THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE WEBSITE-RELATED SERVICES.
   2. 5.2 THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) ON WHICH IT IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL MEET YOUR NEEDS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE WEBSITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
   3. 5.3 NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR CONTENT CONTAINED ON THE WEBSITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.
   4. 5.4 NOTHING ON THIS WEBSITE IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED OR USED AS, FINANCIAL, LEGAL, TAX, EMPLOYMENT OR INVESTMENT ADVICE, BE AN OPINION OF THE APPROPRIATENESS OR SUITABILITY OF ANY INVESTMENT, OR INTENDED TO BE AN OFFER, OR THE SOLICITATION OF ANY OFFER, TO BUY OR SELL ANY SECURITY.
8. 6. INDEMNITY
   1.   You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your username and password.
9. 7. SECURITY AND PRIVACY
   1. 7.1 You must read our Privacy Policy [ http://efinancialcareers-canada.com/privacyPolicy.htm ] which contains important information about the collection and use of your personal data and other information regarding your privacy and our security processes and policies.
   2. 7.2 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Website).
   3. 7.3 The Website is for the exclusive use of visitors age 13 or older. If you are under 13, please do not use the Website. We do not knowingly collect any personally identifiable information from anyone under 13 years old.
   4. 7.4 To help keep your personal information safe during the job search process, follow the following precautions:
   5. · Avoid using a Social Security or Social Insurance Number on your resume.
   6. · Don't provide any non-work related personal information over the phone or online. This includes your hair and eye color, marital status, etc.
   7. · Leave references off of a publicly posted resume.
   8. · Never provide credit card or bank account numbers or related information.
   9. · Be cautious when dealing with contacts outside of your own country.
   10. · Never give out your eFinancialCareers username or password to anyone.
10. 8. SEVERANCE
    1.   If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining parts of the Terms.
11. 9. CONFLICT OF TERMS
    1.   In the event of any conflict between the interpretation of the Terms and the interpretation of the Additional Recruiter Terms and/or the Additional Job Seeker Terms, the Terms shall prevail.
12. 10. WAIVER
    1.   No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of the Terms.
13. 11. THIRD PARTY RIGHTS
    1.   These Terms are for the exclusive benefit of the parties hereto and their permitted assigns, and no third party shall have any rights under this Agreement
14. 12. CLAIMS OF COPYRIGHT INFRINGEMENT
    1.   The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Website; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to Dice Holdings, Inc., 1040 Avenue of the Americas, Suite 16B New York, NY 10018, (tel) 212-725-6550, (fax) 212-725-9127, Attention: Vice President & General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
    2.   MISCELLANEOUS
    3.   These Terms are entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to these Terms hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York for any dispute arising under or in connection with this Agreement, the Website or any Website-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees.
    4.   These Terms constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. These Terms are not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Website by a user at any time.
    5.   LEGAL NOTICES
    6.   Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
    7.   Pricing Information: Current rates for our services may be obtained by calling us at 800-380-9040, by sending a fax to 515-473-7999, or an e-mail to sales@efinancialcareers.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
    8.   Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

1. ADDITIONAL RECRUITER TERMS

   Last updated: January 1st, 2009
2. 1. General
   1. 1.1 If you are a user of the Recruiter section of the Website (“Recruiter”) then these Additional Recruiter Terms apply to you and are incorporated into the Terms.
   2. 1.2 The Recruiter section of the Website allows access to services including without limitation Advertising Options, Post a Job and Search Resumes ("Recruiter Services").
3. 2. Registration
   1. 2.1 You need to have an account with us in order to use any of the Recruiter Services. This will either be created through our Account management team or if you are purchasing job advertisements through the Buy Jobs Ads section of the Website you will be asked to register as part of this process.
   2. 2.2 If you register for any of the Recruiter Services you agree to ensure that your details provided on registration are true and not in any respect inaccurate, misleading, deceptive or likely to mislead or deceive. You agree to notify us immediately of any changes which are relevant to your registration by informing us at 1-800-380-9040 or help-ca@efinancialcareers.com.
