MILLENILINK TERMS AND CONDITIONS OF USE

Please read these terms and conditions of use (the “Terms”) carefully before using the Milleniink.com (the “Website”).  These Terms govern your access to and use of the Website, including the:

• messages, information, data, text, software, images and other content that make up the site (the “Content,” which content is part of the Website).

• the information that you submit to us through the Website or other electronic means such as email.

These Terms exempt MilleniLink Corporation (“MilleniLink,” “we,” or “us”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of the Website.

These Terms of Use are in addition to and not in substitution of the following agreements:

• Employers and clients: Where MilleniLink introduces you to a candidate for an engagement or for employment, or where MilleniLink agrees to provide you with services, the foregoing shall be subject to our standard terms or to a separate services agreement, as applicable.

• Candidates: Where MilleniLink wishes to engage you to provide services to MilleniLink or on behalf of MilleniLink, such services shall be subject to our independent contractor agreement.
  
  Your use of the Website is conditional on your acceptance of these Terms. By visiting or using the Website you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to the Website.

  Do not submit any information, including your resume or other information about you, to MilleniLink without first reading these Terms and the MilleniLink Privacy Statement. All personal information that MilleniLink collects, uses, or discloses, including in connection with the Website, is subject to our Privacy Statement available at www.millenilink.com/privacy-statement

  
  1. Terms of Use of Website

  If you do not agree to abide by these Terms, you cannot use the Website. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.

  (a)  Employers and Clients

  You undertake that you will treat all information about candidates that you receive from us (“Candidate Information”) as strictly confidential and you will not use the Website or any Candidate Information for any purpose other than in the course of your recruiting for specific employment opportunities or other human resource needs. You may not disclose any Candidate Information to any third party without the express consent of the individual to which the Candidate Information relates.

  (b)  Submission of Resumes and other information

  In order to facilitate the recruitment process on your behalf, you consent to the disclosure of your information (including your resume and other personal information) to MilleniLink clients. You acknowledge that your present employer may be granted access to your information or may be a MilleniLink client.

  MilleniLink will use reasonable endeavours to find a suitable appointment for you, but we do not guarantee that any employer or MilleniLink client will ask for your information or will interview or hire you. MilleniLink makes no representations or warranty as to the final terms and duration of any engagement or employment.

  You represent and warrant that all information you provide us is truthful, complete, and accurate. You must be 18 years of age or older and of at least the age of majority in the jurisdiction to submit any information to MilleniLink.

  (c)  Changes to these Terms

  We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time.  If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes.  Changes will be effective as of the date the changes to these Terms are posted to the Website.  It is your responsibility to check these Terms each time you access the Website to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms.  If any change to these Terms is not acceptable to you, you must discontinue your use of the Website immediately.  Your continued use of the Website after any such changes are posted will constitute acceptance of those changes.  These Terms apply exclusively to your use of the Website and do not alter the terms or conditions of any other agreement you may have with us.

  We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Website, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Website; (ii) removing, adding, modifying or otherwise changing any features of the Website; and (iii) removing, adding, modifying or otherwise changing any Content on the Website.  We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirm that we have no duty to do so.

  You must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you register with us.

  2. Limited Licenses

  Subject to these terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use the Website, including the Content therein accessible through the Website, solely as made available by us for your informational purposes and solely for your own personal use or your internal business use if you are an Organization (as defined below).  In these Terms, “Postings” refer to the text, images, audio, video, comments, or other information posted by you or other users through the Website.

  You may not, nor may you cause or assist another to:

  (a) modify, reverse engineer, decompile, create derivative works from, or disassemble the Website for any reason whatsoever, including for the purpose of creating competitive products or services;

  (b) resell any Content or include any Content in or with any product that you create or distribute;

  (c) copy any Content onto your own or any other web site or into a database or mobile application;

  (d) use the Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Website or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through the Website (including without limitation uploading, posting or otherwise transmitting on the Website any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of the Website);

  (e) use the Website in any manner that is unlawful (including by accessing the Website from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, obscene, sexually explicit, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.

  (f) use the Website in any manner which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation or these Terms;

  (g) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise submit information to or extract information from the Website or the Content in whole or in part;

  (h) use the Website in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates; or

  (i) interfere with any other persons’ use and enjoyment of the Website or of the Internet generally.

  To the extent you are in breach of your obligations under these Terms, MilleniLink may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.  We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of the Website (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.

