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TERMS OF USE – SKILLPILLAR EQUAL OPPORTUNITY EMPLOYMENT LTD.

The Terms of Use were last modified on June 20, 2017.

1. Introduction and Acceptance of Terms of Use

This page outlines the Terms of Use (“Terms of Use”) which governs the use of SKILLPILLAR.com and to which you (“You”) agree to be bound as a user (“User”) of the SKILLPILLAR Equal Opportunity Employment Ltd. (“SKILLPILLAR”) website and any services provided for herein.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOURSELF AND SKILLPILLAR OR ANY AFFILIATE OF SKILLPILLAR AND EVERYTIME YOU USE THE SKILLPILLAR WEBSITE OR ITS SERVICES YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE SKILLPILLAR TERMS OF USE. IF YOU DO NOT ACCEPT THE WTIHIN TERMS OF USE, DO NOT USE THE SKILLPILLAR WEBSITE.

Please read the within Terms of Use carefully. The word “including” shall be deemed to mean “including without limitation” and the word “use” and its derivatives including accessing any SKILLPILLAR webpage, service or feature.

2. Changes to SKILLPILLAR and to the Terms of Use

SKILLPILLAR maintains the exclusive right to make such alternations to the SKILLPILLAR website or its services at SKILLPILLAR any time as it sees fit and in its sole discretion. SKILLPILLAR reserves the right to modify, suspend, terminate or discontinue any aspect of SKILLPILLAR, at any time and without notice or liability to you.

SKILLPILLAR reserves the right to make changes to the Terms of Use. The changes are effective on the earlier of (i) 30 days after the posting of the changes on SKILLPILLAR.com or (ii) five (5) days following the date you are personally sent changes to the Terms of Use via a reasonable delivery method such as regular mail or email. You are required to supply SKILLPILLAR with a current and valid email address when you create your profile, should your email change you are required to update your profile as failure to do so shall not be a defence or argument for not receiving notice of the change of Terms of Use. Any changes required to be made to comply with applicable laws shall be effective immediately. If you do not agree to the amended Terms of Use, cease using SKILLPILLAR immediately as your continued access to, or use of, SKILLPILLAR indicates your binding acceptance of the Terms of Use as they may be changed from time to time.

3. Privacy Policy

Protection of your personal information is important to SKILLPILLAR and the collection, use and disclosure of your personal information is governed by its Privacy Policy (the “Privacy Policy”). You are responsible for the protection of your identity and personal information with respect to your release of information to prospective employers, and should include special care not to disclose personal financial data such as your social insurance number, banking information and credit card information.

The Privacy Policy is incorporated by reference to these Terms of Use. By accessing or using SKILLPILLAR you are accepting the Terms of Use and the Privacy Policy and are deemed to have consented to the collection, use and disclosure of your personal information.

4. Equal Opportunity Policy

SKILLPILLAR has been created to provide a website for job searchers and employers to find one another in an environment which encourages equal opportunity to all employers and job searchers.

SKILLPILLAR is committed to evaluate the work force and grant advancements and promotions without regard to race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex orientation, age, marital status, family status or disability. SKILLPILLAR is further committed to working with partners, Employers and job searchers who are similarly committed.

5. Age of Majority

SKILLPILLAR is intended for the use of individuals who have attained the age of majority in their respective jurisdictions of residence and is not intended for the use by individuals who have not attained the age of majority.