   3. 2.3 If you register to use any of the Recruiter Services you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
   4. 2.4 You can cancel your registration at any time (without affecting either party's statutory rights or liabilities) by informing us on 1-800-380-9040 or help-ca@efinancialcareers.com.
   5. 2.5 We may suspend or cancel your registration immediately if you breach any of your obligations under the Terms or otherwise at our reasonable discretion.
4. 3. Services
   1. 3.1 We operate Post a Job, a Resume database and Corporate Branding paid services on the Website (“Chargeable Services”). Each order for a Chargeable Service ("Order") shall be made either through the Buy Job Ads section of the Website (if paying by credit card) or our standard booking order form (if paying following receipt of an invoice). By placing an Order you accept and agree to comply with the Terms.
   2. 3.2 Subject to the Terms and in return for completion of an Order to our satisfaction, you may post job advertisements ("Job Advertisements") and/or corporate branding ("Branding") submitted for inclusion on the Website ("Content"). As an added benefit, we have the right (but not the obligation) to post your Job Advertisements and Branding across our exclusive network of jobsites, including those sites listed here [http://static.efinancialcareers-canada.com/assets/pdf/recruiterMiniSite/eFinancialCareers_Partners.pdf ].
   3. 3.3 The amount of Content posted on the Website and the length of time that such Content remains on the Website shall be specified by the option chosen by you on the Order. You may request us to remove any Content from the Website before such Content has reached its expiration date, but you shall not be entitled to a refund for unused time.
5. 4. Your Obligations
   1. 4.1 You will pay us for the Chargeable Services in accordance with clause 7 of these Additional Recruiter Terms.
   2. 4.2 You will provide us with all materials for the Content no later than seven days prior to the date that such Content is to be posted on the Website, such date being set out in the relevant Order, including without limitation such technical specifications and format guidelines as to Content as we may specify from time to time.
   3. 4.3 You agree that:
   4. 4.3.1 you are solely responsible for the form, content and accuracy of any Content;
   5. 4.3.2 you will only submit Content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive;
   6. 4.3.3 any and all Job Advertisements that you submit shall relate to specific and genuine job opportunities that were available at the time of posting; and
   7. 4.3.4 by submitting Content, you permit any user of the Website to view, store and reproduce such Content for personal use.
   8. 4.4 If the Federal Trade Commission, Advertising Standards Authority or any other independent reputable industry body sets up a pre-clearance procedure for internet advertising, then you agree (at our request and at your sole cost) to submit all Content to such organization for pre-clearance and you shall provide satisfactory written confirmation of such clearance to us not less than fourteen days prior to the date for such content to be posted on the Website, such date being set out in the relevant Order.
   9. 4.5 You will ensure that all Content complies with all applicable federal, state and local law, including applicable laws relating to employment agencies and government contractors.
6. 5. Warranties, Representations and Indemnity
   1. 5.1 You represent and warrant to us that:
   2. 5.1.1 you have the power and authority to enter into these Additional Recruiter Terms and grant all rights granted or purported to be granted and fully perform your obligations hereunder;
   3. 5.1.2 you have or will have obtained prior to transmission all necessary rights, consents, licenses, clearances and waivers in relation to the Content and Branding (including without limitation any musical recordings and compositions contained in the Content and Branding) to enable us to publish the Content or Branding on the Website and you shall be solely responsible for any and all payments due to third parties as a result of such publication;
   4. 5.1.3 no Content will constitute an offer, or a solicitation of an offer, to buy or sell any security under any applicable federal, state or local securities laws;
   5. 5.1.4 you shall not send directly or indirectly, a cookie (being a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website who accesses the Content, irrespective of whether any such device has been enabled by such user to receive cookies; and
   6. 5.1.5 you will comply with all applicable federal, state and local privacy and data security laws.
   7. 5.2 You shall indemnify on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, legal costs and expenses and value added tax thereon) and liabilities suffered or incurred, directly or indirectly, by us in consequence of:
   8. 5.2.1 any breach, non-performance or non-observance by you of any of its agreements, obligations, warranties, representations and undertakings contained in these Additional Recruiter Terms; or
   9. 5.2.2 the use, publication, reproduction or transmission of the Content or Branding on the Website.
