Effective as of July 15th, 2011
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
4. Intellectual Property
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.
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 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.
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.
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
14. Applicable Law and Venue
15. Termination; Cancellation of Your Account
17. Questions & Contact Information
Questions or comments about the Site may be directed to matchFWD at the email address info@matchFWD.com.