6. Disclaimer

SKILLPILLAR IS A LOCATION FOR JOB SEARCHERS AND EMPLOYERS TO EXCHANGE INFORMATION. SKILLPILLAR DOES NOT PROVIDE EMPLOYMENT SERVICES, IS NOT AM EMPLOYMENT AGENCY OR A RECRUITMENT FIRM. SKILLPILLAR DOES NOT SCREEN OR SENSOR JOB LISTINGS OR INFORMATION SUBMITTED BY EMPLOYERS OR JOB SEARCHERS. SKILLPILLAR DOES NOT MONITOR OR GOVERN THE INTERACTION BETWEEN THE JOB SEARCHER AND THE EMPLOYER AND SHALL NOT BE RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY OF THE JOBS OR THE RESUMES POSTED, THE TRUTH OR ACCURACY OF THE LISTINGS, AVAILABILITY OF JOBS, OFFERS MADE TO CANDIDATES, WHICH CANDIDATE WILL BE ACCCEPTED FOR A POSITION, IF ANY, OR THE EXTENT TO WHICH ANY EMPLOYER WILL HIRE ON ANY BASIS OF EQUAL OPPORTUNITY.

TO THE FULLEST EXTENT POSSIBLE BY LAW, SKILLPILLAR DOES NOT WARRANT THAT ANY SKILLPILLAR WEBSITE OR WEBPAGE IS ERROR FREE OR FREE FROM COMPUTER VIRUSES OR HARMFUL MECHANISMS.

KILLPILLAR DOES NOT WARRANT THAT ANY OF THE EMPLOYERS LISTED ON ANY SITE WTIHIN THE SKILLPILLLAR SYSTEM SHALL ADHERE TO EQUAL OPPORTUNITY PRACTICES NOR SHALL IT BE HELD LIABILE FOR ANY PRACTICE WHICH DEVIATES FROM THESE TERMS OF USE. THE SKILLPILLAR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL SKILLPILLAR, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SKILLPILLAR 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 SKILLPILLAR SITE AND THE SKILLPILLAR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKILLPILLAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Authorized Uses of SKILLPILLAR

Users are authorized to use SKILLPILLAR in accordance with these Terms of Use for the purpose of seeking employees or employment as the case may be and for gaining information about the not for profit sector partners which are showcased on SKILLPILLAR. All content of SKILLPILLAR remains the property of SKILLPILLAR and the images, graphics, technology, logos, and other miscellaneous content of SKILLPILLAR are and shall remain the exclusive possession of SKILLPILLAR.

SKILLPILLAR is designed for the purposes of providing an equal opportunity forum for employers, professional recruiters and human resource professionals (“Employers”). The features of SKILLPILLAR are for the exclusive use of employees seeking jobs and Employers seeking employees in a comfortable environment which is conducive to equal opportunities of those participating parties. An individual may also use their personal profile materials for permitted professional and personal networking purposes but where not specifically permitted herein such approval to use SKILLPILLAR materials for such purposes shall require advanced permission by SKILLPILLAR.

The use of SKILLPILLAR shall be for your personal or SKILLPILLAR use as the case may be as an Employer or Job Searcher. The use of SKILLPILLAR may also be governed by additional agreements between the User and SKILLPILLAR as may be required from time to time and where such an agreement exists it shall be paramount to the Terms of Use.

8. Prohibited Uses of SKILLPILLAR

Users may not take any action or make any use of SKILLPILLAR that in any way violates any applicable laws, regulations or the SKILLPILLAR Privacy Policy.

Users may not sell, resell or assign your rights or obligations under these Terms of Use. You hereby agree not to make any unauthorized commercial use of SKILLPILLAR, its services or its website. Users may not misuse the content or intellectual property of SKILLPILLAR in any way that would be misleading to other Users or the public or which may diminish the brand or reputation of SKILLPILLAR.

You make not take any action or make any use of SKILLPILLAR which could or would orinvolve;