   10. 5.3 This Clause 5 shall continue in full force and effect notwithstanding any suspension or termination of the Terms.
7. 6. Our Rights
   1. 6.1 The content, layout, availability and format of the Website shall be subject to modification at our sole discretion.
   2. 6.2 We reserve the right to vary the Chargeable Services and do not guarantee that a Chargeable Service will remain chargeable or that a free-of-charge service will remain free-of-charge.
   3. 6.3 By submitting any Content to us, you grant us and our affiliates the worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right to use, reproduce, modify, publish, translate, transmit, communicate, distribute, display, perform and create any derivative works from such Content. We reserve the right to make inactive or delete at any time and without prior notice any Content. Any acceptance by us of any Content shall not be deemed to constitute an acceptance by us that such Content is provided in accordance with the Terms nor shall it constitute a waiver of our rights. In the event that we make inactive or delete any of your Content we shall use reasonable efforts, but are not obliged, to contact you in advance.
   4. 6.4 We reserve the right to re-categorize the search location Job Advertisement in the Website’s database if we, in our sole discretion, consider it not to be located to maximum benefit. We also reserve the right to remove temporarily or permanently any Content which we, in our sole discretion, consider to be of an unsatisfactory standard for whatever reason.
   5. 6.5 We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of any Content from the Website and immediate termination of your registration with or without ability to access the Website and/or any service provided to you by us, upon any breach by you of the Terms or if we are unable to verify or authenticate any Content submitted to the Website.
   6. 6.6 Subject to clause 4.2 of these Additional Recruiter Terms, we will use our reasonable efforts to post all Content on the date set out on the relevant Order but we do not accept liability for any consequences, howsoever arising, due to error or delay in posting, or refusal to post, Content.
   7. 6.7 We shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any Content required by any competent authority having jurisdiction over or responsibility for the regulation of electronic and online advertising on the internet (including without limitation the Federal Trade Commission, the American Association of Advertising Agencies and the Better Business Bureau or any replacement bodies).
   8. 6.8 Save as otherwise expressly agreed by us in writing, no protection against proximity of competitive products or services on the Website is given by us.
   9. 6.9 In the event of our publication of the Website being restricted, curtailed or prevented by any law, regulation, guideline, code or any other act or thing beyond our control, we may at any time, notwithstanding anything contained in these Additional Recruiter Terms, forthwith terminate these Additional Recruiter Terms in whole or in part without prejudice to our right to be paid by the Recruiter any monies due at the date of termination.
   10. 6.10 The Recruiter grants us a worldwide, sub-licensable, royalty free, non-exclusive license to use certain of its names, trade marks and/or logos for the purpose of enabling us to perform our obligations under these Additional Recruiter Terms.
   11. 6.11 In order to maintain the integrity of eFinancialCareers we reserve the right to forward contact details to any regulatory authorities (including without limitation the police) when requested to do so. We may also forward your contact details where a complaint arises concerning your use of eFinancialCareers and where that use is considered to be inconsistent with the Terms. Subject to this clause 6.11 and the provisions of our Privacy Policy [ http://efinancialcareers-canada.com/privacyPolicy.htm ],and other than as required by law, we will not disclose your registration details to any third party without your consent.
8. 7. Payment
   1. 7.1 Fees for Job Advertisements are set out in the Buy Job Ads section of the Website and may be updated by us from time to time. Fees for Branding are available by contacting sales@efinancialcareers.com.
   2. 7.2 You must provide us with complete, accurate and up to date payment information. By submitting card payment details to us you warrant that you are entitled to purchase the Chargeable Services using such payment details. If we do not receive payment authorization or if payment is not valid, cannot otherwise be processed or if any authorization is subsequently cancelled or any check of your card fails, you shall remain liable for such amount and we may, at our option, immediately terminate or suspend your access to any Chargeable Services.
