2. Changes to this Site
ITI 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 (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials 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. ITI has the right, in its sole discretion, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Licensed Use and Restrictions
The Site may be used only for lawful purposes (a) by individuals and companies seeking BC technology news, event listing information, company directory listing information, technology stock information, financial and financing information, employment and career information, (b) by employers ("Employers") and recruitment companies ("Recruiters") seeking employees, and (c) by job seekers ("Candidates") seeking employment. You agree to use the Site only to send Content and receive Materials that are proper and related to the purpose of this Site.
sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial (other than your internal use) purpose, including without limitation use of the Materials on any other web site;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
copy job listing or other information from the Site and post or place it on a competitor's website;
transfer the Materials to any other person without the written consent of ITI;
print or copy any of the HTML or other computer programs that are accessible at this Site;
use this Site in any manner that could damage, disable, overburden or impair this Site;
interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites;
upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure;
- use any data mining, robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
use or attempt to use another's account, password, service, system or other information without prior written authorization from ITI;
create or use a false identity on this Site;
attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access;
harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or
register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post certain Content to the Site. You may only post Content for the lawful, stated purposes of this Site. While using the Site, you agree not to do any of the following without our prior written authorization:
post any inaccurate, untimely, stale, incomplete or misleading information;
post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume;
post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office;
post any employment opportunities that are not technology-related, or are outside a technology-related field or organization;
repost job postings in an effort to gain priority placement, copy other job postings as your own, post the same position multiple times on the Site or post multiple positions within one posting;
place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to ITI’s services;
post any employment opportunity that does not contain a company URL, e-mail address or "apply online" application;
share passwords, login information or named user identification or otherwise allow multiple offices or users to access the Site and Services on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the Site or Services;
allow job postings or employment requirements to remain posted on the Site for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate placement, the posting must be removed from the Site until such time as the position is a viable opening;
send unsolicited email messages (commercial or otherwise) ("spamming") or engage in flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to ITI job seekers or subscribers or users of the Site;
express or imply that any statements you make are endorsed by ITI;
impersonate any person or entity, including, without limitation, a ITI employee or agent, a user of ITI’s services, including a Candidate, placement specialist or an Employer, or otherwise misrepresent your affiliation with any person or entity;
respond to a job listing on behalf of anyone other than yourself;
delete or revise any material posted by any other person or entity;
use the Site for any unlawful commercial, research or information gathering purposes;
communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities;
"frame" or "mirror" any part of the Site; or use, frame or utilize framing techniques to enclose any ITI trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page), or use any meta tags or any other "hidden text" utilizing a ITI name, trademark, or product name;
link to any page of or material on the Site other than the URL located at http://www.bctechnology.com;
print out or otherwise copy or use any personally identifiable information about Candidates for purposes other than consideration of the Candidates for potential employment by you or your company;
post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership," distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents;
post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or intellectual property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
post opinions, notices or advertisements, commercial or otherwise or solicit business from Recruiters or Employers who post on the Site, including any solicitation by any of our competitors of Recruiters or Employers who post on the Site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials.
4. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell or make available to any person not expressly licensed by ITI, whether via phone, fax, e-mail, mail or any other medium, or exploit for any commercial (other than your internal use) purposes any portion of the Services, use of the Services, or access to the Services or any information obtained therefrom, including without limitation the job listings, resumes or Candidate information.
7. Registrants’ Obligations to Supply Information
You agree to supply ITI with accurate, up-to-date and complete information when required. You agree to update this information as needed. ITI has the right to terminate your registration and account if ITI believes you have provided false documentation or if your account has remained unused for an extended period of time.
8. Username and Password
You must supply a username and password to gain access to some portions of the Site or Services. You retain the responsibility for keeping this information confidential. You also retain the responsibility for any and all actions that take place using your account. You agree to immediately notify ITI of any unauthorized use of your password or account or any other breach of security. ITI cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
9. Proprietary Rights
The Site, including all pages and all code related thereto, is the property of ITI. Except as expressly provided herein, ITI does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of ITI.
All copyrighted and copyrightable material on this Site, including, without limitation, the Site design, Materials, illustrations, designs, graphics, pictures, sound files and other files, and the selection and arrangements ("Site Materials") thereof, that appear herein are ALL RIGHTS RESERVED © 1997-2006 ITI, Inc. and/or its third party providers, suppliers and licensors. Except as stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ITI or the respective copyright owner. You may not, without the permission of ITI or the respective copyright owner, (a) copy, publish, or post any Site Materials on any computer network or broadcast or publications media, (b) modify the Site Materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the Site Materials.
All trademarks, service marks, trade dress, logos and trade names used and displayed on this Site are either owned by ITI and/or its third party providers, suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ITI or its third party providers, suppliers or licensors. The following are trademarks and/or service marks owned by ITI that are not yet registered: ITI, ITI Alaska, BCTechnology, www.bctechnology.com, ITI 20, ITI 100, ITI 100 Awards Program, Hot Job Of The Week and the ITI logo. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ITI, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ITI.
Any software, as well as any files, images generated by such software, code and data accompanying such software (collectively "Software"), used or accessible through this Site is the copyrighted work of ITI or its licensors. You are licensed to use the Software on a non-exclusive basis in connection with your permitted use of the Site. You may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
10. Links and Third Party Content
The Site contains links to third party Web sites. These linked Web sites are not under the control of ITI. These links are provided only as a convenience to you and not as an endorsement by ITI of the contents of such third party Web site. ITI does not make any representations, warranties or conditions regarding the accuracy of materials on such third party Web sites, the information appearing thereon or any of the products or services described. Links do not imply that ITI sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ITI. If you access third party Web sites, you do so at your own risk and it is your responsibility, not the responsibility of ITI, to take any and all appropriate protective measures before linking to these third party Web sites, including without limitation to guard against viruses and other destructive elements. ITI is not responsible for the contents of any page linked to the Site or any other page not under its control.
You acknowledge that any use of or reliance on this Site, the Services or any Materials shall be at your sole risk. ITI makes no representation, warranty or condition of any kind regarding the Site, the Services and/or the Materials, including with respect to the information provided by third parties, all of which are provided on an "AS IS" basis. ITI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ITI DOES NOT WARRANT THAT THE SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a byline, identification of publication source, or any other sort of third-party identifier, including the columns published on the Site, is provided by third parties on an "As Is" basis, and ITI does not review it. ITI and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.
ITI does not screen or censor the listings offered or the information provided. As a result, ITI has no control over the quality, safety or legality of the jobs or resumes or other information posted, the truth or accuracy of the listings or information, the ability of Recruiters or Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users (including without limitation Employers, Recruiters and Candidates) or persons with whom you come in contact through the Site.
Because user authentication on the Internet is difficult, ITI cannot and does not confirm that each user (including without limitation Employers, Recruiters and Candidates) is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Site, in the event that you have a dispute with one or more such users, you release ITI (and its agents and employees) from all claims, demands and damages 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.
ITI is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. ITI does not guarantee, and makes no representations, warranties or conditions as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk.
ITI shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site.
ITI assumes no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, including, data, text, and images from this Site.
12. Limitation of Liability
YOU AGREE THAT ITI AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE SERVICES, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF ITI, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that ITI’s maximum aggregate liability for damages arising out of or related to this Agreement shall be limited to $100.
14. Choice of Law and Jurisdiction
Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through any court having jurisdiction.