CareerBeacon.com

1. Introduction

The following terms and conditions (the "Terms and Conditions") outline the manner in which you may use CareerBeacon^tm, CareerBeacon.com, JobBeacon.com, MyBeacon, CareerBeaconXpress (CBX) and Virtual Career Fair. CareerBeacon^tm, CareerBeacon.com, JobBeacon.com, MyBeacon, CareerBeaconXpress, CBX and Virtual Career Fair are owned by Brunswick News Inc., a division of J.D. Irving, Limited (collectively "CareerBeacon"). If you do not accept the Terms and Conditions, you may not use CareerBeacon or any of the services or features offered by CareerBeacon (the "Services"). IF YOU ACCESS AND CONTINUE TO USE CAREERBEACON OR ANY OF THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DO NOT USE CAREERBEACON OR ANY OF THE SERVICES. Please read the Terms and Conditions carefully.

2. Changes to Terms and Conditions

CareerBeacon reserves the right to change the Terms and Conditions at any time with such changes taking effect immediately upon such revised Terms and Conditions being posted to or made available at CareerBeacon. Consequently, you should read the Terms and Conditions each time you access CareerBeacon or use any of the Services. At all times, your access to and continued use of CareerBeacon or any of the Services indicates your binding acceptance of the Terms and Conditions as they may be amended from time to time. The Terms and Conditions were last modified on May 2, 2007.

3. Changes to CareerBeacon Content or Services

At any time, CareerBeacon may change, terminate or discontinue any aspect of the Services, including, without limitation: (a) changing any such Services without notice or liability; (b) changing applicable fees or charges for existing Services, or introducing new fees in relation to existing or new Services; (c) modifying, changing or otherwise altering any personal or other information or content found on CareerBeacon; and (d) limiting access to certain Services, or restricting access entirely without notice or liability in CareerBeacon's sole and complete discretion. CareerBeacon retains the right, but is under no duty, to correct any errors or omissions relating to any of its Services at any time without providing notice thereof.

4. Privacy Policy

You agree to be bound by CareerBeacon's privacy policy (the "Privacy Policy"), which is also posted on our site . The Privacy Policy is incorporated by reference herein and consequently forms part of the Terms and Conditions.

5. Authorized Uses of CareerBeacon

CareerBeacon may only be used for lawful purposes by employers, professional recruiters and human resources professionals (collectively "Employers") seeking to recruit employees, and by prospective employees ("Prospective Employees") seeking employment and career information and applying for employment (the "Authorized Uses"). All Employers, Prospective Employees and any other individuals, corporations or partnerships that visit CareerBeacon or use the Services are referred to as "Users" herein. You agree and accept that you are solely responsible for any and all actions, communications and postings undertaken or transmitted while using CareerBeacon and you agree to fully comply with all applicable laws, the Authorized Uses and the Privacy Policy in respect of the personal and other information available on CareerBeacon. Subject to the Terms and Conditions, CareerBeacon grants you a non-exclusive, non-transferable, limited right to access, use and view CareerBeacon and the Services solely for the Authorized Uses.

6. Prohibited Uses of CareerBeacon

Any use of CareerBeacon, which is outside the scope of the Authorized Uses is strictly prohibited. Without limiting the generality of the foregoing, the following activities constitute prohibited uses which violate the Terms and Conditions:

	(a)	Using CareerBeacon in a manner that infringes or threatens to infringe the copyright, trade-mark, trade secret or other intellectual property rights of others, or violates or threatens to violate the privacy, publicity or other personal rights of others;

	(b)	Violating or attempting to violate the security of CareerBeacon including, without limitation (i) accessing personal or other information not intended for such User or logging into an account which the User has no prior authorization from CareerBeacon to access; (ii) impersonating any person or entity, including, without limitation, a CareerBeacon employee or agent, an Employer or a Prospective Employee, or otherwise misrepresenting your affiliation with any person, corporation, partnership or other entity; (iii) attempting to search for, scan or test CareerBeacon's potential system or network vulnerabilities or to breach security or authentication measures; (iv) attempting to interfere with the Services available to any User, host or network, including, without limitation, submitting a virus, Trojan horse, worm, spider, spyware, malware or other harmful, disruptive or destructive file to CareerBeacon, or overloading, "flooding", "spamming", "mailbombing", "crashing" or using any device, software or routine to interfere or attempt to interfere with the proper working of CareerBeacon; or (v) sending spam, chain letters, junk mail or any other type of un-solicited email or communications, including promotions and/or advertisements for products or services;

