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Terms of Use

This version is in effect since June 1st, 2011.

The website 86network.com (the “Website”) is owned and operated by EightSix Network Inc. (“EightSix”). EightSix provides and maintains an online service for connecting job-seekers with employers (the “Service”) through the Website.
In these Terms of Use, the term “you” and its possessive form “your” refer to all individuals and/or entities accessing the Website or using the Service for any reason. These Terms of Use govern your use of the Website and the Service. IF YOU USE THE WEBSITE OR THE SERVICE, THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS.

These Terms of Use contain the following provisions:

1. Acknowledgement and Acceptance
2. Your Responsibility for Use of the Website and the Service
3. Privacy of Your Personal Information
4. Your Privacy-Related Responsibilities
5. Your General Responsibilities
6. Your Specific Responsibilities
7. System Requirements
8. Paid Access
9. Modifications to the Website and/or the Service
10. Modifications to these Terms of Use
11. Assumption of Risk and Disclaimer of Warranties
12. Limitation of Liability
13. Third Party Sites
14. Proprietary Rights
15. Indemnification
16. Jurisdiction and Governing Law
17. General Provisions

1. Acknowledgement and Acceptance

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms of Use are an agreement between you, and any persons that you represent, and EightSix regarding your access to and use of the Website and the Service. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THE WEBSITE OR USE THE SERVICE.

YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE AND IN OUR PRIVACY POLICY BY DOING ANY OF THE FOLLOWING:
  • ACCESSING THE WEBSITE;
  • USING THE SERVICE;
  • CHECKING THE BOX NEXT TO THE STATEMENT “I have read, and I accept EightSix Network’s Terms of Use and Privacy Policy”;
  • CLICKING ON THE “CREATE” BUTTON TO CREATE A JOB-SEEKER SKETCH EMPLOYMENT PROFILE; OR
  • CLICKING ON THE “CREATE ACCOUNT” BUTTON TO CREATE AN EMPLOYER ACCOUNT.

Each time you use the Website or the Service, you signify your acceptance and agreement, and the acceptance and agreement of any person whom you purport to represent, to be bound by these Terms of Use and our Privacy Policy as they read on the date that you click “LOGIN” when logging in to your account. You hereby acknowledge that you have reached the age of majority in the province, state or country where you reside and you can form legally binding contracts under applicable law.

2. Your Responsibility for Use of the Website and the Service

If you register for an account at the Website, you will be asked to provide a password. You agree to keep this password confidential from all persons. You are solely responsible for maintaining the confidentiality your password. You agree that you are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify EightSix of any unauthorized access to your account at the Website or any other breach of security.

EightSix retains the right to prohibit or prevent access to the Website or the Service by you for any reason, including without limitation, breach of these Terms of Use and inappropriate use of the Service or the Website.


3. Privacy of Your Personal Information

When you register for an account at the Website, you will be asked to provide EightSix with information which may be capable of personally identifying you. You understand and agree that EightSix may collect, use and disclose your personal information in accordance with the terms of Eight Six’s Privacy Policy, which is available at www.86network.com/company-info/privacy-policy.aspx and which may be changed from time to time by EightSix at its discretion without any notice or liability to you. By accepting these Terms of Use, and each time you use the Website or the Service, you consent to the collection, use and disclosure of your personal information by EightSix in accordance with its Privacy Policy as it then reads. Please see the EightSix’s Privacy Policy for further details.


4. Your Privacy-Related Responsibilities

Through your use of the Website or the Service, you may have access to information pertaining to one or more identifiable individuals (“Personal Information of Others”). You acknowledge that any Personal Information of Others that is disclosed to you through the Website or the Service is governed by the privacy laws of British Columbia, Ontario, Alberta and Canada, as well as privacy laws applicable where you access the information, and you agree to comply with all such privacy laws, notwithstanding the fact that some such privacy laws may not apply to you or your collection, use or disclosure of the information. If you are an employer, you agree not to collect, use or disclose Personal Information of Others for any purposes other than recruiting, identifying and hiring employees for your business.
You represent and warrant that you have the authority and capacity to disclose any information you provide to the Website or the Service for the purposes for which EightSix collects the information that you provide. You agree not to provide any Personal Information of Others to the Website or the Service.

EightSix retains the right to remove personal information from Sketches, job-postings, the Website, and/or the Service for any reason, including without limitation, your withdrawal of consent, or your breach any of the terms and conditions of this Terms of Use, the privacy laws of British Columbia, Ontario, Alberta or Canada, or any privacy laws applicable to you.


5. Your General Responsibilities

You agree NOT to use the Website or the Service to:
  • transmit or solicit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, defamatory, racist, illegal or otherwise objectionable material or content;
  • transmit or solicit any material or content that infringes copyright, trademark, trade secret or other intellectual property rights;
  • transmit or solicit any material or content that violate the privacy, publicity or other personal rights of others;
  • transmit “spam” or violate any Canadian, United States or other jurisdiction’s spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail; or
  • attempt to gain unauthorized access to any computer systems, accounts or databases maintained by or for EightSix.

