ThirdQuarter Terms of Service, Conditions and Usage

1. ThirdQuarter provides this website, conditional on your acceptance of the terms and conditions of use set forth below. By accessing, using or downloading messages, information, data, text or other materials from the ThirdQuarter website or by sending messages, information, data, text or other materials to the ThirdQuarter website, you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use the ThirdQuarter website.
2. ThirdQuarter has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. In addition, ThirdQuarter may change any aspect of this Site, including the availability of any features at any time; changing the nature or its services, offerings or fees for use; imposing limits on the use of the website or its features or services; and removing or changing any content.
3. The ThirdQuarter website may be used only for lawful purposes by individuals seeking job opportunities and job searching information, and by firms seeking employees.
4. ThirdQuarter grants to registered individuals and firms non-exclusive, non-transferable, limited right to access, use and view this website and its contents, solely for personal and individual company use related to matching job interests and searches with job opportunities. Right of use is not granted to remove content; sell, reproduce or modify the content of the ThirdQuarter website; or use in any way to reproduce, distribute or display the content of the website for any public or commercial purpose.
5. ThirdQuarter does not warrant access or use of the website for any purpose that could damage, disable, overburden or impair this website; disrupt or interfere with use of the website; or seek to access personal and private information.
6. ThirdQuarter does not permit the use or attempted use of another's account, password or other information; create or use a false identity; obtain unauthorized access to the website; transmit on, to or from the website spam, junk mail or any other type of unsolicited mass e-mail; collect information about others; register an e-mail address that you do not own or for which you do not have permission of the owner to use.
7. You may only post information or materials related to the stated purposes of the website. You will not or allow others to post false or inaccurate biographical information or information which is not your own accurate resume; delete or revise any material posted by any other person or entity; post or transmit any information or materials that are unlawful, harmful, abusive, harassing, defamatory, libelous, obscene, or infringe or violate any third party's copyright, privacy or other proprietary or property rights; or impersonate any person or entity or otherwise misrepresenting your affiliation with any person or entity.
8. You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the ThirdQuarter website. You will comply with all laws that apply or may apply to your use of or activities on this website. ThirdQuarter reserves the right at all times to disclose any content Materials provided by you as necessary to satisfy any law, regulation or governmental request.
9. ThirdQuarter reserves the right to edit, refuse to post or remove any content, in whole or in part, that in ThirdQuarter's sole discretion is objectionable or in violation of these Terms and Conditions.
10. You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you.
11. You agree to immediately notify ThirdQuarter of any unauthorized use of your registration or password.
12. The ThirdQuarter website, including all of its content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Content. ThirdQuarter does not grant any expressed or implied right or license to you under any intellectual property right.
13. ThirdQuarter will provide links on its website to other web sites. It provides these links only as a convenience. Your use of these linked sites is done at your own risk. ThirdQuarter is not responsible for the contents of any such linked page and does not warrant or endorse the information, products or services on them.
14. ThirdQuarter welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree that you cannot state or imply that ThirdQuarter endorses you, or your products or services; and do imply an affiliation between you or your company and ThirdQuarter without prior written consent of ThirdQuarter.
15. You agree to abide by the ThirdQuarter privacy policy, a copy of which is accessible from the home page of this Site.
16. You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk. ThirdQuarter makes no representation or warranty of any kind regarding the website and/or its content, including information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis.
17. Without limiting the generality of the foregoing, the information provided on the ThirdQuarter website is for general informational purposes only. Information is provided by third parties on an "As Is" basis, and ThirdQuarter does not review it. ThirdQuarter does not warrant or guarantee the truth, accuracy or completeness of this information.
18. ThirdQuarter is does not screen or censor the resume or job listings offered, and has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.
19. You agree that ThirdQuarter and any third party mentioned on this site will not be responsible or liable for any loss or damages whatsoever, including loss of information, data or revenue arising in connection with the use, access or inability to use or access this website. In any event, you agree that ThirdQuarter's aggregate liability for damages shall be limited to $100.
