Terms

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Introduction

The following Sokanu Member Terms of Use (the “Member Terms”) govern your access to and use of the career assessment services and career advancement publications we make available online at careerexplorer.com (“CareerExplorer”).

These Member Terms form an agreement between Sokanu Interactive Inc. (“Sokanu”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using CareerExplorer (“use” or “using” in these Member Terms will mean any of the foregoing).

By using CareerExplorer, you: (a) represent and warrant that (i) you have reached the age of majority in your jurisdiction or are using CareerExplorer with parental consent, (ii) you have the capacity to enter into binding obligations, and (iii) all information supplied by you to us through CareerExplorer is true, accurate, current, and complete; and (b) agree to be bound by and comply with these member terms, as updated from time to time in accordance with Section 1.

If you are using CareerExplorer on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these member terms.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, applications, services or otherwise.

Changes To These Member Terms And CareerExplorer

  1. The Privacy Policy describes CareerExplorer's policies and procedures regarding the personal information and other data collected through the CareerExplorer Site. By using the CareerExplorer Site, you consent to the terms of this Privacy Policy.
  2. We reserve the right to change CareerExplorer at any time, without notice. We may, at our discretion, suspend your access to or use of CareerExplorer or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Member Terms; or (iii) to address any emergency security concerns.

User Account

  1. To access certain features of CareerExplorer, you will be required to successfully sign up for a user account using the available interfaces of CareerExplorer, and be issued with a username and password login credentials (the “User ID”).
  2. If you are issued with a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.
  3. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing CareerExplorer.
  4. Sokanu is entitled to act on instructions received through your account. Sokanu is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID.

Electronic Communication

  1. When you use or view CareerExplorer or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on CareerExplorer. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  2. By creating an account to access CareerExplorer, you acknowledge and agree that Sokanu will send you service-related e-mails relating to your account, including service updates. These communications can be managed through user features made available through CareerExplorer from time to time.
  3. If you are a member of our mailing list you will also receive email communications from us regarding our products, services and initiatives (including collaborations and partnerships). If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications.
  4. If you sign up through Sokanu to receive special offers regarding products and services from our partners, you authorize us to share your email address and other Personal Information you authorize (as defined in Section 4(d)) with the partner whose offer you wish to receive. If you request these special offers, you acknowledge the partner may also send you future offers that may interest you. You can opt out of future communications from Sokanu by changing your user settings or emailing contact@sokanu.com; you can unsubscribe from future partner communications by following their unsubscribe and opt out instructions. You do not have to agree to participate in these offers in order to use CareerExplorer. You understand that Sokanu may receive financial remuneration in exchange for sharing your email address and other Personal Information you authorize with partners if you choose to sign up for an offer. Once you sign up for an offer, you can change your mind at any time, but if the partner or Sokanu has already relied on your authorization to share your email or other Personal Information for a particular offer, any action already taken cannot be undone.

User Data And Privacy

  1. You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable license to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, CareerExplorer (collectively, “User Data”): (i) to develop, enhance and make available CareerExplorer; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Information”). We are free to create, use and disclose Aggregated Information during and after the Term for any purpose and without obligations of any kind.
  2. Please review our current Privacy Policy, available at https://www.careerexplorer.com/privacy, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Member Terms.
  3. If you are a member of our mailing list you will also receive email communications from us regarding our products, services and initiatives (including collaborations and partnerships). If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications.

Ownership Of CareerExplorer

  1. All right, title and interest, including intellectual property rights, in CareerExplorer and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Sokanu (or our third-party suppliers, if applicable).
  2. CareerExplorer and all materials provided by us hereunder are made available or licensed and not “sold” to you.
  3. CareerExplorer and all other materials provided by us hereunder, including content we make available through or in CareerExplorer, are protected by copyright in Canada, the United States and elsewhere in the world pursuant to the Berne Convention. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of CareerExplorer, the Software or other materials provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.
  4. All rights not expressly granted to you in these Member Terms are reserved by Sokanu.

Additional Terms

Your access to and use of certain functionalities provided in or through CareerExplorer may be subject to additional terms and conditions presented to you by Sokanu or its service providers. Such additional terms and conditions are incorporated herein by reference. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Member Terms, then the provisions of these Member Terms will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Member Terms do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.

Your Responsibilities

You agree to:

  1. keep your User IDs and all other login information confidential;
  2. monitor and control all activity conducted through your account in connection with CareerExplorer;
  3. promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account;
  4. upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law;
  5. use reasonable efforts to prevent unauthorized access to or use of CareerExplorer; and
  6. comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws.

No Unlawful And Prohibited Use

You will not use CareerExplorer in violation of these Member Terms or of any applicable law. You will not, without our prior written permission, use CareerExplorer for any purpose other than to access and use the career advancement services and partner offers we make available through CareerExplorer. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:

  1. disable, overly burden, impair, or otherwise interfere with servers or networks connected to CareerExplorer (e.g., a denial of service attack);
  2. attempt to gain unauthorized access to CareerExplorer, or bypass any measures we may use to prevent or restrict access to CareerExplorer;
  3. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on CareerExplorer any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability; (viii) is designed or intended to obtain password, account, or private information from any other CareerExplorer user; or (ix) contains information about an identifiable individual;
  4. use CareerExplorer or any part thereof to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, promoting any website or use any paid advertising platform to promote links that direct to the Sokanu domain or use the Sokanu trademark;
  5. publish, market, advertise or in any way distribute the content;
  6. share, transfer or otherwise provide access to an account designated for you to another person;
  7. use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile CareerExplorer or any part thereof or otherwise attempt to discover any source code;
  8. use CareerExplorer for the purpose of building a similar or competitive product or service; or
  9. authorize, permit, enable, induce or encourage any third party to do the above.

Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through CareerExplorer. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of CareerExplorer.

Feedback

You agree that any suggestion or idea provided by you (such as suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Member Terms will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you.

CareerExplorer Content

You acknowledge that all content provided on CareerExplorer is for informational purposes only, and may not be relied upon for any reason. Such content does not constitute any professional or consulting services or advice.

Partner Promotions, Third Party Content, Websites, Or Services

As a member of CareerExplorer, you will have access to third party promotions and offers through links, third party content, websites, or services. Likewise, we may allow you to access CareerExplorer from third party systems. Sokanu does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems (including any offers or promotions) are not under Sokanu’s control, and if you choose to access any such content, websites, or services, or to access CareerExplorer from such systems, you do so entirely at your own risk. Sokanu is not responsible for any products or services offered by third parties. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

Malicious Code And Security

The downloading and viewing of content is done at your own risk. We do not guarantee or warrant that CareerExplorer is compatible with your computer system or that CareerExplorer, or any links from CareerExplorer, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of CareerExplorer.

You are prohibited from attempting to circumvent and from violating the security of CareerExplorer including without limitation: (a) accessing content that is not intended for you; (b) attempting to breach or breaching CareerExplorer security or authentication measures; (c) restricting, disrupting or disabling service to CareerExplorer users, hosts, servers or networks by any means, or (d) otherwise attempting to interfere with the proper working of CareerExplorer, including but not limited to by introducing any material that is malicious or technologically harmful.

Disclaimer

The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties, conditions or representations. If these laws apply to you, some or all of the exclusions or limitations in these member terms (including the following disclaimers) may not apply and you may have additional rights.

You acknowledge, understand, and agree that CareerExplorer is provided “as is” and “as available”, with all faults and without warranties or conditions of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to CareerExplorer whether express, implied, statutory or collateral, including, without limitation, the warranties and conditions of merchantability, merchantable quality, compatibility, title, security, reliability, completeness, quiet enjoyment, accuracy, reliability, currency, timeliness, quality, integration, fitness for a particular purpose and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade, or that CareerExplorer is or will be error-free or will operate without interruption. To the fullest extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to third party communications and any third party websites or content directly or indirectly accessed through CareerExplorer.

In the event that there is an interruption or disruption in any of the services offered by Sokanu for whatever reason, even if Sokanu has been made aware of an issue that could result in or is likely to result in an interruption or disruption of services, Sokanu will not be required to issue a refund for any purchase made by you. As soon as Sokanu has identified the cause of an interruption or disruption, Sokanu will use reasonable efforts to return service as soon as reasonably possible.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any indirect, incidental, consequential, special, exemplary or punitive damages; or lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, in each case, whether or not we were advised of the possibility of such damages, resulting from or related to CareerExplorer or these member terms.

For any other damages, or to the extent that the foregoing limitation is not permitted by applicable law, in no event will our total aggregate liability in connection with or under these member terms, or your use of, or inability to make use of, CareereExplorer, exceed $100 CAD. For greater certainty, the existence of one or more claims under these member terms will not increase this maximum liability amount.

Indemnification

You will defend, indemnify and hold harmless us, our affiliates and service providers, and each of their and our respective officers, directors, employees, and agents, and any licensees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

  1. your User Data;
  2. your use (or the use by any third party using your User ID) of CareerExplorer;
  3. your breach of any provision of these Member Terms or any documents referenced herein; or
  4. your violation of any law or the rights of a third party (including intellectual property rights).

Term And Termination; Survival

  1. These Member Terms will commence on the day you first use CareerExplorer and will remain in effect until terminated by either party in accordance with the provisions of these Member Terms (the “Term”). We may terminate these Member Terms at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through CareerExplorer. You may terminate these Member Terms at any time and with immediate effect by requesting by email that your User ID be deleted, or by deleting your account by going to your ‘Account Settings’, choosing ‘Security and Privacy’, clicking on ‘Delete’ and following instructions, ceasing use of CareerExplorer. For greater certainty, if you continue to use any portion of CareerExplorer that is publicly available after these Member Terms have been terminated, these Member Terms will continue to apply to the extent of such use.
  2. The following Sections, together with any other provision of these Member Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Member Terms, will survive expiration or termination of these Member Terms for any reason: Sections 4 (User Data and Privacy), 5 (Ownership of CareerExplorer), 6 (Additional Terms), 9 (Communications Not Confidential), 11 (Third Party Content, Websites or Services) 12 (Malicious Code and Security), 12 (Disclaimer), 14 (Limitation of Liability), 15 (Indemnification), 16(c) (Survival), and 18 (General Provisions).

General Provisions

  1. Choice of Law. Except as restricted by applicable law, these Member Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of CareerExplorer, notwithstanding your domicile, residency or physical location. You will only use CareerExplorer in jurisdictions where CareerExplorer may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of CareerExplorer. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Member Terms. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
  2. Entire Agreement. These Member Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to CareerExplorer. A printed version of these Member Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Member Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  3. Waiver. Our failure to insist upon or enforce strict performance of any provision of these Member Terms will not be construed as a waiver of any provision or right. A waiver of any provision of these Member Terms must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
  4. Severable. If any of the provisions contained in these Member Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Member Terms and all other provisions of these Member Terms will remain in full force and effect.
  5. Assignment. You will not assign these Member Terms to any third party without our prior written consent. We may assign these Member Terms or any rights under these Member Terms to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Member Terms will be binding upon permitted assignees. These Member Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
  6. English Language. It is the express wish of the parties that these Member Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

Contact

If you have any questions or comments regarding these Member Terms, please contact us at contact@sokanu.com