1. ACCEPTANCE OF TERMS

    Welcome to CareerBeacon.com. The following terms of service (the "Terms of Service") govern your access and use of CareerBeacon™, CareerBeacon.com, and MyBeacon (collectively, including the services or features offered by any of the foregoing, "CareerBeacon"). CareerBeacon is provided by Brunswick News Inc. (“Company”).

    Users who are Employers (defined below) can log in to our website located at careerbeacon.com (the "Website") to use our applicant tracking tools as well as tools to customize their recruitment requirements and skills recommendation engine to make searching for and selecting the right candidate easier. Users who are Job Seekers (defined below) can apply to jobs posted with our application platform and save their applications for future use. These services provided to Employers and Job Seekers through the platform shall be referred to as the “Services”.

    These Terms of Service (“Terms”) and the privacy policy https://www.careerbeacon.com/en/privacy-policy (“Privacy Policy”) (collectively, the “Agreement”) govern your use of the Website and Services so please read these terms carefully.

    If you are using the Website or Services, or otherwise entering into this Agreement, on behalf of a company or other legal entity (including your employer), you represent that you have the authority to bind the entity, and in such case the use of the word “you” in this Agreement will also include the entity. In the Agreement, the word “including” and its derivatives means “including without limitation”.

    By using the Website or Services or by otherwise indicating your acceptance of the Terms or the Agreement, you accept and agree to be bound by and comply with this Agreement, including the Privacy Policy. If you do not accept this Agreement (including if you do not accept either the Terms or the Privacy Policy), then do not use this Website or any of its content or the Services.

  2. PROVISIONS SPECIFIC TO USERS THAT ARE EMPLOYERS

    The provisions of this Section II of the Terms are specific to users that use the Services as employers, which includes direct employers, staffing agencies, and other companies using the Services (collectively, “Employers”).

    How the Services Work. In consideration for the payment of the Fees, BNI shall provide the Employer with the services as described on the Website that Employer has subscribed to, which allow the Employer to browse, screen, track and collaboratively manage its hiring process. These Services typically include the following key features:

    1. the ability add accounts for "Collaborators” (meaning the Employer’s employees and nominated representatives on their hiring team) by nominating such individuals to create individual user accounts which permit them to access the Services on behalf of the Employer;
    2. the ability to create "Job Listings", meaning descriptions of an employment or contractor role or position that the Employer is seeking to fill (note the ability of the Employer to do this may be limited to a set number of Job Listings in accordance with the corresponding Fees subscription selected by the Employer, as described on the Website);
    3. the ability to upload "Employer Information", meaning information about the Employer organization or any Job Listing;
    4. the ability to publish and export Job Listings to various job boards and social media services where they can be displayed to potential "Candidates", meaning persons seeking employment on a contract or permanent basis;
    5. access to view the "Profile" of a Candidate who applies for an Job Listing with the Employer, which means the information submitted by a Candidate through the Services which may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history; and
    6. a comparison tool to compare Candidates for a specific Job Listing, and the facilitation and management of communications between the Employer and its Collaborators, and any Candidate, with respect to an Job Listing.

    Fees and Cancellations. The fees to access the Website and Services are as set out on the Website ("Fees"). Upon purchase of any subscription to the Services, you agree to pay the Fees presented to you at the time of your subscription order. Your subscription will become effective upon your receipt of a confirmation email for your subscription order.

    Unless stated otherwise on the Website or agreed by BNI in writing, the Fees shall be payable by the Employer monthly in advance, in the manner set out on the Website. Fees are non-refundable.

    All Fees are exclusive of sales tax, VAT and all other taxes or duties (“Taxes”), and all taxes are payable by you in addition to the Fees listed on the Website. The Fees are not refundable in any circumstances.

    The Fees may be increased by BNI upon not less than thirty (30) days’ prior written notice to the Employer, which notice may be provided through the Website.

    BNI may require that Employers provide valid credit card information to use the Services in order for BNI to process the applicable Fees.

    Third-Party Fees. BNI may offer Employers the option to purchase additional products and services that are supplied by third parties as set out on the Website. Use of such products by the Employer shall be governed by the relevant third party’s terms and conditions. The Employers shall comply with such third party’s terms and conditions for any such use.