  1. violate any law or regulation,
  2. mine data, store data,
  3. involve posting fictitious or phantom employment opportunities on SKILLPILLAR, including employment opportunities that have already been filled or that you have no intention of considering to fill through SKILLPILLAR Prospective Employees;
  4. involve posting employment opportunities or other information on SKILLPILLAR for any competitor of SKILLPILLAR or posting employment opportunities or other information that contains links to any website that competes, either directly or indirectly, with SKILLPILLAR as determined by SKILLPILLAR in its sole and absolute discretion;
  5. infringe the copyright or Intellectual Property rights of SKILLPILLAR or any other party,
  6. violate or attempting to violate the integrity, availability, proper working, or security of SKILLPILLAR including (i) accessing Content (defined below) not intended for such User or logging into an account which the User has no prior authorization from SKILLPILLAR to access; (ii) impersonating any individual or entity, including a SKILLPILLAR employee or agent, an Employer or a Prospective Employee, or otherwise misrepresenting your affiliation with any individual, corporation, partnership or other entity; (iii) attempting to search for, scan or test SKILLPILLAR for potential system or network vulnerabilities or to breach security or authentication measures; (iv) attempting to interfere with operation or availability of SKILLPILLAR, including submitting a virus, Trojan horse, worm, spider, spyware, malware or other harmful, disruptive or destructive file to SKILLPILLAR, or engaging in a denial of service attack, SQL injection or similar attack, overloading, "flooding", "spamming", "mailbombing", "crashing" or using any device, software or routine to interfere or attempt to interfere with the proper working of SKILLPILLAR; or (v) sending any commercial electronic messages in any manner that does not comply with all applicable laws or sending any spam, chain letters, junk mail or any other type of un-solicited email or communications, including promotions or advertisements for products or services;
  7. Except as specifically authorized by SKILLPILLAR, reproducing, distributing, modifying, altering, or selling the Content in any respect, merging the Content with other data, or publishing or making available the Content in any form, in whole or in part. In particular, these Terms of Use prohibit automated or manual “scraping”, "screen scraping", "database scraping", “framing”, and any other activity intended to collect, store, display, reorganize or manipulate any data produced by SKILLPILLAR, made available by SKILLPILLAR or displayed on SKILLPILLAR;
  8. Use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search SKILLPILLAR other than the search engine and search aids made available by SKILLPILLAR and widely used third party web browsers (i.e. Internet Explorer, Firefox, Chrome, Safari, etc.);
  9. Involve posting or transmitting any information which is inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortious;
  10. Access or use any services or features offered by SKILLPILLAR if you have not attained legal working age in the jurisdiction in which you reside;
  11. Transfer any information obtained through SKILLPILLAR to any third party, including to any other individual, partnership, corporation or other entity, except as specifically authorized by SKILLPILLAR (including to the extent expressly authorized by the Terms of Use between professional recruiters or human resource professionals working on behalf of a specific employer, and that specific employer);
  12. Involve posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity on SKILLPILLAR which requires an up-front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents;
  13. Involve printing or copying any of the computer programs used by SKILLPILLAR, including those to support the services or features offered by SKILLPILLAR;
  14. Create or using a false identity on SKILLPILLAR, or posting false, misleading or inaccurate information including, personal profiles, résumés, cover letters or false employment opportunity postings;
  15. Collecting, using or disclosing information about others without their consent, except for the stated purposes provided by SKILLPILLAR;
  16. use e-mail addresses that they do not own or for which they do not have the express permission of the owner of such e-mail address to use; and
  17. use SKILLPILLAR to solicit business from Employers who post employment opportunities on SKILLPILLAR, including any solicitation by any competitors of SKILLPILLAR.

SKILLPILLAR reserves the right at all times to disclose any information provided by you as necessary to satisfy any law, regulation or governmental/judicial request or to edit, refuse to post or remove any information, either in whole or in part, that in SKILLPILLAR's sole discretion is objectionable or otherwise in violation of the Terms of Use.

9. Additional terms applicable to Employers

Employers are solely responsible for their job postings on SKILLPILLAR.

The Employer understands and acknowledges that if the Employer cancels its account or its account is terminated, all information from SKILLPILLAR, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from SKILLPILLAR's databases. Information may continue to be available for some period of time because of delays in deletion through SKILLPILLAR’s web servers.