   3. 7.3 If you choose to buy any Content via our standard booking order form, you will receive an invoice from us which shall be payable within 30 days of receipt in Canadian Dollars. If you fail to satisfy this invoice in full by the due date, we shall be entitled but not obliged to charge you interest on the overdue amount, payable by you immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 2% per annum above the base rate for the time being of Chase Bank N.A. or, if lower, the highest interest permitted under applicable law. Such interest shall accrue on a daily basis and shall be compounded quarterly.
   4. 7.4 In the event of any failure by you to make payment in accordance with these Additional Recruiter Terms, you will be responsible for all expenses (including legal fees) incurred by us or our agents in collecting such amounts.
   5. 7.5 All payments referred to in these Additional Recruiter Terms are stated exclusive of sales tax and all other similar taxes other than taxes on the Company’s net income.
   6. 7.6 If the Website is unavailable to you, through operating difficulties on our part, for more than 7 consecutive working days then a pro-rata refund of the appropriate monthly fee shall be made to you by adjusting the next monthly invoice accordingly.
9. 8. Termination
   1. 8.1 Either party (the "Non-Defaulting Party") may terminate these Additional Recruiter Terms and/or require payment of any amounts due hereunder (without prejudice to its other rights and remedies) with immediate effect by written notice to the other party (the "Defaulting Party") if the Defaulting Party commits a material breach of any of its obligations under these Additional Recruiter Terms and if the breach is capable of remedy, fails to remedy it during the period of fifteen (15) days starting on the date of receipt of notice from the Non-Defaulting Party specifying the breach and requiring it to be remedied;
   2. 8.2 These Additional Recruiter Terms shall automatically terminate: if the Defaulting Party becomes insolvent (including being unable to pay its debts as they fall due and/or that the value of its assets is less than the amount of its liabilities taking into account its contingent and prospective liabilities) has a receiver, administrator or manager appointed over the whole or any part of its business or assets; if any petition shall be filed, order shall be made or resolution passed for its winding up (except for the purpose of a bona fide restructuring or reorganization), bankruptcy or dissolution; if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, if it ceases or threatens to cease to carry on business or if it claims the benefit of any statutory moratorium; or
   3. 8.3 Each party shall immediately give notice in writing to the other party of any event within clauses 8.1 and 8.2 which would entitle the other party to terminate these Additional Recruiter Terms.
10. 9. Publicity
    1.   You shall not without our prior consent claim any association with us or use our name, mark or logo or otherwise refer to us or our services or publish any information in connection with any Job Advertisement or Branding which has been published or is scheduled for publication.
11. 10. Miscellaneous
    1. 10.1 We shall have no liability for any delay in or failure to perform any or all of our obligations under the Terms if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control including, without limitation, industrial disputes, nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.
    2. 10.2 Any notice given under these Additional Recruiter Terms shall be in writing and served by hand, prepaid, registered mail or an overnight courier to the relevant addressee at the address referred to in the Order or such other address as the relevant party may designate to the other in writing from time to time. Any such notice shall be deemed to have been served at the time of delivery. For the avoidance of doubt, notice given under this Contract shall not be validly served if sent by email.
    3. 10.3 Nothing in this Contract shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in this Contract.
    4. 10.4 Each party undertakes that it will not at any time hereafter use or disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, the terms and conditions or existence of the Terms or any confidential information concerning the business or affairs of the other party which may have or may in the future come to its knowledge. Neither party shall use any such confidential information except for the performance of the Terms or make any announcement relating to the Terms or its subject matter without the prior written approval of the other party. This paragraph 10.4 shall continue in full force and effect notwithstanding any suspension or termination of the Terms.

1. ADDITIONAL JOB SEEKER TERMS

   Last updated [ 01/01/09 ]
2. 1. General
   1. 1.1 If you are a user of either the Find a Job ("Find a Job") or browse ("Browse") sections of the Website then these Additional Job Seeker Terms apply to you and are incorporated into the Terms.
   2. 1.2 Browse Jobs allows users to search for jobs by sector, by location or by keyword.
   3. 1.3 Find a Job allows users to access the following parts of the Website: (a) Advanced Job Search; (b) Search by Company; (c) Post your Resume; and (d) Jobs by Email. Browse allows users to browse jobs that appear on the Website by sector, location or keyword.