    No Endorsement or Verification. In no event shall BNI be liable for any misrepresentations or actions of other users. It is the Employer's sole responsibility to verify whether the qualifications and expertise of any particular Job Seeker are accurate, including through asking questions or requesting certifications directly from the Job Seeker. BNI only facilitates the engagement of Employers with Job Seekers. We do not endorse any of the Job Seekers using the Website, and we do not and cannot verify the factual content of any Job Seeker's resume or other information provided by Job Seekers nor do we carry out any background checks or pre-vetting of anyone who joins the Service, including Job Seekers. You therefore acknowledge and agree that if you elect to engage with any Job Seeker, such dealings are solely between you and the Job Seeker and BNI shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

    Job Seeker Information. You agree to keep all information, including any Personal Information, pertaining to a Job Seeker that you receive through the use of the Website or Services (including in a Job Application or resume) confidential and to use any such information only internally and only for the purpose of assessing the Job Seeker for a Job Listing. Without limiting your obligations under this section, you agree that you will be solely responsible for obtaining any necessary consents for any other use of Personal Information, or for any collection or disclosure of any Personal Information, and you agree that, at all times, you will only use Personal Information in compliance with all applicable laws, rules and regulations.

    Compliance with Laws. You hereby agree, in using the Website or Services, to comply with all applicable laws, rules and regulations, including complying with all applicable privacy laws and labour and employment laws when using the Website to recruit and engage the services of Job Seekers as well as during such Job Seeker’s employment with you (if any).

  3. PROVISIONS SPECIFIC TO USERS THAT ARE JOB SEEKERS, PROSPECTIVE EMPLOYEES, OR EMPLOYEES

    The provisions of this Section of the Agreement are specific to users that use the Services as job seekers, prospective employees or employees (collectively, “Job Seekers”).

    Applying for a job. As a Job Seeker, you can use the Services to (i) apply for Job Listings that are listed by an Employer by submitting a job application through the platform (“Job Application”), or (ii) upload your resume to the Resume Database (as defined below). You may have the ability to choose how to submit your Job Application through the Services using the options offered through the Service.

    Please note that once you have submitted a Job Application your resume and other Personal Information provided in your Job Application will be shared with the Employer that posted the Job Listing. You should therefore ensure that the information you provide is complete and accurate, and only contains information you are comfortable sharing with Employers.

    If you submit a resume, you acknowledge that we may convert the resume into another format that enables searchable text for an Employer. The Employer will also be able to see your resume in the form in which you originally submitted it to BNI.

    Resume database. In addition to submitting Job Applications through the Service, Job Seekers can elect to include their resumes as part of the Service's resume database (the "Resume Database"). If you elect to do this, Employers who have access to the Resume Database will be able to access and view your resume and the contact information you provide on your resume. For purposes of this Agreement, references to "resume" shall also mean, a curriculum vitae and other similar written overviews of a person's experience and other qualifications that are uploaded to the Resume Database.

    You can opt-out of including your resume in the Resume Database at any time by adjusting the settings in your Job Seeker account and we will remove your resume from the Resume Database as soon as reasonably practicable. However, if an Employer has already accessed your resume through the Resume Database and copied or saved your resume, that Employer will continue to have access to your resume and all information you included in your resume as it was included in the Resume Database.

    Employer and Job Seeker Interaction. BNI provides a platform to connect Employers with Job Seekers. We do not create jobs and do not exercise control over any of the Employers who post jobs on the Website. We do not guarantee that you will obtain any position of employment, either as an employee or a contractor, as a result of your use of the Website or Services. Any agreement or contract, whether written, oral or otherwise, made between a Job Seeker and an Employer is between the Job Seeker and that Employer, and BNI is not a party to any such transaction.

    Job Seekers are solely responsible for your interactions with Employers that they contact, or that contact them. BNI reserves the right to take steps to verify Employers and Job Listings, BNI does not routinely monitor Job Listings and BNI is not responsible for determining or ensuring compliance with any local laws in connection with employment standards. We do not and cannot confirm that Employers or Job Seekers are who they claim to be, and assume no liability and expressly disclaim responsibility for the content, accuracy, completeness, legality, reliability of any Job Listing. We strongly encourage you to use common sense and good judgment before submitting an application for any Job Listing. For example, do not apply for any positions that require to you to pay to apply, pay for training or pay for training materials.

    Please note that there are risks, including the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your user profile or in a Job Application or resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other users of the Website or Service.

    Although BNI requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, BNI cannot and does not guarantee that the information, including Personal Information, provided to Employers through the Website or Services (including as part of a Job Application), onboarding process, employee or benefits management process, or via a resume, will be held in confidence or properly secured by each applicable Employer. In addition, BNI takes no responsibility and assumes no liability for any Job Listing, onboarding or other employee-related documents, human resources information, or insurance information that any Employer posts, sends or provides via the Service. You agree that BNI is not responsible or liable for the conduct of any Employer.

