Web Site Terms and Conditions of Use
This page states the "Terms and Conditions" under which you may use
Goatoronto.com. Please read this page carefully. If you do not accept
the Terms and Conditions stated here, do not use this web site and
service. By using this web site, you are indicating your acceptance to
be bound by the terms of these Terms and Conditions. The Goan Overseas
Association (the "Association")
may revise these Terms and Conditions at any time by updating this
posting. You should visit this page periodically to review the Terms
and Conditions, because they are binding on you. The terms "You" and
"User" as used herein refer to all individuals and/or entities
accessing this web site for any reason.
Use of Material.
The Association authorizes you to view and download the material on
Goatoronto.com (the "Web Site") solely for your personal, noncommercial
use. The contents of this Web Site, such as text, graphics, images, logos,
button icons, software and other "Material", is the property of the
Association or its content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all content on
this Web Site is the exclusive property of the Association and
protected by Canadian and international copyright laws. Unauthorized
use of the Material may violate copyright, trademark, and other laws.
You must retain all copyright, trademark, service-mark and other
proprietary notices contained in the original Material on any copy you
make of the Material. You shall not copy or adapt the HTML code that the Association creates
to generate its pages. It is also protected by the Association’s
copyright.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any
applicable law or regulation, (b) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal
rights of others, or (c) that is defamatory, obscene, threatening,
abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or
attempting to violate the security of the Web Site, including, without
limitation, (a) accessing data not intended for such user or logging
into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting
a virus to the Web Site, overloading, "flooding", "spamming",
"mailbombing" or "crashing", (d) sending unsolicited e-mail, including
promotions and/or advertising of products or services, or (e) forging
any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. The Association will
investigate occurrences which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals
seeking employment and career information and employers seeking
employees. The Association specifically prohibits any use of the Web
Site, and all users agree not to use the Web Site, for any of the
following:
a) posting any incomplete, false or inaccurate biographical information
or information which is not your own accurate resume (living individual
seeking employment on a full-time or part-time basis on his or her own
behalf).
b) posting any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other
business opportunity which requires an up front or periodic payment,
pays commissions only (no significant salary), requires recruitment of
other members, sub-distributors or sub-agents.
c) deleting or revising any material posted by any other person or
entity. d) using any device, software or routine to interfere or
attempt to interfere with the proper working of this Web Site or any
activity being conducted on this site. e) taking any action which
imposes an unreasonable or disproportionately large load on this Web
Site’s infrastructure. f) if you have a password allowing access to a
non-public area of this Web Site, disclosing to or sharing your
password with any third parties or using your password for any
unauthorized purpose. g) notwithstanding anything to the contrary
contained herein, using or attempting to use any engine, software,
tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to navigate
or search this Web Site other than the search engine and search agents
available from the Association on this Web Site and other than
generally available third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer). h) attempting to decipher, decompile, disassemble
or reverse engineer any of the software comprising or in any way making
up a part of the Web Site. I) aggregating, copying or duplicating in
any manner any of the materials or information available from the Web
Site. j) framing of or linking to any of the materials or information
available from the Web Site. User Information. When you register for
the Web Site, you will be asked to provide the Association with certain
information including, without limitation, a valid email address (your
"Information"). In addition to the terms and conditions that may be set
forth in any privacy policy on this Web Site, you understand and agree
that the Association may disclose to third parties, on an anonymous
basis, certain aggregate information contained in your registration
application. The
Association will not disclose to any third party your name, address,
e-mail address or telephone number without your prior consent, except
to the extent necessary or appropriate to comply with applicable laws
or in legal proceedings where such information is relevant. The
Association reserves the right to offer third party services and
products to you based on the preferences that you identify in your
registration and at any time thereafter; such offers may be made by the
Association or by third parties.Please see the Association’s Privacy Policy for further details regarding your Information.
User Submissions. As a user, you are responsible for your own
communications and are responsible for the consequences of their
posting. You must not, and by using this Web Site you agree not to, do
the following things: a) post material that is copyrighted, unless you
are the copyright owner or have the permission of the copyright owner
to post it; b) post material that reveals trade secrets, unless you own
them or have the permission of the owner; c) post material that
infringes on any other intellectual property rights of others or on the
privacy or publicity rights of others; d) post material that is
obscene, defamatory, threatening, harassing, abusive, hateful, or
embarrassing to another user or any other person or entity; e) post a
sexually-explicit image or statement; f) post advertisements or
solicitations of business, g) post chain letters or pyramid schemes; h)
impersonate another person; or I) post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information. The Association does not represent or
guarantee the truthfulness, accuracy, or reliability of communications
posted by users or endorse any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be
at your own risk. The Association acts as a passive conduit for the
online distribution and publication of user-submitted information and
has no obligation to screen communications or information in advance
and is not responsible for screening or monitoring material posted by
users. If notified by a user of communications which allegedly do not
conform to these Terms and Conditions, the Association may investigate
the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. The
Association has no liability or responsibility to users for performance
or nonperformance of such activities. The Association reserves the
right to expel users and prevent their further access to the Web Site
for violating the Terms and Conditions or the law and the right to
remove communications which are abusive, illegal, or disruptive. The
Association may take any action with respect to user-submitted
information that it deems necessary or appropriate in its sole
discretion if it believes it may create liability for the Association
or may cause the Association to lose (in whole or in part) the services
of its ISPs or other suppliers. By submitting content to any public or
non-public area of the Web Site, including message boards, forums,
contests and chat rooms, you grant the Association and its affiliates
the royalty-free, perpetual, irrevocable, sublicenseable (through
multiple tiers), non-exclusive right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform
and display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed, for the full term of any rights that may
exist in such content. You also warrant that the holder of any rights,
including moral rights in such content, has completely and effectively
waived all such rights and validly and irrevocably granted to you the
right to grant the license stated above. You also permit any User to
access, display, view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content placed on the
Web Site retains any and all rights that may exist in such content.