3. 2. Registration
   1. 2.1 If you are a job seeker seeking to: (a) submit your resume or career summary (or similar) ("Resume") to the Website under the Post your Resume section of Find a Job; or (b) receive details of available jobs by email under the Jobs by Email section of Find a Job then you will need to register on the relevant pages of the Website.
   2. 2.2 If you register for our Post your Resume and/or Jobs by Email services then you agree to ensure that your details provided on registration are true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive. You agree to notify us immediately of any changes which are relevant to your registration by informing us at 1-800-380-9040 or help-ca@efinancialcareers.com.
   3. 2.3 If you register to use the Post your Resume and/or Jobs by Email services on the Website you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
   4. 2.4 You may update your contact details, remove your Resume from the Website or unsubscribe from the Jobs by Email service by accessing the My eFC section of the Website. In order to cancel your registration at any time (without affecting either party's statutory rights or liabilities) you need to email us at help-ca@efinancialcareers.com.
   5. 2.5 By providing us with your personal details on registration, you agree that we can contact you during normal business hours by phone or email or other appropriate means regarding your account.
   6. 2.6 We may suspend or cancel your registration immediately if you breach any of your obligations under the Terms or otherwise at our reasonable discretion.
4. 3. Your Additional Obligations
5. 3. You agree that:
   1. 3.1.1 you are solely responsible for the form, content and accuracy of any content (including without limitation any Resume) submitted by you to the Website;
   2. 3.1.2 you will submit content (including without limitation Resumes) that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive;
   3. 3.1.3 you will make any content (including without limitation any Resume) submitted to the Website inactive by clicking the appropriate box on the "Create/edit Resume" screen when you are unavailable for employment;
   4. 3.1.4 by submitting content to the Website (including without limitation any Resume), you permit any user of the Website to view, store and reproduce such content for personal use. It is important to note that any information transmitted over the internet can be intercepted by third parties. You acknowledge that we cannot and do not assume any liability for the theft, loss, misuse or alteration of any information transmitted over the internet.
6. 4. Our Additional Rights
   1. 4.1 By submitting any content (including without limitation any Resume) to the Website, you grant us and our affiliates the worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right to use, reproduce, modify, publish, translate, transmit, communicate, perform, display, distribute and create any derivative works from such content. Where such content is your Resume this right shall be in relation to your intention to find a job through utilizing the Website. You should note that we reserve the right to make inactive or delete at any time and without prior notice any content on the Website. In the event that we make inactive or delete any of your content on the Website we shall use reasonable efforts, but are not obliged, to contact you in advance.
   2. 4.2 We reserve the right to remove any content (including without limitation any Resume) which we deem to be offensive, inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard.
   3. 4.3 We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your content (including without limitation any Resume) from the Website and immediate termination of your registration with or without ability to access the Website and/or any service provided to you by us, upon any breach by you of the Terms (including without limitation these Additional Job Seeker Terms) or if we are unable to verify or authenticate any consent you submit to the Website.
7. 5. Responsibility
   1. 5.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of the use of any content (including without limitation any Resume) submitted by you to the Website by us or any employer, recruitment consultant, employment agency, media buyer (or similar) ("Recruiter").
   2. 5.2 We make no warranties as to the truth or accuracy of job advertisements posted by Recruiters, the accuracy of the Jobs by Email service or the ability of Recruiters or employers to offer jobs to job seekers.
   3. 5.3 Recruiters are responsible for determining the suitability of applicants for jobs and we shall have no responsibility for the selection and recruitment policies and procedures of any Recruiter. You agree that Recruiters are third parties over which we have no control and that accordingly we shall have no liability to you arising from (and you shall hold us harmless against) the acts or omissions of any Recruiter.
   4. 5.4 Any information provided to you or other users by us via the "Ask the Expert" or similar pages of the Website is not advice and is provided for information purposes only based on the limited facts provided to us. We do not take responsibility for any reliance you place on such information and you should seek independent advice before taking any decision. We do not guarantee to respond to all queries.