Terms of use

Welcome to the website of Agence First Round, accessible at www.agencefirstround.com (as well as all its content and services, and any website that may succeed it, hereinafter referred to as the “Site”). The Site is operated by Agence First Round Inc. These Terms of Use (“Terms”) set forth the terms and conditions governing your access to and use of the Site. They represent a legally binding contract between you and Agence First Round. Any additional terms and conditions posted by First Round on the Site or otherwise made available by First Round are also incorporated into these Terms.

Please read these conditions carefully. By accessing and/or using the Site, you accept and agree to be bound by these Terms. If you do not accept or agree to be bound by these terms, you must not use or access the site.

1.ELIGIBILITY, ENTITIES, JURISDICTIONS AND LEGISLATION

By accessing the Site, you confirm that you are legally entitled to accept these Terms.

If you are using the Site on behalf of an entity, such as a corporation, partnership or other organization with which you are affiliated (referred to as an “Organization”), you accept these Terms on behalf of yourself and such Organization. You represent and warrant that you have the legal authority to bind this Organization to these Terms. The terms “you” and “your” in these Terms shall apply to both the individual using the Site and the Organization.

The Site is controlled or operated from Canada and, to the extent permitted by law, is not intended to subject Agence First Round to the laws of any jurisdiction other than Canada.

Use of the Site may not be appropriate or available in certain jurisdictions outside Canada. You use the Site at your own risk and must comply with all applicable laws, rules and regulations. We reserve the right to restrict, at any time and at our discretion, access to the Site, in whole or in part, to any person, geographic area or jurisdiction of our choosing.

2. RIGHTS OF USE

In accordance with these Terms, AFR grants you a limited, non-exclusive, non-transferable, non-assignable and revocable license to access and use the Site, and to download copies of documents available for downloading from the Site. This is authorized for personal, non-commercial use only.

The Site, including all content, information and materials incorporated in or made available through the Site, remains the exclusive property of Robert Half or its suppliers, and is protected by Canadian, U.S. and international laws. You agree not to access or use the Site, or any content, information or materials incorporated in or made available through the Site, except as expressly permitted by these Terms.

All trademarks, service marks, trade names and logos displayed on the Site are the exclusive property of AFR or their respective third-party owners. Other than the right to view the Marks on our Site, you do not own any rights in these Marks. Nothing on the Site grants, by implication or otherwise, any license or right to use any Marks displayed on the Site.

3. CONTENT SUBMITTED BY USERS

The Site offers a function for uploading your CV and/or other job and career-related information. It may also accept the submission of comments and content via interactive tools such as bulletin boards, forums, chat features, commenting and other messaging systems (all of which constitute “Submitted Content”). It is important to note that you retain ownership of your Submitted Content.

Through these terms, you grant AFR a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable (multiple times) license without the need for additional compensation, to reproduce, distribute, display (public or otherwise), create derivative works from, adapt, modify and use the Submitted Content, in any format or media now existing or hereafter developed, for any purpose, including promotional purposes such as testimonials.

In addition, if you provide us with ideas, proposals or other materials (“Comments”), whether or not related to the Site, such Comments will be considered Submitted Content. You acknowledge that such Comments are not confidential and that your submission of such Comments is free, unsolicited and unrestricted. This does not create any fiduciary or other obligation owed by AFR to you or any other person.

You represent and warrant that you own all the rights necessary to grant the licenses mentioned in this section. You also confirm that your Submitted Content, provided via or in connection with the Site, is complete, accurate and lawful, free from fraud, tort or violation of applicable laws or third party rights, including intellectual property rights. You irrevocably waive any “moral rights” or other rights of attribution in the Content that you may have by law or legal theory. You agree to maintain and update your Submitted Content as necessary.

AFR reserves the right (but not the obligation) to filter, monitor, evaluate and remove any Submitted Content for any reason, or to analyze your access to and use of the Site.

4.STANDARDS OF CONDUCT

In connection with the use of the Site, you agree not to:

Publish, transmit or make available via or in connection with the Site any Submitted Content that may be : (a) threatening, harassing, degrading, hateful or intimidating, or which does not respect the rights and dignity of others; (b) defamatory, fraudulent or involved in illegal activities; (c) obscene, indecent, pornographic or otherwise inappropriate; or (d) protected by copyright, trademark, trade secret, third party privacy or publicity rights, or any other proprietary right, without the express written consent of the relevant owner.

