Last Update: August 1, 2014
Terms and Conditions
This page states the Terms and Conditions under which you ("You") may use the NetHire Sites and Services (defined below).
The Site is provided by Urban Indoor Media ("NetHire") conditional of Your acceptance on the terms of service and conditions set forth below (the "Terms and Conditions").
By accessing, using, downloading or sending messages, information, data, text, software, images or other materials to this Site, You agree on Your own behalf and on behalf of any entity on whose behalf You may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If You do not agree to abide by these Terms and Conditions, You should not use this Site or download, upload or use Content from it.
These Terms and Conditions apply exclusively to Your access and use of this Site, and do not alter the terms or conditions of any other agreement You may have with NetHire. In case of any inconsistency between these Terms and Conditions and any other agreement You may have with NetHire, the other agreement shall prevail, but only to the extent of the inconsistency.
The Terms and Conditions apply to You as well as any other "Users" as defined as anyone who accesses NetHire Sites or submits information to a NetHire Site or Email.
1. Changes to Terms and Conditions
NetHire has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such changes is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to You, You must discontinue Your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute that You have accepted the changes.
2. Changes to this Site
NetHire may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services; (iii) removing, adding, modifying or otherwise changing any Content on or from this Site or (iv) imposing limits on certain features and Services or restricting Your access to parts or all of this Site without notice or liability for any reason whatsoever. NetHire reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Use of NetHire Content
NetHire authorizes You, subject to these Terms and Conditions to access and use the Site and Content. The Contents of the Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Content (collectively, "Content") are protected under copyright, trademark and other laws. All Content is the property of NetHire or its licensors. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is exclusive property of NetHire and is protected by copyright, trademark and other laws. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited.
Any code that NetHire creates to generate or display any Content or the pages making up any Site is also protected by NetHire's copyright and You may not copy or adapt such code.
You agree not to sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the NetHire Content in any way for any public or commercial purpose, in connection with products or services that are not those of NetHire, in any other manner that is likely to cause confusion among consumers, that disparages or discredits NetHire or its licensors, that dilutes the strength of NetHire or its licensor's property, or that otherwise infringes NetHire or its licensor's intellectual property rights. You further agree to in no other way misuse NetHire Content. The use of the Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that NetHire creates to generate or display any NetHire Content or the pages making up any Application or Service is also protected by NetHire's copyright and You may not copy or adapt such code.
The job posting, Talent Pool, Candidate Management System, NetHire Facebook Application and any other features or functions of NetHire Sites may only be used by individuals seeking employment and/or career information and by employers and recruiters seeking to hire. Your use of NetHire is also subject to any other contracts You have with NetHire. In the case of any conflict between these Terms and any contract You have with NetHire, the terms of Your contract will prevail. The term "post" as used herein shall mean information that You submit, publish or display to or on a NetHire Site.
By accessing this site You agree not to:
- transmit, post, distribute, store or destroy material, including without limitation NetHire Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information.
- take any action that imposes an unreasonable or disproportionately large load on any NetHire Site's infrastructure
- use any device to navigate or search any NetHire Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by NetHire
- use any data mining, robots or similar data gathering or extraction methods;
- sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other web site
- violate or attempt to violate the security of any NetHire Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- reverse engineer or decompile any parts of any NetHire Site;
- aggregate, copy or duplicate in any manner any of the NetHire Content or information available from any NetHire Site, including expired job postings, other than as permitted by these Terms;
- frame or link to any NetHire Content or information available from any NetHire Site, unless permitted by these Terms;
- post any Content or material that promotes or endorses false or misleading information or illegal activities
- post any resume or apply for any job on behalf of another party;
- defer any contact from an employer to any agent, agency, or other third party
- access data not intended for You or log into a server or account which You are not authorized to access
- post or submit to any NetHire Site any incomplete, false or inaccurate biographical information or information which is not Your own
- post Content that contains restricted or password-only access pages, or hidden pages or images
- solicit passwords or personally identifiable information from other Users
- delete or alter any material posted by any other person or entity
- harass, incite harassment or advocate harassment of any group, company, or individual
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any Users that have specifically requested not to be contacted by You
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any NetHire Site, overloading, "flooding", "spamming", "mail-bombing" or "crashing"
- promote or endorse an illegal or unauthorized copy of another person's copyrighted work
- use NetHire for any unlawful purpose or any illegal activity, or post or submit any
Content, resume, or job posting that is defamatory, libellous, implicitly or explicitly
offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a
menacing character or likely to cause annoyance, inconvenience, embarrassment,
anxiety or could cause harassment to any person or include any links to pornographic,
indecent or sexually explicit material of any kind, as determined by NetHire's discretion.
Violations of system or network security may result in civil and/or criminal liability. NetHire 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.