  3. Proprietary Rights

  This Website is protected by Canadian copyright laws and treaty provisions.  Any unauthorized copying, redistribution, reproduction or modification of the Website (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action.  You agree to comply with all copyright laws worldwide in your use of the Website and to prevent any unauthorized copying, redistribution, reproduction or modification of the Website or any of the Content.

  Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website, including without limitation “MilleniLink,” constitute trade-marks, trade names, trade dress and associated products and services of MilleniLink or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of MilleniLink suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on the Website does not convey or create any licence or other rights in the Marks or the Third Party Marks.  Any use of the Marks or the Third-Party Marks, in whole or in part, without prior written authorization of MilleniLink or such third party, as applicable, is strictly prohibited.

  4. Linked Websites

  Certain links on the Website or in Postings made or shared through the Website may take you to other web sites that are not owned or operated by MilleniLink. MilleniLink provides these links only as a convenience.  MilleniLink is not responsible for the content of any such linked web sites.  MilleniLink makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites.  If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

  5. Privacy Statement

  Any personal information which MilleniLink collects via the Website is subject to the Privacy Statement available at www.millenilink.com/privacy-statement

  When you interact with the Website, you agree that information about you and your use of the Website, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.

  Any non-identifiable information gathered by us through your use of the Website may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of the Website.  Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.

  6. Disclaimer

  We make no representation or warranty and there are no conditions of any kind regarding the Website, Content, Postings, or Candidate Information, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content, Postings or Candidate Information, or with respect to the final terms and duration of any engagement or employment or whether any employer or MilleniLink client will ask for your information or will interview or hire you.

  Accessing the Website, Content, Postings, or Candidate Information from locations where it would be illegal is prohibited.  Any diversion of the services and/or any Content, Postings, or Candidate Information obtained from or through the Website contrary to applicable law is also prohibited.

  You acknowledge and agree that the Website (including without limitation the Content, the Postings, and Candidate Information) is provided on an “AS IS” basis and that any use of or reliance on the Website shall be at your sole risk.  We do not screen or censor the Postings.

  MILLENILINK AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE WEBSITE (INCLUDING THE CONTENT AND POSTINGS AND CANDIDATE INFORMATION). FOR GREATER CERTAINTY, MILLENILINK DOES NOT WARRANT THAT THE WEBSITE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.

  7. Limitation of Liability

  YOU AGREE THAT IN NO EVENT WILL MILLENILINK AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “MILLENILINK REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE, THE CONTENT, THE POSTINGS, OR THE CANDIDATE INFORMATION FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, THE CONTENT, THE POSTINGS, OR THE CANDIDATE INFORMATION OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY MILLENILINK REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

  YOU ACKNOWLEDGE THAT MILLENILINK ACTS AS TRUSTEE FOR THE MILLENILINK REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A MILLENILINK REPRESENTATIVE.  MILLENILINK AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH MILLENILINK REPRESENTATIVE.

  8. Indemnity

  You will indemnify and hold the MilleniLink Representatives harmless from and against any claims brought by third parties arising out of your use of the Website, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms.  You agree that the MilleniLink Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the MilleniLink Representatives in connection therewith.

  9. Choice of law

  You agree that all matters relating to the access to, or use of, the Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.

  Any dispute between us and you or any other person arising from, in connection with or relating to the Website, these Terms, any transaction through the Website or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.

  10. Termination of Use

  If you breach any provision of these Terms, then you may no longer use the Website.  We, in our sole discretion, shall determine whether these Terms have been violated.  You agree that we may, in our sole discretion, terminate or suspend your use of the Website without notice.

  Upon termination or suspension of your use of the Website, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your information and bar any further access to such files or the Website.  We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

  11. General

  These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter.  Notwithstanding the foregoing, if you and MilleniLink agree to a written agreement and such agreement expressly overrides these Terms, the provisions of such agreement will prevail.  If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

  No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by MilleniLink.  You and MilleniLink are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.

  The provisions of these Terms will endure to the benefit of and be binding upon you and MilleniLink and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives.  You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion.  We may assign these Terms and our respective rights and obligations under these Terms without your consent.

  12. Notices

  All notices to us shall be in writing and shall be made via email to privacy@millenilink.com. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership.  In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

  13. Language

  The parties have required that this agreement and all documents relating thereto be drawn up in English.  Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.