  4. GENERAL TERMS OF USE

    License to the Services. Subject to these Terms, including payment of all applicable Fees, BNI grants you a limited, personal, nontransferable, non-sub-licensable, internal license to use the Services during the agreed upon subscription term, if applicable, or otherwise for such period as BNI may in its discretion elect to make the Services available to you. This license to use is limited to your use of the Services only within, and as displayed by, the Website in your browser with no license to download or otherwise use the Service or any content or portions thereof outside of the Website. The right to use the Services is licensed, not sold. BNI may provide all or any parts of the Website or Services through the use of its service providers.

    Your Conduct. In using the Website and Services, You shall not:

    1. copy or distribute any part of the Website or Services (including any content) without our prior consent;
    2. alter or modify any part of the Website or Services;
    3. upload, post, email, transmit or otherwise make available on the Website or Services:
      1. any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, discriminatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, harmful, o racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, constitutes hate speech or is otherwise objectionable to other users or the public;
      2. any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
      3. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
      4. 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 or data or the Website or that of any users or viewers of the Website or that compromises a user's privacy;
    4. impersonate any person or entity or misrepresent their affiliation with a person or entity;
    5. interfere with or disrupt the Website or Services or networks connected to the Website,
    6. disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    7. collect, store, use, or disclose Personal Information about other Employers, Job Seekers or viewers except for information shared with you directly by Job Seekers, in particular you are not permitted to collect or harvest Personal Information from the Service, except as expressly permitted by the features of the Service;
    8. resell the content of the Website or Services or the use or access to the Website or Services ;
    9. use the Website or Services to post or promote any position that requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Website or Services to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting.

    User Conduct Guidelines: In using the Website and Services, you agree that you will:

    1. Provide true, complete and accurate information when registering and keep such information up to date;
    2. Keep your user login details and access to the Website and Services confidential and secure, including that you will not disclose them to any other person. Notwithstanding that you are prohibited from allowing others to use your account, you agree that you are responsible for all uses of your account or password (including all actions, communications and postings undertaken or transmitted) regardless of whether you authorized the use and we will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account or use. Please contact us immediately at if you suspect or become aware of any unauthorized use of your username or password or any other breach of security;
    3. Treat the other users of the Services with whom you interact with respect. You will not discriminate against any user on the basis of race, colour, ethnicity, citizenship, sexual orientation, family status, ancestry, marital status, place of origin, sex, creed, age, gender, disability or any other protected or analogous ground under applicable human rights legislation. You agree that you will not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties;
    4. Act honestly and in good faith and in a manner that will not harm the goodwill or reputation of BNI; and
    5. Comply with these Terms and all applicable laws, regulations and rules at all times, including privacy laws

    We reserve the right to terminate your access to the Website or Services and take appropriate legal action if you are in breach of these requirements.

    User Content License. By submitting, posting or displaying any content (“Content”) on or through the Website or Services, you grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license (with the right to sublicense, including to our third party licensors and service providers, including our platform and service provider Alongside Inc.) to use, copy, reproduce, aggregate with other information, process, adapt, modify, publish, transmit, display, communicate, distribute and create derivative works from, such Content in any and all media or distribution methods (now known or later developed) in order to provide the Website and Services, monitor and improve the Website and Services, and create new or provide other services. You also hereby waive, and agree to cause all authors to waive, in favour of BNI all moral rights (or other similar rights of authorship) in the Content and any publicity or similar rights. This license and waiver continue even if you stop using the Website or Service and survives any termination of the Agreement. You agree that this license includes the right for us to make such Content available to other companies, organizations or individuals who use the Website or Services, subject to our Privacy Policy in respect of any Personal Information.

    Such additional uses by BNI, or other companies, organizations or individuals who partner with BNI, may be made with no payment or other compensation to you in respect of the Content that you submit, post, transmit or otherwise make available through the Services. BNI will not be responsible or liable for any use of your Content by BNI in accordance with these Terms. You represent and warrant that you have all the rights, consents, power and authority necessary to grant the rights and licenses granted herein to, and waivers given herein in respect of, any Content that you submit (including that you have obtained all consents necessary for BNI and others to use, in accordance with the Privacy Policy, the Personal Information of any individual that you provide) and that the Content does not infringe, misappropriate or violate any privacy, publicity, intellectual property, or other rights of any third party.