4. Additional Terms Applicable to Employers
Employers are solely responsible for their postings on NetHire Sites. NetHire is not to be considered to be an employer with respect to Your use of any NetHire Site or NetHire advertised job posting and NetHire shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NetHire Site or any site under the NetHire name.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from NetHire, including job postings, resumes, contacts, notes, ratings and any other information, will be marked as deleted in and may be deleted from NetHire's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through NetHire's web servers.
NetHire reserves the right to restrict the number of emails which an employer may send to Users to a number which NetHire deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. NetHire does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
A Job Posting may not contain:
- any hyperlinks, other than those specifically authorized by NetHire
- misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined at NetHire's reasonable discretion
- the names, logos or trademarks of unaffiliated companies other than those of Your customer save where expressly agreed by NetHire
- the names of colleges, cities, states, towns or countries that are unrelated to the posting
- more than one job or job description, more than one location, or more than one job category, unless the product so allows
- company names, emails, web addresses, or physical addresses, other than those specifically authorized by NetHire
- inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use NetHire to:
- post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job
- post jobs or other advertisements for competitors of NetHire or post jobs or other Content that contains links to any site competitive with NetHire
- sell, promote or advertise products or services
- post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement, unless previously authorized by NetHire
- post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents, unless previously authorized by NetHire
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling unless previously authorized by NetHire
- promote any opportunity that does not represent bona fide employment opportunity
- post jobs on any NetHire Site for modelling, acting, talent or entertainment agencies or talent scouting positions
- advertise sexual services or seek employees for jobs of a sexual nature
- request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy
- endorse a particular political party, political agenda, political position or issue
- promote a particular religion
except where allowed by applicable law, post jobs which require the applicant to provide
information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii)
philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental
health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii)
NetHire reserves the right to remove any job posting or Content from any NetHire Site, which in the reasonable exercise of NetHire's discretion does not comply with the above Terms, or if any Content is posted that NetHire believes is not in the best interest of NetHire.
If at any time during Your use of NetHire, You made a misrepresentation of fact to NetHire or otherwise misled NetHire in regards to the nature of Your business activities, NetHire will have grounds to terminate Your use of NetHire.
5. Talent Pool
You shall use the NetHire Talent Pool as provided in these Terms and in any contract You have with NetHire. You shall use the NetHire Talent Pool in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from NetHire Talent Pool to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from NetHire Talent Pool from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The Talent Pool shall not be used:
- for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders
- to create a database of candidates for future employment opportunities, which resides outside of the NetHire system
to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters
to resume holders or to contact any individual unless they have agreed to be contacted
(where consent is required or, if express consent is not required, who has not informed
You that they do not want to be contacted); or
to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities in which the candidate would be required to pay a fee.
In order to ensure a safe and effective experience for all of our customers, NetHire reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended at NetHire's sole discretion.
6. Additional Terms Applicable to Job Seekers
When You submit information to or register with any NetHire Site, You will be asked to provide identifying information or to create an account and provide NetHire with certain information including, without limitation, a valid email address (Your "Information").
Any Information You submit must be accurate and describe You, an individual person.
You acknowledge and agree that You are solely responsible for the form, Content and accuracy of any resume or material contained therein submitted by You on the NetHire Sites or to any job posting posted by NetHire.
NetHire reserves the right to offer third party services and products to You based on the information provided when You submitted a job application or created a profile and at any time thereafter.
NetHire reserves the right to delete all of Your Information.
7. User Content and Submission
You understand that all Information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, submitted to NetHire, posted or displayed by You on or through a NetHire Site ("User Content") is the sole responsibility of the person from which such User Content originated. NetHire claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content You submit, post or display on or through NetHire and You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through NetHire, You grant NetHire a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through NetHire. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You grant NetHire a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting NetHire and its services. NetHire reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or 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. If You post User Content in any public area of any NetHire Site, or submit Content to NetHire, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any NetHire Site retains any and all rights that may exist in such User Content. NetHire may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any NetHire Site. NetHire reserves the right to expel Users and prevent their further access to the NetHire Sites and/or use of NetHire Services for violating the Terms or applicable laws, rules or regulations. NetHire may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for NetHire, damage NetHire's brand or public image, or cause NetHire to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
NetHire does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does NetHire endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
Candidate profiles derived from User Content may also be made available through the NetHire Sites. NetHire does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may differ significantly from User Content.
8. Registration and Password
If You are provided with a user name, password or any other piece of information as part of NetHire security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password or other security information. You shall be responsible for all uses of Your registration, whether or not authorized by You. You agree to notify NetHire immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
9. Linking to the Site and other Social Media Features
You may link to NetHire's homepage, provided You do so in a way that is fair and legal and does not damage or take advantage of NetHire's reputation, but You may not establish a link in such a way as to suggest any form of association, approval or endorsement on NetHire's part without NetHire's express written consent.