	(c)	Posting or transmitting any personal or other information which is inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous;

	(d)	Accessing or using any of the Services if they have not attained legal working age in the jurisdiction in which they reside;

	(e)	Except as specifically authorized by CareerBeacon, selling, reproducing, modifying or attempting to modify any personal or other information obtained through CareerBeacon in any way, or reproducing or publicly displaying, distributing or otherwise using such information for any public or commercial purpose including, without limitation, use of such information on any other website;

	(f)	Except as specifically authorized by CareerBeacon, transferring any personal or other information obtained through CareerBeacon to any other person, partnership, corporation or third party;

	(g)	Printing or copying any of the computer programs used by CareerBeacon to support the Services;

	(h)	Creating or using a false identity on CareerBeacon, or posting false, misleading or inaccurate personal or other information including, without limitation, personal profiles, resumés, cover letters or false employment opportunity postings;

	(i)	Collecting, using or disclosing information about others without their consent, except for the stated purposes provided by CareerBeacon;

	(j)	Using 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;

	(k)	Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity on CareerBeacon which requires an up front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents;

	(l)	Using CareerBeacon to solicit business from Employers who post employment opportunities on CareerBeacon including, without limitation, any solicitation by any competitors of CareerBeacon;

	(m)	Posting employment opportunities or other information on CareerBeacon for any competitor of CareerBeacon or posting employment opportunities or other information that contains links to any website that competes, either directly or indirectly, with CareerBeacon as determined by CareerBeacon in its sole and absolute discretion;

	(n)	Using or attempting to use any engine, software, tool, agent or other device or mechanism to navigate or search CareerBeacon other than the search engine and search aids made available by CareerBeacon and widely used third party web browsers (i.e. Microsoft Explorer, Netscape Navigator, Firefox, etc.)

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

7. Registration and Password

As part of the registration process, you will select a password and provide certain personal and other information about yourself. You must provide accurate, complete and current registration information and you agree to promptly provide CareerBeacon with any changes to such information. You are responsible for preserving the confidentiality of your registration information and password which is used by you to access non-public areas of CareerBeacon. Your responsibility extends to all uses of your account regardless of whether such uses have been authorized by you.

8. Links and Connections to other Websites and Third Party Information

CareerBeacon offers several links and connections to other websites which are not controlled in any way by CareerBeacon. Such links and connections to other websites are provided only as a convenience to you and not as an endorsement by CareerBeacon of the practices and contents of any such other websites or a statement of the accuracy or completeness of the information provided on any such other websites. If you use any link or connection to another website, you will immediately be transferred to that website. You visit third party websites available through links and connections from CareerBeacon at your own risk and must take all precautions to guard against viruses and other destructive mechanisms to which you may be exposed by linking or connecting to such other websites.

9. Proprietary Rights

The contents, information and material available on CareerBeacon, including without limitation names, words, text, titles, phrases, logos, icons, graphics, layouts, images, designs, software, methods and processes and all other material (the "Information") is the property of CareerBeacon or its content suppliers or clients and is protected by Canadian and other copyright laws and international treaties where applicable. Except for the limited license granted to you in the Terms and Conditions, CareerBeacon does not grant any other express or implied licence to you with respect to the Information, including any patent, trade-mark or copyright. You may not copy, alter, display, sell or distribute the Information or use it in any manner not expressly permitted by the Terms and Conditions. Specifically, without limiting the generality of the foregoing, you may not use the Information on any other website or in a networked computer environment, and you may neither copy nor adapt the HTML code that CareerBeacon has created to generate its pages. CareerBeacon^tm, CareerBeacon.com, JobBeacon.com, MyBeacon, CareerBeaconXpress, CBX, Virtual Career Fair and certain other names, words, titles, phrases, logos, icons, graphics or designs or other content appearing on CareerBeacon may be trade names or trade-marks owned by Career Beacon or licensed to it. The display of trade-marks and trade names on CareerBeacon does not imply that a licence of any kind has been granted to anyone else. The Information is for your personal and internal company use only. Any unauthorized downloading, re-transmission, deletion, copying or modification of trade-marks and/or other contents of CareerBeacon may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action.