20. You agree to defend, indemnify and hold harmless each of ThirdQuarter, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the website and its content.
21. The website is controlled, operated and administered by ThirdQuarter from its office within Canada. ThirdQuarter makes no representation that the website and its content are appropriate or available for use at any locations outside Canada. If you access the website from outside Canada, you are responsible for compliance with all local law.
22. Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Winnipeg, Manitoba in English and governed by Manitoba law pursuant to The Arbitration Act (Manitoba), as amended, replaced or re-enacted from time to time.

Terms and Conditions Pertaining to Sale or Purchase of ThirdQuarter Services or Products

1. These terms and conditions pertain to the sale or purchase of online ThirdQuarter services and products and will be known as ThirdQuarter's e-commerce policy.
2. These terms are between ThirdQuarter and any information, business or organization that sells or purchases services or product, including job postings or advertisements. It is between ThirdQuarter and anyone purchasing or selling products or services on behalf of or as an agent or representative of a firm or organization. In entering into any agreement, you hereby represent and warrant that you have the full and express authority to enter into this agreement on behalf of your employer or principal.
3. By accessing the ThirdQuarter website or by ordering or purchasing any products or services from this website, Customer agrees to accept and abide by these terms and conditions. In addition to these terms and conditions regarding any order or purchase of products or services, customer should review our other terms and conditions of use and policies posted on our website. Those terms, including the Terms and Conditions of Use of the website generally, and our Privacy Policy, also governs the use of the Website by Customer.
4. Customer will pay to ThirdQuarter the charges in the manner and amount set out on the Website plus applicable taxes. Where payment by invoice has been authorized, payment will be made on a net thirty (30) calendar day basis, meaning that the next amount payable by Customer, inclusive of all taxes and applicable costs, is due and payable thirty (30) calendar days after the date of a correct invoice delivered by ThirdQuarter to the customer. Interest on amounts unpaid after due shall be payable at the rate of 12% per annum.
5. ThirdQuarter reserves the right to revise its rates from time to time and such rates may apply to any renewal of this Agreement or its term.
6. All sales are final. Fees paid for job postings, products or services at ThirdQuarter.ca are non-refundable. However, we want you to be completely satisfied. If, for any reason, you are unsatisfied with any online purchase(s); ThirdQuarter will gladly credit your account for the amount specified—within 30 days of the original purchase date.
7. The provision of the Services does not grant any right, title or interest to customer in software, products, trade-marks, trade names, data, materials, tools or methodologies used by ThirdQuarter or in the provision of the Services, or in any of its proprietary or licensed rights (collectively the "Proprietary Items"), and ownership of all of the foregoing shall at all times remain with ThirdQuarter or its licensors.
8. All trade secrets, proprietary or confidential information provided by one party to the other party whether or not the information is actually owned by the disclosing party, including without limitation, business, financial, operational, marketing, information about products, services, pricing, costing, suppliers, customers, support programs and systems, know-how, designs, techniques, software, specifications, network information, codes, programs, special equipment and devices, together with any analysis or evaluation of such information, and any information that is designated as confidential or disclosed in circumstances of confidence, or that would be understood by a receiving party, exercising reasonable business judgment, to be confidential, shall be treated as highly confidential information.
9. As between Customer and ThirdQuarter, proprietary Items will be deemed confidential information of ThirdQuarter. This include, without limitation, any resume database to which access is provided through the use of the Services, including all resumes contained therein, and all other information provided by job candidates, including but not limited to their registration information and the specific jobs for which they are applying. Customer acknowledges and agrees that the foregoing is and shall remain the exclusive property of ThirdQuarter.
10. In the course of performance under this Agreement, Customer may provide ThirdQuarter with or may post Customer related materials, information and other content, including but not limited to job postings, corporate information and promotional materials, banner advertisements, copies of Customer trade-marks and logos, and any other text, images, graphics, sound, videos or data (the "Customer Items"). These customer items shall remain the exclusive property of Customer. Customer hereby provides ThirdQuarter, for the Term of this Agreement, a non-exclusive license to reproduce and use the Customer Items as is reasonably required to provide the Services.
