The website at itconnex.ca (the “Site”) is offered to the public by IT Connex Inc. (“IT Connex”, “we” or “us”) to provide convenient access to information about IT Connex and about the recruitment and placement services that we provide to potential candidates, independent contractors, potential employees and to the third party employers that may retain those contractors and employees.
2. Intellectual Property Rights
4. Third Party Web Sites
5. “As Is” Use of the Site
Use of the Site is permitted on an “as is” and “as available” basis. We do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Site, any information contained therein, any products or services provided by us, and we shall not be liable for any cost or damage arising either directly or indirectly from any such communication or transaction.
As a User of the Site, you may print and download portions of it solely for reference and for your own personal and non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices. You shall not copy, reproduce, republish, upload, post, transmit, modify or distribute, in any manner, any of the contents of the Site, including any text, photographs, illustrations, graphics, code and/or software. You are prohibited from reverse engineering, decompiling, disassembling the Site or any of its contents, and from violating, plagiarizing or infringing on the rights of IT Connex or any Third Party, including copyright, trademark, privacy, contractual or other personal or proprietary rights.
You agree not to engage in any conduct relating to the Site which IT Connex, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Site, or our computer or communications systems.
You assume total responsibility and risk for your use of the Site and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information, opinions, advice, services, or merchandise provided through the Internet. We do not warrant that your use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
Your access to the Site on the Internet is provided by an independent Internet service provider, and we have no responsibility or liability for your use of the Internet. We cannot and do not guarantee or warrant that any files that may be available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You or your third party Internet service provider are responsible for implementing sufficient information technology protection procedures to satisfy your particular requirements for accuracy of data input and output, and for reconstructing any lost data.
6. Limitation of Liability
In no event will IT Connex be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site, or downloaded from the Site, or any delay of such information, even if we or our authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies on the Site, or information downloaded from the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. However, our liability is limited to the greatest extent permitted by applicable law.
You agree to indemnify, defend and hold harmless IT Connex, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, licensors, licensees, service providers, suppliers, and any service providers (“Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from your breach of these Terms or your violation of any law or the rights of such Indemnified Parties. IT Connex reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by IT Connex. The provisions under As Is Use of the Site and Indemnification are for the benefit of IT Connex, as well and the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Term and Termination
These Terms may be terminated by IT Connex or by you without notice at any time for any reason. We may terminate or suspend your access to all or part of the Site, and your access to any products or services, as a result of our determination that you have breached these Terms. As necessary by implication, certain provisions relating to Privacy, Intellectual Property, “As Is” Use of the Site, Indemnification and Miscellaneous survive termination of these Terms.
These Terms constitute the entire agreement between you and IT Connex in connection with your use of the Site. If you choose to access the Site, you do so at your own risk and you are solely responsible for compliance with applicable laws. A User’s use of this Site is not intended and shall not be deemed to create any legal relationship between that User and IT Connex.
We may assign our rights and duties under these Terms to any successor or to any other party at any time without notice to you.
These Terms, your use of the Site, and any disputes that may arise in connection with the Site shall all be governed by the laws of the province of Ontario and by applicable federal law. Any disputes shall be resolved in provincial courts located in Toronto, Ontario. You agree not to bring any legal action against IT Connex in any jurisdiction but the Province of Ontario and you shall submit and consent to such jurisdiction.
If any provision of these Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.