Terms of Use

Acceptance:

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and O5 Systems, Inc. O5 Systems, Inc. is the owner and operator of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website. By clicking “I accept” below, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Website. O5 Systems, Inc. reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time,  and by clicking “I accept” to the revisions, you accept the modification.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Not professional advice:

Content on the Website is for information purposes only. It is not, and should not be taken as consulting or other professional advice. You should not rely on, or take or fail to take any action, based upon this information.

Copyright:

All materials displayed or otherwise accessible through this Website (collectively, “Content”) are protected by copyright law, and are owned by O5 Systems, Inc. or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of O5 Systems, Inc.

Limited 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.

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 O5 Systems, Inc. of the contents of such third-party websites. O5 Systems, Inc. is not responsible for the content of any third-party website, nor does it make any representation or warranty 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.

Limitation of Liability:

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL O5 SYSTEMS, INC., 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 OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS ARISING FROM YOUR USE OF, RELIANCE UPON, OR INABILITY TO USE THE WEBSITE OR THE CONTENT, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF O5 SYSTEMS, INC. KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of warranties:

THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS”. WHILE O5 SYSTEMS, INC. ENDEAVORS TO PROVIDE CONTENT THAT IS CORRECT, ACCURATE AND TIMELY, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE WEBSITE AND/OR THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, TIMELY OR SUITABLE FOR ANY PARTICULAR PURPOSE, (II) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED, (IV) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (V) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK AND LIABILITY.

Security:

Any information sent or received over the Internet is generally not secure. O5 Systems, Inc. cannot guarantee security or confidentiality of any communication to or from the Website.  There is no such thing as perfect security.

Trademarks:

Ideal Candidate is the property of O5 Systems, Inc. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of O5 Systems, Inc. or third parties. The display of third party trademarks on the Website should not be taken to imply any relationship or license between O5 Systems, Inc. and the owner of said trademark or to imply that O5 Systems, Inc. endorses the wares, services or business of the owner of the said trademark.

Prohibited Actions.

You agree not to:  (a) decompile, reverse engineer, disassemble, modify, reduce the Website to human perceivable form or create derivative works based upon the Website or any part thereof; (b) disable any licensing or control features of the Website; (c) introduce into the Website any virus or other code or routine intended to disrupt or damage the Website, or alter, damage or delete any Content, or retrieve or record information about the Website or its users; (d) merge the Website or Content with another program or create derivative works based on the Website or Content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Website or Content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to the Website to others; (g) use, or allow the use of, the Website or the Content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Website.  Except as expressly provided herein, O5 Systems, Inc. and the third parties reserve all rights with respect to the Website, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Prohibition on Scripts, Bots, Third Parties, etc.

You shall not access or use the Website by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Website.

Governing Law and Jurisdiction:

With respect to Canadian residents, , you agree that all matters relating to your access to, or use of, the Website and its Content 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.

With respect to U.S. residents, you agree and hereby submit to the non-exclusive jurisdiction of the state and federal courts located in Hennepin County in the State of Minnesota with respect to all matters relating to your access to and use of the Website.

Termination:

O5 Systems, Inc. may, in its sole discretion, cancel or terminate your right to 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. O5 Systems, Inc. shall not be liable to any party for such termination.

Entire Agreement:

Except for any agreement in respect of Content, this is the entire agreement between you and O5 Systems, Inc. relating to your access and use of the Website and the Content herein. 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.

Personal Privacy:

  1. I consent to O5 Systems, Inc. collecting, using, and disclosing personal information about me for the following purposes:

(i) to be able to communicate with me regarding the services that O5 Systems, Inc. provides, and to provide me with additional information from time to time O5 Systems, Inc. thinks would be of interest to me including contests, promotions, job search information, newsletters, and job search suggestions;

(ii) to include my personal information in O5 Systems, Inc. ’s database, and to use and process the personal information for the purposes of facilitating the analysis of matches between candidates and employers;

(iii) to provide my contact and other personal information to a potential employer after I have been notified of a match and after I agree to provide my information to the potential employer; and

(iv) if you asked by your employer to create an O5 Systems, Inc. profile, you agree to provide your O5 Systems, Inc. profile to your current employer, including the score of your personality assessment and other ratings statistics.

  1. O5 Systems, Inc.’s duly authorized employees, representatives, and agents will only access my personal information to the extent necessary to perform their functions, execute their mandate, or ensure proper functioning of the analytics program.
  1. My personal information will be stored and processed on servers located in the United States.
  1. I can consult my personal information by submitting a written request to privacy@idealcandidate.com. I may also request, where appropriate, changes to any personal information. A response will be given within 30 days of your request. If, for any reason, the request for access or rectification of my personal information is refused, the grounds for such refusal will be communicated to me in writing.
  1. I understand that O5 Systems, Inc. ’s Privacy Policy is posted on its website at www.idealcandidate.com/privacy, and I agree to be bound by the Privacy Policy as it changes from time to time. I can contact privacy@idealcandidate.com for more details or if I have questions.

Potential Employers

By clicking “I Accept,” you agree that the sole purpose for obtaining information from Ideal Candidate is for the sole purpose of looking for potential candidates to be screened through your own processes.  You understand and agree that the information provided by the candidates over whom O5 Systems, Inc. exercises no control and that O5 Systems, Inc. provided such information on an “AS IS” basis.  You expressly agree to the Limitation of Liability and Disclaimer of Warranty provisions in this Agreement.

YOU EXPRESSLY AGREE THAT: in purchasing access to the Website for the sole purpose of looking for potential candidates to be screened through your own processes, you agree that you are paying O5 Systems, Inc.  the amount indicated so that O5 Systems, Inc. will send an email message indicating your interest to the email address that the relevant resume submitter has provided. O5 Systems, Inc. does not guarantee that the email address is still in use, that the email is received, that the email is read, that the email is acted upon by any potential candidate or that the candidate’s resume is valid in all respects.

O5 Systems, Inc. will not solicit any employee used to create a talent benchmark for the Employer or cause or otherwise encourage such employee to cease his or her employment with the Employer.  Those employees can however freely create their own O5 Systems, Inc. profile separately.

 Must Be At Least 18 Years Old to Use This Website.

At this Website O5 Systems, Inc. makes no active effort to collect personal information from individuals under the age of eighteen (18).  O5 Systems, Inc. requires that Website users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).

Contact Us

For further information, or inquiries about this Agreement, please contact:

26 Soho Street, 204
Toronto, ON, M5T 1Z7
Canada
1-800-693-1076
contact@idealcandidate.com

March 19th, 2015

BY CREATING AND USING AN O5 SYSTEMS ACCOUNT I AGREE I AM OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND AGREE TO ITS TERMS.