Registration and Password. You are responsible for maintaining the
confidentiality of your information and password. You shall be
responsible for all uses of your registration, whether or not
authorized by you. You agree to immediately notify the Association of
any unauthorized use
of your registration or password. The Association's Liability.
Goatoronto.com is only a venue. This Web Site acts as a venue for
employers to post job opportunities and candidates to post resumes and
does not screen or censor the listings offered. The Association is not
involved in the actual transaction between employers and candidates. As
a result, the Association 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. In
addition, note that there are risks, including but not limited to the
risk of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. You assume all
risks associated with dealing with other users with whom you come in
contact through the Web Site. Because user authentication on the
Internet is difficult, Goatoronto.com cannot and does not confirm that
each user is who they claim to be. Because we do not and cannot be
involved in user-to-user dealings or control the behavior of
participants on Goatoronto.com, in the event that you have a dispute
with one or more users, you release the Association (and our agents and
employees) from claims, demands and damages (contractual and
extra-contractual, actual and consequential, direct and indirect,
punitive) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. We are under no legal obligation to, and
generally do not, control the information provided by other users which
is made available through the Web Site. By its very nature, other
people’s information may be offensive, harmful or inaccurate, and in
some cases will be mislabeled or deceptively labeled. We expect that
you will use caution and common sense when using this Web Site. The
Material may contain inaccuracies or typographical errors. The
Association makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material. The use of
the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time. You
acknowledge and agree that you are solely responsible for the form,
content and accuracy of any resume or material contained therein placed
by you on the Web Site. Employers are solely responsible for their
postings on the Web Site. The Association is not to be considered to be
an employer with respect to your use of the Web Site and the
Association shall not be responsible for any employment decisions, for
whatever reason made, made by any entity posting jobs on the Web Site.
No Warranties THE ASSOCIATION DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB
SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE ASSOCIATION IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE ASSOCIATION, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ASSOCIATION MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages. IN NO EVENT SHALL THE ASSOCIATION,
ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE
FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL
INJURY (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE ASSOCIATION IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Links to Other Sites. The Web Site
contains links to third party web sites. These links are provided
solely as a convenience to you and not as an endorsement by the
Association of the contents on such third-party Web sites. The
Association is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or
accuracy of materials on such third party Web sites. If you decide to
access linked third party Web sites, you do so at your own risk.
Limitation of Liability. The aggregate liability for the Association to
you for all claims arising from the use of the Materials is limited to
$100. Termination. The Association reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but not
limited to deletion of your postings from this Web Site and immediate
termination of your registration with or ability to access the Web Site
and/or any other service provided to you by the Association, upon any
breach by you of these Terms and Conditions or if the Association is
unable to verify or authenticate any information you submit to the Web
Site registration with or ability to access the Web Site. Indemnity.
You agree to defend, indemnify, and hold harmless the Association, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees (judicial and extra-judicial), alleging or resulting
from your use of the Material or your breach of the terms of these
Terms and Conditions. The Association shall provide notice to you
promptly of any such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit or proceeding.
General. The Association makes no claims that the Materials may be
lawfully viewed or downloaded outside of Canada. Access to the
Materials may not be legal by certain persons or in certain countries.
If you access the Web Site from outside of Canada, you do so at your
own risk and are responsible for compliance with the laws of your
jurisdiction. These Terms and conditions are governed by the internal
substantive laws of the Province of Quebec, Canada, without respect to
its conflict of laws principles. Jurisdiction for any claims arising
under this agreement shall lie exclusively with the courts having
jurisdiction within the judicial district of the Greater Toronto Area,
Province of Ontario. If any provision of these Terms and Conditions are
found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions, which shall remain
in full force and effect. No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing waiver of such term
or any other term. Except as expressly provided in additional terms of
use for areas of the Web Site a particular "Legal Notice," or Software
License or material on particular Web pages, these Terms and Conditions
constitute the entire agreement between you and the Association with
respect to the use of Web Site. No changes to these Terms and
Conditions shall be made except by a revised posting on this page.
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