    Registration. In creating an account on the Website, you must select a username and password to log in and out of your profile. Registration and account information that is “Personal Information” (which will have the meaning set out in the Privacy Policy) will be stored in accordance with our Privacy Policy https://www.careerbeacon.com/en/privacy-policy, which you should read carefully before providing any Personal Information through the Website or Service.

    Changes to the Service or Website & Suspension. We reserve the right to alter, suspend, or discontinue any aspect of the Website or the Services, in whole or in part, at any time and without notice or liability to you, and for any reason or no reason, including by: (a) adding, removing or modifying functionality or features; (b) adding, removing, modifying, correcting or refusing any Content on the Website or through the Services (including removing or refusing to post a Job Listing); (c) limiting, suspending or terminating your or any persons access or use of all or parts of the Website and Services; and (d) discontinuing all or any part of the Website and Services . The Website or Services may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. BNI may periodically add or update the information and materials on this Website without notice.

    Feedback: If You provide BNI with any suggestions, comments or other feedback ("Feedback") relating to the Website or Services, BNI or its licensors or service providers may use such Feedback in the Website, Services or in any other BNI products or services or products or services of its licensors or service providers (collectively, "BNI Offerings"). Accordingly, You agree that: (a) BNI, its licensors and service providers are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights and consents to disclose the Feedback to BNI, (c) BNI, its licensors and service providers (including all of their successors and assigns and any successors and assigns of any of the BNI Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any BNI Offerings, and (d) you are not entitled to receive any compensation or reimbursement of any kind from BNI, its licensors or service providers or any of the users of the Website or Services.

    Trials. If You register for a trial of the Services, then, subject to these Terms, BNI grants You a limited, personal, nontransferable, non-sub-licensable, internal license to use the Service for evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from your registration to use a trial of the Service until the earlier of (i) the end of the free trial period for which you registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by you. BNI may terminate the Trial Period for any free trial of the Service at any time in BNI’s sole discretion and may accept or decline any request for a free trial version of the Service in BNI’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.

    Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by BNI. BNI is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions, including applicable privacy policies, of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non- BNI websites does not imply that BNI endorses or accepts any responsibility for the content or use of such websites.

    Disclaimer. THE WEBSITE AND SERVICES, AND THE SERVICE, INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND THROUGH THE SERVICES, ARE PROVIDED "AS IS". SPECIFICALLY, BUT WITHOUT LIMITATION, BNI, ITS LICENSORS AND ITS SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICES ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE, THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    BNI, ITS LICENSORS AND ITS SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL OBTAIN ANY PARTICULAR RESULT FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING THAT YOU WILL FIND A POSITION OF EMPLOYMENT AS A JOB SEEKER OR THAT YOU WILL FIND SUITABLE EMPLOYEES IF YOU ARE AN EMPLOYER.

    ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. BNI, ITS LICENSORS AND ITS SERVICE PROVIDERS DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR IN RESPECT TO ANY WEBSITE OR SERVICES THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND BNI, ITS LICENSORS AND ITS SERVICE PROVIDERS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

    Limitation of Liability.

    1. UNDER NO CIRCUMSTANCES SHALL BNI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE “BNI PARTIES”) BE LIABLE FOR ANY DIRECT (SUBJECT TO SECTION (B)), INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE, SERVICES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR SERVICES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES OR THIS AGREEMENT. THE BNI PARTIES WILL NOT BE LIABLE, AND EXPRESSLY DISCLAIM LIABILITY, FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES OE WEBSITE, INCLUDING THE CONTENT OF ANY DISCUSSIONS, USER INTERACTIONS, NEGOTIATIONS, JOB OFFERS, JOB LISTINGS, RESUME CONTENT, OR ANY OTHER USER CONTENT OR THE ACTIONS OR OMISSIONS OF ANY EMPLOYER OR JOB SEEKER, OR THE UNSUITABILITY OF ANY JOB HUNTER FOR A JOB.
    2. IF YOU ARE AN EMPLOYER ACTIVELY ENROLLED IN A PAID SUBSCRIPTION FOR THE SERVICES, THEN THE BNI PARTIES’ LIABILITY WILL BE EXCLUDED IN ACCORDANCE WITH SECTION (A), EXCEPT THAT LIABILITY FOR DIRECT DAMAGES ACTUALLY INCURRED BY YOU AS A RESULT OF A BREACH OF THIS AGREEMENT BY BNI ARE NOT EXCLUDED; PROVIDED THAT IN NO EVENT WILL THE BNI PARTIES’ AGGREGATE LIABILITY, DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEE YOU PAID TO BNI FOR THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. FOR CERTAINTY, IF YOU ARE NOT AN EMPLOYER ACTIVELY ENROLLED IN A PAID SUBSCRIPTION FOR THE SERVICES, THEN SECTION (A) WILL CONTINUE TO APPLY IN FULL AND THE BNI PARTIES WILL HAVE NO LIABILITY TO YOU (AND IF THE FULL EXCLUSION OF SUCH LIABILITY IS PROHIBITED BY LAW, THE BNI PARTIES’ LIABILITY TO YOU WILL BE EXCLUDED AND LIMITED TO THE FULLEST EXTENT, AND TO THE LOWEST AMOUNT, NOT PROHIBITED BY LAW).
    3. THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL APPLY EVEN IF A BNI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE REASONABLY FORESEEABLE, AND WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT NOT PROHIBITED BY LAW.