10. Disclaimers

CareerBeacon acts solely as a channel through which Employers and Prospective Employees acquire and exchange User-submitted personal and other information. CAREERBEACON IS NOT AN EMPLOYMENT AGENCY OR RECRUITMENT FIRM, AND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF CAREERBEACON IN MEETING THE EMPLOYMENT OBJECTIVES OR EXPECTATIONS OF USERS. CAREERBEACON DOES NOT GUARANTEE THAT POSTINGS BY USERS WILL RESULT IN CANDIDATES BEING HIRED OR POSITIONS BEING FILLED, AND PLAYS NO ROLE IN AND ACCEPTS NO RESPONSIBILITY FOR ANY EMPLOYMENT DECISIONS MADE BY ANY USER.

CAREERBEACON ASSUMES NO RESPONSIBILITY FOR PERSONAL AND OTHER INFORMATION POSTED BY USERS AND NO RESPONSIBILITY FOR THE ACTIVITIES, OMISSIONS OR OTHER CONDUCT OF USERS. CAREERBEACON DOES NOT SCREEN, MONITOR OR VERIFY PERSONAL OR OTHER INFORMATION POSTED BY USERS, WHICH IS POSTED ON AN "AS IS, WHERE IS" BASIS. CAREERBEACON ALSO HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF PERSONAL OR OTHER INFORMATION POSTED BY USERS, THE TRUTH OR ACCURACY OF EMPLOYMENT POSTINGS, THE ABILITY OF EMPLOYERS TO OFFER POSITIONS TO PROSPECTIVE EMPLOYEES OR THE ABILITY OF PROSPECTIVE EMPLOYEES TO FILL SUCH POSITIONS. CONSEQUENTLY, YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH CAREERBEACON. USERS ARE SOLELY RESPONSIBLE FOR THE PERSONAL AND OTHER INFORMATION THEY POST ON CAREERBEACON AND FOR MAKING ALL NECESSARY INQUIRIES TO VERIFY AND CONFIRM THE ACCURACY, TRUTHFULNESS AND CURRENCY OF PERSONAL AND OTHER INFORMATION THAT MAY BE AVAILABLE TO THEM THROUGH CAREERBEACON UPON WHICH YOU MAY RELY OR INTEND TO RELY. If CareerBeacon is notified by a User of a posting which allegedly does not conform to the Terms and Conditions, CareerBeacon may investigate the allegation and determine, in its sole discretion, whether such posting does not conform to the Terms and Conditions and remove or request the removal of such posting; however, CareerBeacon has no liability or responsibility to Users to perform such activities. In its sole discretion, CareerBeacon may take any action with respect to User-submitted personal or other information that it deems necessary or appropriate.

11. No Warranty

CAREERBEACON'S SERVICES ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY THE LAW, CAREERBEACON DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF CONDITIONS, QUALITY, USEFULNESS, DURABILITY, PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CAREERBEACON MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF PERSONAL OR OTHER INFORMATION AVAILABLE ON CAREERBEACON, OR ITS SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS AND CONNECTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAREERBEACON DOES NOT WARRANT THAT ITS SERVICES WILL OPERATE ERROR-FREE, THAT CAREERBEACON HAS MADE NO TYPOGRAPHICAL OR OTHER ERRORS OR THAT CAREERBEACON AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL AND DISRUPTIVE MECHANISMS.

Nothing posted or otherwise appearing on CareerBeacon 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.