You agree NOT to:
  • make any attempt to interfere with the proper operation of the Website or any activity being conducted on the Website;
  • interfere with or disrupt networks connected to the Website;
  • take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
  • to the extent you have access to one or more non-public areas of the Website, not share this access with any third party;
  • use or attempt to use any automated engine, software, tool, agent or other means (including without limitation browsers, spiders and robots) to access, navigate or search the Website;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
  • aggregate, copy or duplicate in any manner any of the content available on the Website; or
  • frame or link to any page, element, or other content available on the Website, other than the landing pages at 86network.com and www.86network.com.

If you engage in any activity set forth in this section, EightSix may immediately and without notice terminate your account with the Website and may prohibit your use of the Service. EightSix may report any unlawful conduct to the appropriate authorities and may turn over any and all information regarding such activity to the appropriate persons or entities.


6. Your Specific Responsibilities

If you are a job-seeker, you may use the Website and the Service only for the lawful purposes of seeking employment. If you are an employer, you may use the Website and the Service only for the lawful purposes of and recruiting, identifying and hiring employees for your business.
You may not, and you agree that you will not, use the Website or the Service to:
  • provide any incomplete, inaccurate, untrue or misleading information;
  • solicit participation, other than as an employee, in any business, venture, or investment opportunity;
  • create job-postings for a competitor of EightSix;
  • create job-postings for any business and/or location other than the business/location associated with your employer account upon signup; or
  • provide content that contains links to any site competitive with EightSix Network.


7. System Requirements

In order to use the Website and the Service, you must have a computer system with at least the following minimum requirements:
  • an ADSL, Cable, or faster Internet connection; and,
  • the currently available, non-Beta version of either Mozilla® Firefox®, Apple® Safari® or Microsoft® Internet Explorer®, with JavaScript® enabled in the browser.

JavaScript is a registered trademark of Sun Microsystems, Inc., Mozilla and Firefox are registered trademarks of the Mozilla Foundation, Apple and Safari are registered trademarks of Apple Inc., and Microsoft and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries.


8. Paid Access

If you have paid for access to certain features of the Service and/or areas of the Website, the terms of your payment and access are governed by the agreement made specifically for that access, in addition to these Terms of Use and EightSix’s Privacy Policy. All paid access is non-refundable and user accounts - both job-seeker and employer - are non-transferrable.

Any employer wishing to cancel an annual membership will be required to pay an early cancellation fee equal to 50% of the outstanding balance upon date of cancellation request.


9. Modifications to the Website and/or the Service

You acknowledge and agree that EightSix may, with or without notice, modify or terminate the Website and/or the Service. Modifications to the Website and/or the Service may include, without limitation, modifications to:
  • means of accessing the Website and/or the Service;
  • means of creating, viewing, updating and/or deleting Sketches;
  • means of searching and/or browsing job-postings;
  • means of creating job-postings;
  • means of searching and/or viewing Sketches;
  • means of communicating with job-seekers and/or employers through the Website or other means; and,
  • any and all content of the Website.

You acknowledge and agree that EightSix is not responsible for any loss or alteration of information on the Website, or for any consequences attributable, directly or indirectly, loss or alteration of information on the Website.


10. Modifications to these Terms of Use

EightSix reserves the right to modify these Terms of Use and its Privacy Policy at any time, so please review it frequently. If EightSix makes substantive changes to these Terms of Use or its Privacy Policy it will notify you on the front page of the Website and other places it deems appropriate.

YOU ACCEPT AND AGREE TO ANY REVISED TERMS OF USE ANY OR PRIVACY POLICY BY DOING ANY OF THE FOLLOWING:
  • ACCESSING THE WEBSITE;
  • USING THE SERVICE; OR
  • CLICKING THE “SIGN IN” BUTTON WHEN LOGGING IN TO YOUR ACCOUNT.

If you do not agree with any revised Terms of Use, you must discontinue using the Website and the Service.


11. Assumption of Risk and Disclaimer of Warranties

YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, MERCHANTABILITY, OR PERFORMANCE, ALL OF WHICH ARE DISCLAIMED BY EIGHTSIX TO THE FULLEST EXTENT PERMITTED BY LAW.

EIGHTSIX MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE AND/OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES EIGHTSIX MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE WEBSITE AND/OR THE SERVICE OR THAT DEFECTS IN THE SOFTWARE FOR THE WEBSITE AND/OR SERVICE WILL BE CORRECTED OR THAT THE WEBSITE AND/OR THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

EIGHTSIX IS NOT RESPONSIBLE FOR ANY INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED IN SKETCHES, INFORMATION ABOUT EMPLOYERS, AND INFORMATION CONTAINED IN JOB-POSTINGS. EIGHTSIX DOES NOT WARRANT THE CORRECTNESS, ACCURACY, USEFULNESS OR RELIABILITY OF INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE. EIGHTSIX IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OPPORTUNITY, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OR RELIANCE ON INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY DATA OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH DATA OR MATERIAL.

