1.1 - The terms "we", "us" and "Company" refers to Acuspire, Inc., its affiliates and/or their respective suppliers and providers ("Acuspire"), and "you" refers to the user using the services available on the website. All use of our website, and any subscription purchases you make through us are subject to the following terms, conditions and notices as they exist at the time the purchase is made. We reserve the right to change these terms, conditions and notices and you agree to accept and be bound by the terms, conditions and notices that are in effect at the time of your use of our website and facilities.
2.1 - The content and information on this website (including, without limitation, jobs information), as well as the infrastructure used to provide such content and information, is proprietary to Acuspire and its suppliers. While you may make limited copies of job postings (and related information), you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to:
3.1 - You may upload and post to the website your own content including documents (resume), text, reviews, comments and contact information, as the website permits provided it is in accordance with Section 8 ("User Content"). You agree that we do not guarantee any confidentiality or privacy with respect to any User Content posted by you to the website. You are solely responsible for your own User Content and the consequences of posting or publishing them on the website. In connection with User Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit and post such content on the website. By submitting User Content, you hereby grant to us a worldwide, royalty-free license to publish and host such User Content in connection with the website. We expressly disclaim any and all liability in connection with User Content. We also reserve the right in our discretion to remove User Content on reasonable notice in the event of any dispute or any other alleged contravention of laws or these terms.
4.1 - As between you and us, you own rights to your own User Content. All other contents of this website are protected by copyright and owned by Acuspire, Inc. and its suppliers and licensors. All rights reserved.
5.1 - Acuspire and the Acuspire logo are trade-marks of Acuspire, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, ACUSPIRE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR INACCURACIES RELATING TO ANY USER CONTENT, JOB DESCRIPTIONS, JOB TITLES, COMPANY RATINGS, SALARIES, COMPANY AMENITIES AND OTHER DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. FURTHERMORE, ACUSPIRE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR INACCURACIES RELATING TO ANY CONTENT PROVIDED BY GLASSDOOR INC. COMPANY RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND ACUSPIRE DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACUSPIRE MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. THE ACUSPIRE SERVICE MAY BE TEMPORARILY UNAVAILABLE AT ANY TIME FOR MAINTENANCE OR OTHER REASONS. ACUSPIRE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ACUSPIRE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ACUSPIRE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE JOB BOARDS AND OTHER SUPPLIERS PROVIDING JOB DATA OR OTHER SERVICES FOR ACUSPIRE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ACUSPIRE. ACUSPIRE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OTHER USERS, ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ACUSPIRE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL ACUSPIRE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ACUSPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.1 - You agree to defend and indemnify the Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: you or on your behalf in excess of the liability described above; or by third parties as a result of: your breach of this agreement or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this website.
8.1 - As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
8.2 - You may not:
9.1 - This website may contain hyperlinks to websites operated by parties other than Acuspire. Such hyperlinks are provided for your reference only. Acuspire does not control such websites and is not responsible for their contents or your use of them. Acuspire's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
10.1 - Any software that is made available to download from this website ("Software") is the copyrighted work of Acuspire or its suppliers or licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Acuspire hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose. Please note that all Software, including, without limitation, code contained on this website, is owned by Acuspire or its suppliers or licensors, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
10.2 - WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
10.3 - You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to any applicable export restrictions.
11.1 - Subscription Service
11.4 - Job Placement
12.1 - Acuspire reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of Acuspire’s website and facilities. Changes will be posted on our website and will take effect 10 business days after posting. Your continued use of the website after such period will constitute acceptance of the revised terms.
If you breach the terms of this agreement or any other applicable policies, or infringe any intellectual property or privacy rights of others, we may limit your access to the website and/or terminate your membership. Upon termination, you lose access to our website services. We may delete any of your User Content after termination of your access in the event of breach of this agreement, or infringement of any intellectual property or privacy rights of others.
14.1 - By using this website or subscribing to a service through us you agree that the internal laws of the Province of Alberta, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and the Company or its affiliates. You hereby agree that any dispute arising from or relating to the use of this website, or any purchases made with us, if not amicably resolved, be resolved only through binding arbitration between you and us, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Calgary, Alberta. This arbitration shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph.
14.2 - If you are involved in a dispute under this agreement , we will agree to conduct arbitration proceedings in a major city in your state or province, if travel to Calgary, Alberta would constitute an undue burden for you, if you substantiate and represent this to us in a written statement, provided that you shall bear the difference in cost if we ultimately prevail in the arbitration.
14.3 - You agree that any breach by you of a negative covenant hereunder or any breach of your obligations under Sections 2 (Use Limitations), 3 (User Content), 8 (No Unlawful or Prohibited Use), or 11 (Terms, Conditions and Warranties), shall be considered a breach of a negative covenant and shall result in immediate and irreparable harm, loss and damage to us, for which monetary damages alone will not adequately compensate us, or otherwise cure or remedy such breach. You agree that you shall not oppose or interfere with any application by us to a court of competent jurisdiction for any injunctive relief associated with such breach by you. The parties agree that the foregoing terms are fair and reasonable terms negotiated between parties of equal bargaining power. You also agree that the restrictions and covenants contained in this Article are of the essence to this Agreement and constitute a material inducement to us to enter into this Agreement and we would not enter into this Agreement absent such an inducement.
14.4 - We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company with respect to your use of this website. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of this website. We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company with respect to your use of this website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and the Company with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and the Company with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
15.1 - The Acuspire website is provided solely to provide assistance to users in finding jobs, relative to the information they have provided to Acuspire, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent registration or payment is prohibited. You agree that the job application services of this website shall be used only to make legitimate applications for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the services of this website may result in you being denied access to such facilities. You understand that any violation of the terms and conditions of may result in cancellation of your account, in your being denied access to further services on Acuspire, and in your forfeiting any monies paid to date. You shall be completely responsible for all charges and taxes arising out of use of your account on this website.