11. Customers will access and use the ThirdQuarter website and its services only for the purposes of recruitment of job candidates for employment directly with customer, or contacting specific job candidates in relation to a specific job opportunities, provided that customer is ordinarily in the business of job recruitment for third parties (such Customer is also referred to as a "Recruiter") and has been retained by a third party ("Third Party Employer") to recruit for that specific job opportunity.
12. The customer will not disclose any information, including personally identifiable information, obtained through the use of the Services to any other person, individual or entity, except that a recruiter may disclose to a Third Party Employer information regarding candidates for a specific job opportunity in respect of which the Recruiter has used the Services to post the job on behalf of the Third Party Employer. Any Recruiter will ensure that it has entered into an agreement with each Third Party Employer requiring the Third Party Employer to use the information provided by the Recruiter solely for the purpose of filling the job with the Third Party Employer for which the information was provided.
13. Customers represent and warrant that job postings will conform to the job posting formatting specifications on the ThirdQuarter website or as otherwise provided by ThirdQuarter from time to time; and be accurate and contain sufficient detail to clearly convey the nature and requirements of the employment position.
14. Customer will not, directly or indirectly, whether on its own or in conjunction with any other person or entity use the services or website to promote or market its own recruitment services; to contact job candidates other than as provided by the ThirdQuarter services and access policies; to engage in any other resale or commercial use of the Services, material or information obtained through use of the Services; to post or use any job candidate's resume on the Customer's own website for the Customer's own or any other person's commercial or other purposes; to collect or use any product or service listings, descriptions, or prices, or engage in any form of derivative use of the Services; to sell, share or otherwise disclose to any third party the username, password or any other registration or identification information; to use any device or process to monitor, copy, summarize, or otherwise extract information from Thirdquarter, including any job posting or other content; and to insert any words, spaces or characters in any field in the job posting data entry for.
15. In the case of Recruiters, they cannot identify or name their clients or any third party in the "Job Title" field of the data entry form for a job position; without the consent of such clients or third parties, identify or name their clients or any third parties in any other field of the data entry form for a job posting; require the payment of a fee by any person responding to a job posting; send out any marketing emails, mass emails or any other form of unsolicited communication using job candidate or other personal information obtained through the ThirdQuarter website; upload or post material to the ThirdQuarter website that would constitute a criminal offence or give rise to civil liability or that would encourage or promote such conduct; or upload or post material or links that is false or misleading in any way.
16. Customers assume full responsibility and liability for the use of Customer's accounts and passwords by any authorized affiliate of Customer and by any unauthorized party. Customer accepts full responsibility for all activities that occur under Customer's accounts. Customer is responsible for ensuring that the content of all communications, including job postings, posted by Customer comply with applicable law and for ensuring that they do not infringe upon the proprietary or personal rights of any person.
17. Customers will comply with all federal, provincial, state, municipal or other privacy laws including those governing the collection, storage, disclosure, transfer or use of personal information and including without limitation, in Canada, the Personal Information Protection and Electronic Documents Act (Canada). Customer will comply with all privacy, personal information, data protection and similar policies adopted or used by ThirdQuarter from time to time, including the ThirdQuarter privacy policy which may be found at the home page of the website.
18. The term of the agreement between ThirdQuarter and its customers shall commence on the earlier of the date on which it is accepted by Customer or on which the Services are purchased and shall continue in effect until the end of the period during which ThirdQuarter has agreed to provide any of the Services.
19. Either party may terminate this Agreement effective upon written notice to the other party if the other party defaults in a payment or other material obligation under this agreement, any of the Terms and Conditions of Use of the ThirdQuarter website generally, any applicable Privacy Policy or under any applicable usage guideline and continues in default for a period of ten (10) calendar days after written notice, except that ThirdQuarter may terminate this Agreement immediately upon the occurrence of any event in breach of the provisions of any of the Sections of this Agreement.