Publish, transmit or make available via the Site any type of malicious software, such as viruses, worms, Trojan horses, logic bombs, spyware or any other code that is potentially harmful, intrusive, or designed to alter or disrupt the operation of any computer equipment, software or system (each a “Virus”) or to monitor its use.

Use the Site for commercial, fraudulent, tortious or illegal purposes.

Collect information about users of the Site.

Interfere with or disrupt the operation of the Site, the servers or networks used to make it available, including hacking or damaging any part of the Site, as well as violating the requirements, procedures or policies of said servers or networks.

Prevent or restrict any other person from using the Site.

Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, distribute or otherwise exploit any portion of the Site (or its use) without express permission set forth in these Terms.

Reverse engineer, decompile or disassemble any part of the Site, except as expressly permitted by applicable law.

Remove any copyright, trademark or other proprietary notices from the Site.

Integrate or copy part of the Site, or incorporate it into another product or service.

Download and store Site content systematically.

Use robots, web crawlers, or any other manual or automatic device to retrieve, index, “scrape”, “data-miner” or otherwise collect any content from the Site, or to reproduce or circumvent the navigational structure or presentation of the Site, without the express written consent of AFR. Subject to compliance with the instructions posted in the robots.txt file on the Site, AFR grants public search engine operators permission to use robots to copy documents from the Site for the sole purpose of creating publicly searchable indexes for such documents, but not caches or archives of such documents. AFR reserves the right to revoke this authorization generally or specifically, at any time and without notice.

5. ACCOUNT AND PASSWORD

Registration for an account may be required to use all or part of the Site. We may not accept or require you to change any username, password or other information you provide when you register. You, not AFR, are responsible for the use or misuse of your username or password. In particular, you are responsible for : (a) maintain the confidentiality of your user name and password; (b) update and revise your password regularly; and (c) notify AFR immediately of any unauthorized use of your account or breach of security.

As an AFR customer subscriber, you will be able to create new orders, consult and modify existing orders. You will also be able to review and approve the timesheets of AFR staff currently working with you on assignment. You acknowledge that you are solely responsible for all activities carried out in your account, including additional charges and fees incurred to extend or modify assignments, and to create new orders.

6.THIRD-PARTY CONTENT

The Site may provide or offer links to third-party websites, content or information (referred to herein as “Third-Party Content”). AFR has no control over, and assumes no responsibility for, any Third Party Content or its availability on the Site. Links to such Third-Party Content do not imply any endorsement of or affiliation with the providers of such Third-Party Content. Your use of Third-Party Content is at your own risk.

7. COMPENSATION

You agree to indemnify, defend and hold harmless AFR and its affiliates, and its officers, directors, agents and employees, from and against any and all claims, liabilities, damages, judgments, compensations, losses, fees, expenses and costs (including attorneys’ fees and other legal costs) arising out of or related to your access to, use of or activities on the Site (including Submitted Content) or your breach or alleged breach of these Terms or the Privacy Policy.

8. TERMINATION

AFR reserves the right to terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the meaning or intent of these Terms. In the event of termination or suspension : (a) your right to access and use the Site will terminate immediately; (b) AFR may immediately deactivate or delete your username, password and account; (c) in accordance with applicable law, AFR is not obligated to maintain or provide you with access to any content associated with your account (including Submitted Content) and may decide to retain or remove such content at its sole discretion; and (d) except for the license granted to access and use the Site, the other provisions of these Terms shall remain in full force and effect at all times.

9. APPLICABLE LAW; JURISDICTION

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to its conflict of laws principles, regardless of where you reside. You consent to the exclusive jurisdiction of the courts located in Toronto, Ontario, and waive any objection to jurisdiction, venue or forum convenience for such courts.

For consumers in Quebec, your Terms and Conditions are governed by the laws of the province of Quebec and the federal laws of Canada applicable in Quebec, without regard to its conflict of laws principles, wherever you may reside. You consent to the exclusive jurisdiction of the courts located in Montreal, Quebec, and waive any objection to jurisdiction, venue or forum convenience for such courts.

10. INFORMATION OR COMPLAINTS

If you have any questions or complaints about the Site, please send an e-mail to info@agencefirstround.com. Please note that e-mail communications do not guarantee the security of exchanges. Therefore, please avoid including sensitive information such as credit card details in your e-mail correspondence with us.