This Website may provide certain social media features that enable You to:
- Link from Your own or certain third-party websites to certain Content on this Website.
- Send emails or other communications with certain Content, or links to certain Content, on this Website.
- Cause limited portions of Content on this Website to be displayed or appear to be
displayed on Your own or certain third-party websites.
You may use these features solely as they are provided by NetHire, solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions NetHire provides with respect to such features. Subject to the foregoing, You may not:
- Establish a link from any website that is not owned by You.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is
NetHire is not responsible for what is posted to any social media account or site by any User or Employer on NetHire, nor what is posted to any account that is connected to NetHire. It is the sole responsibility of Users to ensure they have permission to access these social media sites.
10. Links to Other Sites
The NetHire Sites contain links to third party Websites. These links are provided solely as a convenience to You and not as an endorsement by NetHire of the Contents on such third-party Websites. NetHire 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 Websites. If You decide to access linked third-party Websites, You do so at Your own risk.
11. Mobile Services
If You use the NetHire Sites through a mobile device, You agree that information about Your use of the NetHire Sites through Your mobile device and carrier may be communicated to NetHire, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the NetHire Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the NetHire Sites using a mobile device, You represent that to the extent You import any of Your NetHire data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. You acknowledge You are responsible for all charges and necessary permissions related to accessing the NetHire Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the NetHire Sites are available and the terms for these services for Your specific mobile devices.
12. NetHire's Liability
The NetHire Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post and/or submit resumes and Profiles and search for and evaluate job opportunities. NetHire does not screen or censor the listings, including Candidate profiles offered. NetHire is not involved in the actual transaction between employers and candidates. As a result, NetHire is not responsible for User Content, 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 and NetHire makes no representations about any jobs, resumes or User Content on the NetHire Sites. While NetHire reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the NetHire Sites from time to time, NetHire does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
NetHire provides a venue for individuals to search out and manage candidates for employment opportunities and job seekers to seek out employment and NetHire does not screen or censor the Candidate profiles or User Content on the NetHire Sites. NetHire is not involved in the actual communications between Users. As a result, NetHire has no control over the accuracy, reliability, completeness, or timeliness of the Candidate Profiles or User Content submitted on the NetHire Sites and makes no representations about any Profile or User Content on the NetHire Sites.
Note that there are risks to interacting with other Users, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom You come in contact through the NetHire Sites. By its very nature other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. NetHire expects You to use caution and common sense when using the NetHire Sites.
Because User authentication on the Internet is difficult, NetHire cannot and does not confirm that each User is who they claim to be. Because NetHire does not and cannot be involved in User-to-User dealings or control the behaviour of participants on any NetHire Site, in the event that You have a dispute with one or more Users, You release NetHire (and NetHire agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) 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 to the fullest extent permitted by law.
The NetHire Sites and the NetHire Content may contain inaccuracies or typographical errors. NetHire makes no representations about the accuracy, reliability, completeness, or timeliness of any NetHire Site or the NetHire Content. The use of all NetHire Sites and the NetHire Content is at Your own risk. Changes are periodically made to NetHire Sites and may be made at any time. NetHire cannot guarantee and does not promise any specific results from use of any NetHire Site. No advice or information, whether oral or written, obtained by a User from NetHire or through or from any NetHire Site shall create any warranty not expressly stated herein.
NetHire encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall NetHire be liable for the deletion, loss, or unauthorized modification of any User Content.
NetHire does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any NetHire Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If notified of any Content or other materials which allegedly do not conform to these Terms, NetHire may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the Content. NetHire has no liability or responsibility to Users for performance or nonperformance of such activities.
13. Disclaimer of Warranty
TO THE FULLEST EXTENT POSSIBLE BY LAW, NETHIRE DOES NOT WARRANT THAT ANY NETHIRE SITE OR ANY NETHIRE SERVICES WILL OPERATE ERROR-FREE OR THAT ANY NETHIRE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY NETHIRE SITE OR THE NETHIRE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, NETHIRE IS NOT RESPONSIBLE FOR THOSE COSTS. THE NETHIRE SITES AND NETHIRE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NETHIRE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. NETHIRE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE NETHIRE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
14. Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL NETHIRE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY NETHIRE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY NETHIRE SITE AND THE NETHIRE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NETHIRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Limitation of Liability
YOU AGREE THAT NETHIRE AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF NETHIRE, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, You agree that NetHire's aggregate liability for damages shall be limited to $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of NetHire, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from Your use of the Site and the Content or Your breach of these Terms and Conditions.
17. Choice of law
This Site is controlled, operated and administered by NetHire from its offices within Canada. NetHire makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If You access this Site from outside Canada, You are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in Your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Brampton, Ontario or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
18. Additional Terms
Certain areas of the NetHire Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.