    Release. Because BNI does not supervise or control interactions between Employers and Job Seekers, and because BNI cannot guarantee the true identity, age, nationality, or any other Personal Information, of Job Seekers or Employers, and because BNI cannot control Personal Information that is being collected, used, or disclosed by Employers outside the Services, and because BNI has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website,  You agree that You bear all risk and You agree to release BNI (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, licensors, service providers, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website or Services, your provision of Personal Information, and your interactions and transactions with Job Seekers or Employers. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

    Indemnity. You agree to defend, indemnify, and hold harmless the BNI Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees and disbursements) arising out of or relating to your breach of this Agreement, your use of the Website and Services, Content you provide, or your interaction or relationship with an Employer or Job Seeker.

    Termination. If you are not an Employer actively enrolled in a paid subscription for the Services, BNI may, without prior notice, immediately terminate this Agreement or your ability to access the Website or Services or portions thereof, at any time. If you are an Employer actively enrolled in a paid subscription for the Services, BNI may (without limiting BNI’s rights under the section above with the heading “Changes to the Service or Website & Suspension”), without prior notice, immediately terminate this Agreement or your ability to access the Website, Services or portions thereof, for any of the following reasons: (a) breaches or violations of these Terms (including non-payment of any fees owed in connection with the Website, Services or otherwise owed by an Employer to Job Seekers), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Website or Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by BNI in its sole discretion and that BNI shall not be liable to you or any third-party for any termination of the Agreement or your access to this Website or Services or for the removal of any of the Content uploaded by you to the Website or Services (for any reason). Any termination by BNI shall be in addition to any and all other rights and remedies that BNI may have. Upon termination for any reason or no reason, you continue to be bound by your obligations and the restrictions and limitations under this Agreement and the disclaimers and exclusions and limitations on liability shall continue to apply.

    Security. Security is important to us. BNI takes steps to protect its Services and the Content transmitted through the Services. However BNI cannot and does not make any representation or warranty concerning security of any communication to or from the Website or Services or any representation or warranty regarding the interception by third parties of Personal Information or other information.

    Enforcement of Terms. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of BNI to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver of any right or provision by BNI must be in writing and shall only apply to the specific instance identified in such writing. No waiver by BNI of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision. To the maximum extent permissible under applicable law, you agree that any cause of action or complaint that you may have arising out of or related to this Website or the Services or your use of this Website or Services must commence within one (1) year after the cause of action or complaint accrues, otherwise such cause of action or complaint shall be permanently barred.

    Copyright and Trademark Information. This Website, the Services and the information and materials that it contains, are the property of BNI and its licensors and service providers, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All BNI product names and logos are trademarks or registered trademarks of BNI or its licensors or service providers. Nothing contained on this Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website, the Services or any materials displayed on this Website or the Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of BNI. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Services.

    Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BNI without restriction.

    Updates. This Agreement may be amended or updated by BNI from time to time. BNI will post any amendments or updates to this Agreement on the Website, and the amended and updated version will be effective when it is posted. Accordingly, the Agreement may have changed since your last visit to this Website and it is your responsibility to review the Agreement for any changes. Your use of the Website or Services after any amendments or updates of the Agreement shall signify your assent to and acceptance of such revised Agreement. Any new features that may be added to the Website or Services from time to time will be subject to this Agreement, unless stated otherwise. You should visit this page periodically to review this Agreement.

    General. This Agreement, together with the Privacy Policy, constitutes the entire Agreement between the parties relating to the Website and Services and all related activities. This Agreement shall be governed in accordance with the laws of the Province of New Brunswick, and the Federal laws of Canada applicable therein, without regard to conflicts of laws provisions. In the event of any dispute between the parties, the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of New Brunswick.

    If you have any questions about this Agreement or the Website or Service, please contact us at: feedback@careerbeacon.com.