Terms of Use

Effective as of July 15th, 2011

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE MATCHFWD SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms of use ("Terms of Use") apply solely to your access to, and use of, the matchFWD.com web site (the "Site") and any related sub-domains, and the services provided through the Site or matchFWD’s proprietary API (the "matchFWD Service" or "Service"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with matchFWD for products, services or otherwise. If you are using the Site or the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and matchFWD for violations of these Terms of Use. Amendments to the Terms of Use. matchFWD reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site and a prominent notice, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your access and use of the Site and the Services. If you do not agree to or cannot comply with the amended terms, you must stop using the Site. If you have any question regarding the use of the Site or the matchFWD Service, please refer first to the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to info@matchfwd.com.

1. Privacy Policy

Please refer to our Privacy Policy for information on how matchFWD collects, uses and discloses personally identifiable information from its users. Your use of the Site and the Services is subject to the terms of the Privacy Policy which is incorporated by reference and made a part of the Terms of Use. It is important that you read and understand the terms of our Privacy Policy.

2. Registration Data; Account Security

In consideration of your use of the Site and the matchFWD Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any other information you provide to matchFWD, to keep it accurate, current and complete. We endeavour to use reasonable security measures to protect against unauthorized access to your account. You agree to immediately notify matchFWD of any unauthorized use or your account, or any other breach of security at info@matchFWD.com, and you accept all risks of unauthorized access to the Site, the Registration Data and any other information you provide to matchFWD.

3. The matchFWD Service

Scope of Service. The matchFWD Service allows: Employers to post job and contracts openings and offer referral bonuses (as described below) if a candidate referred through the matchFWD Service is hired for that position. All job postings on the Site by employers are governed by the Terms of Use; Candidates to post their profile and availabilities. All candidates postings on the Site by candidates are governed by the Terms of Use; and Users to share job openings posted on the Site with their contacts and to refer potential candidates for such job openings. matchFWD reserves the right, in its sole discretion and without notice, to remove or to refuse to post or accept any job opening, referral, candidate profile, job sharing or other information. No Monitoring. matchFWD does not verify, monitor, control, approve or endorse any job openings or referrals posted on the Site, the users posting such job openings or referrals, the content of any job postings, or any candidates that may apply for any job openings in as a result of the matchFWD Service. Thus, candidates and employers should independently verify any such information before making any decision to, as the case may be, apply for a job opening or employ a candidate. matchFWD makes no representation or warranties of any kind regarding such job opening or referrals or any candidates that apply for such job openings, including without limitation regarding the accuracy or completeness of the job posting or referral or the qualifications of any candidates. Your dealings, interaction or communications with any employers or other users who post job openings or referrals through the matchFWD Service or any candidates who apply for such job openings, and any terms, conditions, agreements or representations associated with any positions filled as a result of such job openings, are solely between you and such third party. You acknowledge and agree that matchFWD is not responsible or liable in any manner for any loss, harm or damage of any sort incurred as the result of any job opening, posting or referral on the Site, any interactions or dealings with employers or users that post such job openings or referrals or candidates that apply for or fill such job openings, or the accuracy, completeness, reliability, appropriateness or legality of any of the foregoing.

4. Intellectual Property

Copyright. Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the matchFWD logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of matchFWD or its licensors or users and are protected by copyright or other laws. Limited License. You are granted a personal, limited, revocable, non-transferable, non-sublicensable, worldwide license to access and use the Site for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Site, the matchFWD Service or the Site Materials therein; (b) the collection and use of any job listings or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of matchFWD, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. matchFWD reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Trademarks. “matchFWD”, the matchFWD logos and any other product or service name or slogan contained in the Site (collectively, the “Trademarks”) are trademarks (registered or not) of matchFWD or of its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of matchFWD or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "matchFWD" or any other name, trademark or product or service name of matchFWD without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of matchFWD and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. No License. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as granting you any license, right, title or interest relating to Site Materials or the Trademarks or any other intellectual property used in connection with the Site and/or the Services (collectively, the “Intellectual Property”) whether by estoppel, implication or otherwise, and the Intellectual Property remains the exclusive property of matchFWD or its owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Site or made available through the Services. Repeat Infringer Policy. matchFWD has adopted a policy of terminating, in appropriate circumstances and at matchFWD's sole discretion, subscribers or account holders who are deemed to be repeat infringers. matchFWD may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Copyright Complaints. If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement by sending an email to .