EIGHTSIX TAKES NO PART IN ANY TRANSACTION BETWEEN JOB-SEEKERS AND EMPLOYERS. EIGHTSIX HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE JOBS LISTED IN JOB-POSTINGS ON THE WEBSITE AND/OR THE SERVICE. EIGHTSIX DOES NOT VERIFY, MONITOR OR CONTROL THE TRUTH OR ACCURACY OF INFORMATION CONTAINED IN JOB-POSTINGS OR SKETCHES, THE IDENTITIES OF JOB-SEEKERS OR EMPLOYERS, THE ABILITY OF EMPLOYERS TO OFFER JOB OPPORTUNITIES TO JOB-SEEKERS, OR THE ABILITY OF JOB-SEEKERS TO FILL JOB OPENINGS. YOU ACKNOWLEDGE THAT THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, INHERENT IN DEALING WITH STRANGERS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH YOUR USE OF THE WEBSITE AND/OR THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE FORM, CONTENT AND ACCURACY OF ANY INFORMATION YOU PROVIDE TO THE WEBSITE OR THE SERVICE. YOU AGREE TO ASSUME RISKS ARISING FROM ANY MISTAKE, ERROR OR OMISSION IN INFORMATION YOU PROVIDE TO THE WEBSITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IF THESE STATUTORY PROHBITIONS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 11 AND THE LIMITATIONS IN SECTION 12 OF THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EIGHTSIX, ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, COST OR DAMAGES WHATSOEVER RELATING TO THE WEBSITE AND/OR THE SERVICE OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, INABILITY TO ACCESS THE WEBSITE AND/OR THE SERVICE, RELIANCE INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED IN SKETCHES, INFORMATION ABOUT EMPLOYERS, AND INFORMATION CONTAINED IN JOB-POSTINGS, LOSS OF ANY DATA OR INFORMATION STORED WITH THE WEBSITE AND/OR THE SERVICE, THE VIOLATION OF ANY PRIVACY, PUBLICITY OR PERSONALITY RIGHT RELATING TO USE OF THE WEBSITE AND/OR THE SERVICE, AND DISPUTES ARISING BETWEEN YOU AND ANY OTHER USER OF THE WEBSITE OR THE SERVICE, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL, EVEN IF EIGHTSIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR THE SERVICE, OR WITH ANY OF THE TERMS IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR THE SERVICE.


13. Third Party Sites

The Website and/or the Service may contain links or references to other internet sites operated by other persons (collectively, the “Third Party Sites”). EightSix is not responsible or liable for and has no control over Third Party Sites or their content, and does not sponsor or endorse Third Party Sites. Your use of Third Party Sites is at your own risk.


14. Proprietary Rights

The content of the Website and the Service including the software, HTML code, graphics, images, text, forms, Sketches, job-postings and other materials (the “Content”) is protected by domestic and foreign intellectual property laws, including without limitation, copyright, trademarks, and other proprietary rights and is the property of EightSix and other persons, with all rights reserved. EIGHTSIX, EIGHTSIXNETWORK and SKETCH are trademarks of EightSix.

If you are a job-seeker EightSix authorizes you to download and view a single copy of the Content on the Website solely for your personal, noncommercial use.
If you are an employer EightSix authorizes you to download and view a single copy of the Content on the Website solely for the purpose of recruiting, identifying and hiring employees for your business.
Your use of the Service does not transfer to you any rights in the Website or the Content.

By submitting content to the Website or the Service, including without limitation for inclusion in a Sketch or job-posting, you grant the EightSix a royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. For greater certainty, rights to any original content created by you and provided to the Website or the Service remain with you.


15. Indemnification

You agree to indemnify, defend and hold harmless EightSix, its officers, affiliates, agents, contractors, and employees from and against all liabilities, costs and expenses, including without limitation, reasonable legal fees incurred by EightSix in connection with your use of the Website or the Service, your breach of these Terms of Use or EightSix’s Privacy Policy, or any wrongful conduct by you.


16. Jurisdiction and Governing Law

These Terms of Use and the relationship between you and EightSix shall be treated as if entered into and executed in the Province of British Columbia and shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. You agree to submit and attorn to the original and exclusive jurisdiction of the courts of the Province of British Columbia in any and all disputes between the you and EightSix arising from the Service and/or the Website.


17. General Provisions

If any provision in these Terms of Use is determined to be invalid or void for any reason, then that provision will be deemed to be severed from these Terms of Use and the remaining provisions will continue in full force and effect.
The failure by EightSix to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision of any other provision of these Terms of Use.
The headings used in these Terms of Use are for convenient reference only and will not affect how these Terms of Use are interpreted.
Unless you have an agreement under which you have paid for access to certain features of the Service and/or areas of the Website, the terms and conditions set forth in these Terms of Use and EightSix’s Privacy Policy comprise the entire agreement between you and EightSix with respect to the use of Website and the Service, and supersede any prior agreements between the parties.
If you have paid for, the terms of your payment and access to certain features of the Service and/or areas of the Website, the terms of any agreement(s) pertaining to such access in combination with the terms and conditions set forth in these Terms of Use and EightSix’s Privacy Policy comprise the entire agreement between you and EightSix.

Only EightSix may change these Terms of Use.
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