12. No Liability

BY ACCESSING AND USING CAREERBEACON, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICES SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL CAREERBEACON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF CAREERBEACON, BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES), WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH OR RELATED TO YOUR ENTERING, BROWSING OR IN ANY MANNER USING CAREERBEACON, OR ANY CONTENT, PERSONAL OR OTHER INFORMATION, OR MATERIAL ASSOCIATED THEREWITH REGARDLESS OF WHETHER OR NOT ANY SUCH LOSSES OR DAMAGES ARISE IN CONNECTION WITH CLAIMS BASED IN CONTRACT, TORT, OR EQUITY AND REGARDLESS OF WHETHER ANY SUCH LOSSES AND DAMAGES ARE CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF CAREERBEACON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF CAREERBEACON. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAREERBEACON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTIES INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF CAREERBEACON SHALL IN NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES, ARISING AS A RESULT OF OR RELATED TO ANY LOSS OR DAMAGE TO DATA, HARDWARE OR SOFTWARE ASSOCIATED WITH THE USE OF CAREERBEACON IN ANY MANNER, ANY CLAIMS ARISING OUT OF OR RELATED TO DELAY OR INABILITY TO USE OR ACCESS CAREERBEACON OR ANY LINKS OR CONNECTIONS AVAILABLE THROUGH CAREERBEACON, ANY LOSS OR DAMAGE CAUSED BY TRANSMISSION DEFECTS, VIRUSES, WORMS OR BUGS, OR ANY DAMAGE OR LOSS SUSTAINED AS A RESULT OF THE DOWNLOADING OF ANY TEXT, DATA, PERSONAL OR OTHER INFORMATION OR ANY OTHER MATERIAL FROM CAREERBEACON.

IF ANY EXCLUSION OR LIMITATION ON LIABILITY DOES NOT APPLY TO YOU OR IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, CAREERBEACON'S MAXIMUM LIABILITY TO YOU IN THE AGGREGATE SHALL BE ONE HUNDRED ($100) CANADIAN DOLLARS.

13. Indemnity

BY ACCESSING AND USING CAREERBEACON, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CAREERBEACON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, ASSIGNS, CONSULTANTS OR ANY THIRD OR OTHER PARTY INVOLVED IN THE CREATION AND ONGOING MAINTENANCE OF CAREERBEACON, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS AND/OR PROCEEDINGS (AND ALL DAMAGES, COSTS, AND EXPENSES ASSOCIATED THEREWITH) WHICH ARISES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR YOUR BREACH OF THE TERMS AND CONDITIONS.

14. Governing Law

By accessing and using CareerBeacon, you agree and accept that any Services and the Terms and Conditions shall be governed by the laws of the Province of New Brunswick and the federal laws of Canada as may be applicable. By using CareerBeacon, 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 and/or proceeding.

15. Entire Agreement and Severability

Except where expressly provided in additional terms and conditions of use for specific CareerBeacon Services, a particular legal notice or an additional agreement, the Terms and Conditions constitute the entire agreement between CareerBeacon and you with respect to the subject matter hereof. Certain areas of CareerBeacon may be subject to additional terms and conditions of use. By using such areas, or any part thereof, you agree to be bound by the additional terms and conditions of use applicable to such areas.

In the event of any conflicts or inconsistencies between the Terms and Conditions, the Privacy Policy and any additional terms and conditions of use or other legal notices which may be posted from time to time on CareerBeacon or otherwise made available by CareerBeacon, CareerBeacon will resolve any such conflicts or inconsistencies in its sole and absolute discretion, having regard to the Terms and Conditions, the Privacy Policy and any additional terms and conditions of use or other legal notices which may be posted from time to time on CareerBeacon or otherwise made available by CareerBeacon.

If any provision(s) of the Terms and Conditions 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 and Conditions, which shall remain in full force and effect.

16. Comments

Any comments or questions regarding CareerBeacon may be submitted to:

Jean Nadeau, General Manager
E-mail address: feedback@careerbeacon.com
Mail: CareerBeacon.com
939 Main Street
Moncton, New Brunswick
E1C 8P3
Phone: 1.888.878.7637

TERMS AND CONDITIONS OF USE