5. Hyperlinks

Right to Link. You are granted a personal, limited, non-exclusive, revocable, non-transferable right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray matchFWD or any of its listings, products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a matchFWD logo or other proprietary graphic of matchFWD to link to this Site without the express written permission of matchFWD. Further, you may not use, frame or utilize framing techniques to enclose any matchFWD trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without matchFWD's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of matchFWD or any third party. No Liability for Third Party Web Sites. matchFWD makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of matchFWD and matchFWD is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. matchFWD provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by matchFWD of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

6. Third Party Content

matchFWD may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. matchFWD does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that matchFWD is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by matchFWD.

7. Advertisements and Promotions; Third-Party Products and Services

matchFWD may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. matchFWD is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-matchFWD advertisers or third party information on the Site.

8. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the matchFWD Service or matchFWD's other products or services that are provided by you in the form of email, postings or other submissions to matchFWD (collectively, “Feedback”) are non-confidential and shall become the sole property of matchFWD. You hereby assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. matchFWD shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback on any media, for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. User Content and Interactive Services or Areas

The Site includes interactive areas or services ("Interactive Areas") in which you or other users create, post or store job postings, descriptions, messages, comments, materials, data, information, text, music, sound, photos, video, graphics, applications, code, materials or other items or content on the Site ("User Content"). You are solely responsible for the User Content you post and for your use of any Interactive Areas, and you use such Interactive Areas at your own risk. By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

• User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law, including, without limitation, any laws applicable to job postings and referrals and to employment or employment referral services;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Personal information of any third party that is sensitive, including, without limitation, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; or
• User Content that, in the sole judgment of matchFWD, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose matchFWD or its users to any harm or liability of any type.

In addition, you agree not to:

• Use the Site in any unlawful manner or in a manner that violates the rights of others, the Terms of Use or any local, provincial, state, national or international law or regulation;
• Use the Site in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Site or interfere with or attempt to interfere with any other user's use of the Site;
• Harvest or collect email addresses or other contact information of other users from the Site by electronic or other means, use the Site to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications or use the Site for any reasons unrelated to the purpose of the Site;
• Impersonate any person or entity or misrepresent your age, identify or affiliation with a person or entity;
• Solicit passwords or personally identifying information for commercial or unlawful purposes;
• Attempt to access any service or area of the Site (including, without limitation, any Interactive Areas) that you are not authorized to access;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• In addition, if you are an employer:
• Post any job openings that are not legal, current or accurate or that you do not intend to fill within 60 days of the posting date;
• Circumvent or attempt to circumvent matchFWD by contacting candidates that you have identified via the Site other than through the Site;

In addition, if you are a candidate:

• Post any information about yourself that is not current or accurate;
• Circumvent or attempt to circumvent matchFWD by contacting employers that you have identified via the Site other than through the Site;

In addition, if you wish to participate in a referral process:

• Recommend individuals you know would not be suitable for the positions posted by employers you connect them with; or
• Encourage or enable any other individual to do any of the foregoing.

No Liability for User Content. matchFWD takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is matchFWD liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. matchFWD is also not responsible for the conduct of other users or third parties you may encounter in connection with the matchFWD Service or the job openings listed through the matchFWD Service. Your use of Interactive Areas is at your own risk. Enforcement of User Content. Enforcement of User Content or conduct rules set forth in these Terms of Use is solely at matchFWD's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, matchFWD is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although matchFWD has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, matchFWD reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. License Grant. If you post User Content to the Site, unless we indicate otherwise, you grant matchFWD a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, transfer, publicly perform and display, and otherwise exploit such User Content, including job postings, throughout the world in any manner or media. You grant matchFWD and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post and reproduce such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights (including, without limitation intellectual property rights) of or cause injury to any person or entity.

