Please read the following carefully.: Welcome to the Software-Refinery.com (the "Site"), which is owned and operated by Software Refinery Inc. ("Software Refinery", "We", "Our", "Us"). We are pleased that you ("You") wish to use the information and services, including the candidate and client services, available on the Site (collectively, the "Services"). Any person who wishes to use the Site must accept these terms and conditions of use ("Terms of Use") without change. Please read these Terms of Use carefully before browsing the Site and using the Services. BY CONTINUING TO USE THIS SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND ALL RELATED POLICIES AND GUIDELINES OF THE SITE, IF ANY, AS INDICATED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE.

Software Refinery reserves the right to change any of these Terms of Use or any other policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING SOFTWARE REFINERY’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES.
1. USE OF THE SITE CONTENT.: (a) The Site contains text, graphics, photos, logos, icons, salary surveys, forms and other materials ("Site Content") furnished by Software Refinery. The Site Content is protected under copyright, trade-mark, and the laws of Canada and other nations. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of Software Refinery and its licensors. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of Software Refinery.
(b) The Site Content is provided "AS IS." SOFTWARE REFINERY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SITE CONTENT AND YOUR USE OF THE SITE CONTENT AND ALL PERFORMANCE HEREUNDER.
(c) In no event shall Software Refinery be liable to You or any other person or entity for any direct, indirect, special, exemplary or consequential damages, including lost profits, arising under these Terms of Use or Your use of the Site Content based in contract, negligence, strict liability or otherwise, whether or not such Software Refinery had any knowledge, actual or constructive, that You might incur such damages.
(d)You shall indemnify and hold harmless Software Refinery against any claim, damages, loss, liability or expense, including legal fees, arising out of Your use of the Site .
2. USE OF THE SERVICES.: (a) You understand that the Services includes various kinds of information, including but not limited to information regarding employment and career opportunities in Canada and abroad, information concerning Software Refinery’s Virtual University, links to events etc.

(b) While we attempt to be as accurate as possible regarding Our Services, and to ensure that all information contained on the Site is accurate and up-to-date, we do not represent or warrant that the information contained on the Site (including any descriptions of employment opportunities) is accurate, complete, reliable, current or error-free.
3. LIMITATION OF LIABILITY.: (a) YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE RISK OF FINANCIAL LOSS, PHYSICAL HARM, and DEALING WITH OTHER USERS OF THE SITE AND PERSONS ACTING UNDER FALSE PRETENSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SOFTWARE REFINERY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE INABILITY TO USE OR OBTAIN THE SERVICES, THE SITE, THE CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICES, THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE, THE SERVICES, THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (IV) ANY FAILURE OR DELAY TO OBTAIN SERVICES; OR (IV) ANY OTHER MATTERS RELATING TO THE SERVICES, THE SITE, YOUR POSTED MATERIAL AND THE CONTENT.
(b) YOU SPECIFICALLY ACKNOWLEDGE THAT SOFTWARE REFINERY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SOFTWARE REFINERY SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT DOWNLOADED FROM THE SITE.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING, SOFTWARE REFINERY SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGES WHICH ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR IT’S CONTENT.

These Terms of Use and any action related thereto or related to the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws.
4. TERMINATION.: You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use the Services and this Site. You agree that you can only terminate this agreement once you have stopped using the Services or the Site.
5. ASSIGNMENT.: You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
6. ENTIRE AGREEMENT.: These Terms of Use constitute the entire agreement between You and Software Refinery relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

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