Terms of Use

This website (the “Website”) is owned and operated by TES (The Employment Solution). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Terms of Use Agreement (the “Agreement”) between you and TES. If you do not accept these terms and conditions, you must not access or use the Website.

Amendments:

TES reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of the revised terms. You should visit this page periodically to review this Agreement.

Intellectual Property:

By accessing and using the Website, you expressly acknowledge that the TES Jobfinder, and all other materials, resources and functions on this Website (collectively “Content”) have been designed, programmed, compiled and prepared by TES through the expenditure of substantial time, effort and money, and therefore constitute valuable intellectual property of TES. The website and all associated copyrights and trademarks, including the look and feel, the design, the functional specifications and programming code, and all technical elements that are intrinsic to the Website, shall remain at all times the property of TES. Except as granted in the limited license herein, any use of the Content on the Website, including modification, transmission, presentation, distribution, republication, or exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of TES.

License:

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.

Privacy Policy:

All personal information submitted to TES becomes subject to TES’s Privacy Policy. By accessing or using this Website, you warrant that you have read and that you understand TES’s Privacy Policy.

Information Submitted to the Website:

Portions of the Website are password protected to help safeguard member information. A password chosen by the user provides access to the site. As members of the TES online community, users have access to their own information, the ability to submit job orders, plus additional information and tools. TES reserves the right to change passwords at any time to protect the security of the Website. TES requires that you select a secure password for accessing the Website and keep it confidential.

Links:

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by TES of the contents of such third party sites. TES makes no representations or warranties of any kind regarding any third party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third party website, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, and (iii) any representation or warranty that the operation of the third party website will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components. And use of sites linked to on the Website is at your own risk.

Limitation of Liability:

Subject to applicable law, in no event shall TES, or its partners, employees or agents be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss of business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Website, regardless of the cause and whether arising in contract, tort (including negligence), or otherwise. The foregoing limitation shall apply even if TES knew of or ought to have known of the possibility of such damages.

Disclaimer of Warranties:

The materials on TES’s website are provided “as is”. Any representations and warranties made on this Website or in this Terms of Use Agreement are in lieu of any other warranties or conditions, express or implied, orally or in writing, respecting the Website. Without limiting the generality of the foregoing, TES specifically does not warrant or provide any guarantee that:

the material on the website will be of merchantable quality or fit for a particular purpose;
the Website will operate uninterrupted or error-free; or
the Website will be free from viruses or harmful components; or
communications to or from the Website will be secure and not intercepted.

You acknowledge and agree that you are using the Website at your own risk and liability.

Security:

By using and accessing the Website, you acknowledge that there are inherent security risks when using the Internet, including system and network failure. TES cannot guarantee security or confidentiality of any communication to or from the Website.

Attornment:

By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and the materials on the Website shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website.

Termination:

TES reserves the right, in its sole discretion, to revoke, suspend or terminate your license to access and use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination. TES shall not be liable to any party for such termination.

Severability:

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

Waiver:

No delay or omission by TES to exercise any right or power it has under this Terms of Use Agreement shall impair any such right or power or be construed as a waiver of any breach of this Agreement. All waivers must be in writing and signed by the party waiving its rights.