10. Service Interruptions

Interruptions. You acknowledge that: (i) your access to and use of the Site and/or the provision of the matchFWD Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Site and/or the Service for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Site and/or the Service at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Site and/or the Service; (b) in the event of a denial of service attack or other attack on the Site or other event that we determine, in our sole discretion, that a risk to the Service, to you or to any of our other users may be created if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Interruptions”). No Liability. matchFWD shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption. Notice of Interruption. To the extent we are able, we will endeavour to post updates on the Site, and through other means (e.g. Twitter or our blog) regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.

11. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY matchFWD, THE SITE, THE JOB POSTINGS AND OTHER SITE MATERIALS CONTAINED THEREIN AND THE matchFWD SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. matchFWD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. matchFWD DOES NOT REPRESENT OR WARRANT THAT THE matchFWD SERVICE OR THE JOB POSTINGS, CANDIDATE S INFORMATION, OR OTHER SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERRACTIONS (I) WITH OTHER USERS OF THE SITE AND THE SERVICE AND (II) WITH OTHER PERSON WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOU USE OF THE SITE OR SERVICE. matchFWD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO JOB DESCRIPTIONS. WHILE matchFWD ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE matchFWD SERVICE SAFE, matchFWD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. WITHOUT PRIOR NOTICE, matchFWD MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE, ANY SITE MATERIALS AND/OR THE SERVICE OR YOUR ACCESS OR USE OF THE SITE AND/OR THE SERVICE, WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

12. Limitation of Liability

IN NO EVENT SHALL matchFWD, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY JOBS, JOB POSTINGS, JOB CANDIDATES OR THE USE OF OR INABILITY TO USE THE SITE, THE matchFWD SERVICE, THE CONTENT OR THE SITE MATERIALS OR THE USER CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO matchFWD'S RECORDS, PROGRAMS OR SERVICES. Notwithstanding anything to the contrary in these Terms of Use, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF matchFWD FOR ANY CLAIMS IN CONNECTION WITH THESE TERMS OR USE, YOUR USE OF OR INABILITY TO USE THE SITE, THE matchFWD SERVICE, THE CONTENT OR THE SITE MATERIALS OR THE USER CONTENT EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO matchFWD FOR ACCESS TO OR USE OF THE SITE AND THE PROVISION OF THE SERVICE AND (II) CAD$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify and hold harmless matchFWD, its independent contractors, service providers and consultants, and their respective shareholders, officers directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims, suits (actual or threatened), damages, losses, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) suffered, incurred or sustained by any of the Indemnified Parties or to which any of the Indemnified Parties become subject at any time, arising out of or related to (i) any job openings, referrals or other User Content you post, store or otherwise transmit on or through the Site, (ii) your conduct or your use of the Interactive Areas or (iii) your violation of these Terms of Use or your violation of the rights of any third party.

14. Applicable Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, excluding any rules of private international law or conflict of laws which would lead to the application of any other laws. Regardless of where you access or use the Site or the matchFWD Service, you agree that any action at law or in equity arising out of or relating to the Terms of Use shall be filed and adjudicated only in the federal or provincial courts located in the Province of Québec (district of Montreal), Canada, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms of Use.

15. Termination; Cancellation of Your Account

Termination. matchFWD may terminate your account immediately (i) in the event of breach or violation of the Terms of Use by you or (ii) as set forth in the section 12 “Disclaimer” above). Surviving Obligations. All provisions of the Terms of Use which by their nature should survive the termination of an agreement shall survive the termination of the Terms of Use, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and indemnification. Termination of your access to and use of the Site and the Service shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to matchFWD, including without limitation any indemnification obligations contained herein.

16. General

Independent Contractors. It is expressly understood that in any actions you take in connection with the Site or the matchFWD Service are provided solely as an independent contractor and not as an employee, partner, co-venturer, or agent, and nothing herein shall be construed as creating a partnership, joint venture , agency or employment relationship between you and matchFWD. Severability. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Language. The parties hereto acknowledge having expressly required that the Terms of Use and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique relative à la protection des renseignements personnels soient rédigées en anglais.

17. Questions & Contact Information

Questions or comments about the Site may be directed to matchFWD at the email address info@matchFWD.com.