In order to protect our SKILLPILLAR Users from commercial advertising or solicitation, SKILLPILLAR reserves the right to restrict the number of e-mails which an employer may send to Users to a number which SKILLPILLAR deems appropriate in its sole discretion. You shall use the SKILLPILLAR system in accordance with all applicable privacy and data protection laws.

SKILLPILLAR does not make any representations regarding the accuracy or validity of Job Searcher profiles or their appropriateness for evaluation by employers.

Job postings

A Job posting may not contain:

  1. inaccurate, false, or misleading information;
  2. misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in SKILLPILLAR’s reasonable discretion;
  3. the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by SKILLPILLAR;
  4. the names of colleges, cities, states, towns or countries that are unrelated to the posting;
  5. more than one job or job description, more than one location, or more than one job category, unless the product so allows;
  6. any hyperlinks, other than those specifically authorized by SKILLPILLAR; and
  7. 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 a SKILLPILLAR job posting or SKILLPILLAR services to:

  1. post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
  2. 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;
  3. post jobs on any SKILLPILLAR Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
  4. post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
  5. sell, promote or advertise products or services;
  6. advertise sexual services or seek employees for jobs of a sexual nature; endorse a particular political party, political agenda, political position or issue;
  7. promote a particular religion;
  8. 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;
  9. post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
  10. request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
  11. except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her;
    1. racial or ethnic origin
    2. political beliefs
    3. philosophical or religious beliefs
    4. membership of a trade union
    5. physical or mental health
    6. sexual life
    7. the commission of criminal offences or proceedings or
    8. age.

    SKILLPILLAR reserves the right to remove any job posting or content from any SKILLPILLAR Site, which in the reasonable exercise of SKILLPILLAR’s discretion, does not comply with the above Terms, or if any content is posted that SKILLPILLAR believes is not in the best interest of SKILLPILLAR.

    If at any time during the Employer’s use of the SKILLPILLAR Services, the Employer makes a misrepresentation of fact to SKILLPILLAR or otherwise misleads SKILLPILLAR in regards to the nature of the Employer’s business activities, SKILLPILLAR will have grounds to unilaterally terminate the Employer’s use of the SKILLPILLAR Services.

    Use of the SKILLPILLAR Resume Database by Employers

    You shall use the SKILLPILLAR website as provided in these Terms of Use and in any contract You have with SKILLPILLAR. You shall use the SKILLPILLAR website in accordance with the Privacy Policy and data protection laws, and You agree You shall not further disclose any of the data from SKILLPILLAR website or information therefrom 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 SKILLPILLAR Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

    The SKILLPILLAR website shall not be used:
    1. for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
    2. 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
    3. to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by these Terms of Use.

    10. Additional terms applicable to Job Searchers

    In creating your personal profile you have provided to SKILLPILLAR certain personal information about yourself and a password for your profile. The information provided to SKILLPILLAR must be accurate, complete and current and it is your obligation to ensure that you update such personal information each and every time you use SKILLPILLAR. You are responsible for the safety of your personal information at all times when sharing personal information on and through SKILLPILLAR.

    You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by the user on SKILLPILLAR. You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your SKILLPILLAR account or Your SKILLPILLAR account is terminated, all Your account information from SKILLPILLAR, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from SKILLPILLAR's databases and will be removed from any public area of the SKILLPILLAR Sites. Information may continue to be available for some period of time because of delays in deletion through SKILLPILLAR. In addition, third parties may retain saved copies of Your Information.

    SKILLPILLAR reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

    You hereby grant to SKILLPILLAR a worldwide, irrevocable, royalty-free license to use, store, modify, reproduce, aggregate with other information, distribute, communicate, publish, publicly perform, display, and create derivative works from, any content, information and material that you provide through SKILLPILLAR (“User Content”) and to sublicense (through multiple layers) all of the foregoing. You also hereby waive, and agree to cause all authors to waive, in favour of SKILLPILLAR all moral rights (or other similar rights of authorship) in the User Content. This license and waiver continue even if you stop using SKILLPILLAR and survive any termination of the Terms of Use. You represent and warrant that you have all the necessary rights and consents to grant SKILLPILLAR the licenses to the User Content set out in the Terms of Use. You agree that SKILLPILLAR will exclusively own, and may freely use, all feedback, suggestions, or ideas that you provide to SKILLPILLAR, all without any accounting to you.

