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1. Acceptance of Terms
Welcome to S.i. Systems Ltd. and sisystems.com. S.i. Systems Ltd. provides
its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at www.sisystems.com
2. Description of Service
S.i. Systems Ltd. currently provides users with access to a rich collection
of on-line services and resources including:
- provides employers of contract IT professionals with a blind query
our database for contract IT professionals with specified skills.
All résumé requests will be directed to the account manager, although
this is never shared with the job applicants. All names are coded
to protect the identity of the consultants in the database.
- allows jobseekers to respond to posted opportunities.
- enables registered members of the S.i. Network to post their résumé.
- enables registered members of the S.i. Network to update their skills
sets and preferences at any time. All changes are verified with
the account manager prior to ant contract placement.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new S.i. Systems
Ltd. properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that S.i. Systems Ltd.
assumes no responsibility for the timeliness, accuracy, deletion, mis-delivery
or failure of content in S.i. Systems Ltd.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must
provide all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device.
3. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current, and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current, and complete (c) to provide true,
accurate, information in posting requirements and classified ads, or responding
to requirements or classified ads. If you provide any information that
is untrue, inaccurate, not current or incomplete, or S.i. Systems Ltd.
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, S.i. Systems Ltd. has the right to suspend
or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
When you register for a S.i. Systems service, you are certifying that
you are at least 18 years of age. If you are not 18 years of age
you must not use sisystems.com, or sisystems.cc. Responsibility
for ensuring that users are 18 year of age or more lies with the user,
and is not the responsibility of S.i. SYSTEMS, sisystems.com, or
sisystems.cc. By accepting these TOS you are verifying that you
are 18 years of age or more.
4. S.i. Systems Ltd. Privacy Policy
Registration Data and certain other information about you are subject
to our Privacy Policy. For more information, please see our complete privacy
policy.
5. Member Account, Password, and Security
Your login, e-mail address, and password are provided upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify S.i. Systems Ltd. of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. S.i. SYSTEMS cannot and
will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. Member Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not S.i. Systems Ltd., are
entirely responsible for all Content that you upload, post, email
or otherwise transmit via the Service. S.i. Systems Ltd. does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will S.i. System be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the
use of any Content posted, e-mailed or otherwise transmitted via
the Service.
You agree to not use the Service to:
| a. |
upload, post, e-mail or otherwise transmit
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity, including,
but not limited to, a S.i. Systems official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation
with a person or entity; |
| d. |
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service; |
| e. |
upload, post, e-mail or otherwise transmit
any Content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements); |
| f. |
upload, post, e-mail or otherwise transmit
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party; |
| g. |
upload, post, e-mail or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except
in those areas (such as classified ads) that are designated for such
purpose; |
| h. |
upload, post, e-mail or otherwise transmit
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; |
| i. |
disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges; |
| j. |
interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service; |
| k. |
intentionally or unintentionally violate
any applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange, the Canadian Ventures Exchange, the Toronto
Stock Exchange, or the NASDAQ, and any regulations having the force
of law; |
| l. |
"stalk" or otherwise harass
another; or |
| m. |
collect or store personal data about
other users. |
| You acknowledge that S.i. Systems Ltd.
does not pre-screen Content, but that S.i. Systems Ltd. and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without
limiting the foregoing, S.i. Systems Ltd. and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created
by S.i. Systems Ltd. or submitted to S.i. Systems Ltd., including
without limitation information in all other parts of the Service.
You acknowledge and agree that S.i. Systems Ltd. may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of S.i.
Systems Ltd., its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from Canada or the country
in which you reside.
8. Public Content Posted to S.i. Systems Ltd.
- For purposes of the TOS, "publicly accessible areas of
the Service" are those accessible by the general public.
- With respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant S.i. SYSTEMS
the royalty-free, perpetual, irrevocable, non-exclusive and fully
sub licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed.
9. Indemnity
You agree to indemnify and hold S.i. Systems Ltd., and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
11. General Practices Regarding Use and Storage
You acknowledge that S.i. Systems Ltd. may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that e-mail messages, job postings, classified
ads, or other uploaded Content will be retained by the Service,
the maximum number of e-mail messages that may be sent from or received
by an account on the Service, the maximum size of any e-mail message
that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on S.i. Systems Ltd.
servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given
period of time. You agree that S.i. Systems Ltd. has no responsibility
or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted
by the Service. You acknowledge that S.i. Systems Ltd. reserves
the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that S.i. Systems Ltd. reserves
the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
12. Modifications to Service
S.i. Systems Ltd. reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree
that S.i. Systems Ltd. shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the
Service.
13. Termination
You agree that S.i. Systems Ltd., in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if S.i. Systems
Ltd. believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. S.i. Systems Ltd. may also in its
sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of
this TOS may be effected without prior notice, and acknowledge and
agree that S.i. Systems Ltd. may immediately deactivate or delete
your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further,
you agree that S.i. Systems Ltd. shall not be liable to you or any
third-party for any termination of your access to the Service.
14. Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that S.i. Systems Ltd. shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
15. Links
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because S.i. Systems Ltd.
has no control over such sites and resources, you acknowledge and
agree that S.i. Systems Ltd. is not responsible for the availability
of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that S.i. Systems Ltd. shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. S.i. Systems Ltd. Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by S.i. Systems
Ltd. or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
S.i. Systems Ltd. grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided
by S.i. Systems Ltd. for use in accessing the Service.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
|
| a. |
YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. S.i. Systems Ltd. EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| b. |
S.i. Systems Ltd. MAKES
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM S.i. Systems Ltd. OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. |
|
| 18.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT S.i. Systems Ltd. SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF S.i. Systems Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
19. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
20. Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, please
read the above Sections 17 and 18 again. They go doubly for you.
In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. S.i. Systems
Ltd. shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
21. Notices
Notices to you may be made via e-mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
22. Trademark Information
S.i. Systems Ltd. and sisystems.com are registered trademarks of
S.i. Systems Ltd. Without S.i.Systems Ltd. prior permission,
you agree not to display or use in any manner, the S.i. Systems
Ltd. name.
23. General Information
The TOS constitute the entire agreement between you and S.i. Systems
Ltd. and govern your use of the Service, superseding any prior agreements
between you and S.i. Systems Ltd. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and
the relationship between you and S.i. Systems Ltd. shall be governed
by the laws of the Province of Alberta without regard to its conflict
of law provisions. You and S.i. Systems Ltd. agree to submit to
the personal and exclusive jurisdiction of the courts located within
the Calgary, Alberta. The failure of S.i. Systems Ltd. to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
24. Violations
Please report any violations of the TOS to info@sisystems.com
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