    11. No Resale or unauthorized commercial use.

    SKILLPILLAR and its licensors retain ownership of, and title to, all copyrights, trademark rights, patent rights, trade secret and confidential information rights and all other intellectual property and other proprietary rights in and to SKILLPILLAR, including the contents, data, information and other material available on SKILLPILLAR (the "Content"), including names, words, text, titles, phrases, logos, icons, graphics, layouts, images, designs, software, methods and processes and all other material (including information submitted by other Users). SKILLPILLAR and the Content are protected by law against unauthorized copying and use and, except as expressly provided in the Terms of Use, no license to SKILLPILLAR or any Content is granted to you. You may not copy, alter, display, sell or distribute the Content or use it in any manner not expressly permitted by the Terms of Use. Without limiting the generality of the foregoing, you may not use the Content on any other website or in a networked computer environment, and you may neither copy nor adapt the code that SKILLPILLAR has created to generate its pages. SKILLPILLAR, SKILLPILLAR.com, and certain other names, words, titles, phrases, logos, icons, graphics or designs or other content appearing on SKILLPILLAR may be trade names or trade-marks owned or licensed by SKILLPILLAR. The display of trade-marks and trade names on SKILLPILLAR does not imply that a licence of any kind has been granted to you or anyone else.


    12. Indemnity

    YOU AGREE TO INDEMNIFY, AND HOLD HARMLESS SKILLPILLAR, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF SKILLPILLAR (INCLUDING THE CONTENT THEREOF) OR YOUR BREACH IF THE TERMS OF USE.

    13. No Warranty

    IF YOUR USE OF ANY SKILLPILLAR SITE OR THE SKILLPILLAR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, SKILLPILLAR IS NOT RESPONSIBLE FOR THOSE COSTS. THE SKILLPILLAR SITES AND SKILLPILLAR CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SKILLPILLAR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKILLPILLAR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SKILLPILLAR CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

    SKILLPILLLAR (INCLUDING THE “INFORMATION” AS DEFINED ABOVE) IS PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH TO THE FULLEST EXTENT PERMITTED BY THE LAW, SKILLPILLAR EXPRESSLY DISCLAIMS, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF CONDITIONS, QUALITY, USEFULNESS, DURABILITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SKILLPILLAR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF INFORMATION AVAILABLE ON SKILLPILLLAR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKILLPILLAR DOES NOT REPRESENT OR WARRANT THAT SKILLPILLLAR WILL OPERATE ERROR-FREE, THAT SKILLPILLLAR HAS MADE NO TYPOGRAPHICAL OR OTHER ERRORS OR THAT SKILLPILLLAR IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL AND DISRUPTIVE MECHANISMS.

    Nothing posted or otherwise appearing on SKILLPILLAR shall be considered an endorsement, representation or warranty with respect to any Users or third parties, whether in regard to its website, products, services, hiring experience, employment or recruitment practices, or otherwise.

    14. Limit of Liability

    BY USING SKILLPILLAR AND ACCEPTING THE TERMS OF USE YOU AGREE THAT YOU ARE USING SKILLPILLAR SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL SKILLPILLAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SERVICE PROVIDERS, AFFILIATES, LICENSORS, SUCCESSORS, OR ASSIGNS (A “SKILLPILLAR PARTY”), BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING: ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR FOR ANY LOSS OF USE, REVENUE OR PROFIT; OR LOSS OR DAMAGE OF DATA, HARDWARE OR SOFTWARE; OR DELAY OR INABILITY TO USE SKILLPILLAR; OR ANY OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES), IN EACH CASE ARISING OUT OF OR RELATING TO, DIRECTLY OR INDIRECTLY, THE TERMS OF USE OR SKILLPILLAR (INCLUDING THE CONTENT AS DEFINED ABOVE), AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR EQUITY OR UNDER ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF ANY SKILLPILLAR PARTY. 

TO THE FULLEST EXTENT POSSIBLE BY LAW, SKILLPILLAR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SKILLPILLAR WEBSITE OR YOUR USE OF THE SKILLPILLLAR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

    15. Governing Law

    The Terms of Use shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada as may be applicable. You submit to the exclusive jurisdiction of the Courts of the Province of New Brunswick, Canada as the proper and most convenient forum for the final determination of any matters in dispute and waive any objections based on venue in any such claim, action or proceeding.

    16. General

    Except where expressly provided in (each, “Additional Terms”): additional Terms of Use of use for specific SKILLPILLAR services or features; a particular legal notice; or an additional agreement between you and SKILLPILLAR, the Terms of Use constitute the entire agreement between SKILLPILLAR and you with respect to the subject matter hereof. Certain areas of SKILLPILLAR may be subject to Additional Terms. By using such areas, or any part thereof, you agree to be bound by the Additional Terms of use applicable to such areas.

    In the event of any conflicts or inconsistencies between the Terms of Use and any Additional Terms, the Terms of Use will prevail except to the extent the Additional Terms expressly state that they will prevail over the Terms of Use or over an applicable section of the Terms of Use.

If any provision(s) of the Terms of Use are found to be invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

    
 No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, SKILLPILLAR’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect SKILLPILLAR’s ability to enforce such term at any point in the future.

Except as expressly provided in an additional agreement, additional Terms for certain areas of the SKILLPILLAR Sites, a particular "Legal Notice," or software license or material on particular pages on the SKILLPILLAR Sites, these Terms constitute the entire agreement between You and SKILLPILLAR with respect to the use of the SKILLPILLAR Sites. No changes to these Terms of Use shall be made except by a revised posting on this page.


    17. Mobile Services

    In the event you use SKILLPILLAR through a mobile device You agree that information about Your use of the SKILLPILLAR Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the SKILLPILLAR Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the SKILLPILLAR Sites using a mobile device, You represent that to the extent You import any of Your SKILLPILLAR data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your SKILLPILLAR account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the SKILLPILLAR Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the SKILLPILLAR Sites are available and the terms for these services for Your specific mobile devices.

    18. Terms and Termination

    These Terms of Use, as may be amended from time to time, will remain in full force and effect while you are a user of SKILLPILLAR. SKILLPILLAR reserves the right, in its sole discretion, to pursue all legal remedies, including but not limited to your removal as a User of SKILLPILLAR and the removal of your user profile from the SKILLPILLAR website. Breach of these Terms of Use will immediately impact your use of SKILLPILLAR and such aforementioned actions to the full extent of the law. Upon termination of your use of SKILLPILLAR, certain provisions of these Terms of Use shall remain in effect, in particular s. 3, 6-16.

    SKILLPILLAR respects the intellectual property of others and asks all of its Users to do the same and shall include the unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. All SKILLPILLAR Users hereby agree to respect the copyright rights of others and shall not breach such rights in their Use of SKILLPILLAR.

    SKILLPILLAR reserves the right, in its sole discretion, to take any such action against a User of SKILLPILLAR who is breach of the copyright rights of another, including their removal from SKILLPILLAR as a User and deletion of their User profile from the SKILLPILLAR website.

    Notwithstanding the foregoing, in the event that a User believes they have been limited access to SKILLPILLAR without cause, please contact SKILLPILLAR as set out in Section 19 below.

    19. Comments / Notice

    Any notice to be delivered to SKILLPILLAR or comments or questions regarding SKILLPILLAR shall be directed to:

    MANAGER – ONLINE SERVICES
    PO Box 22063
    Landsdowne Avenue
    Saint John, NB E2K 4T7





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