Terms & Conditions

1. YOUR ACCEPTANCE OF TERMS

The following terms and conditions (“Terms” or “Terms of Use”) constitute an agreement between you and Fund Services Edge, Inc. (“FSE” or “we” or “us”) and govern your use of and access to FSE’s website and mobile application, if applicable, including all materials and services available therein, and including any modifications thereto (“Site”) Any additional terms and conditions posted by FSE through the Site, or otherwise made available to you by FSE, are hereby incorporated into these Terms of Use.

PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SITE.

We encourage you to periodically review these Terms, and our Privacy Policy. We may change these Terms and the other documents that are part of our agreement at any time, as we reasonably deem appropriate. Following any such change, we will post the amended Terms or other documents on the Site and may also attempt to notify you in some other way.  Your continued use of the Site following the posting of such changes means that you affirmably accept and agree to the changes.

2. ELIGIBILITY & APPLICABLE LAWS

By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization. The Site is controlled and/or operated from Canada and, to the extent permitted at law, is not intended to subject FSE to the laws of any jurisdiction other than those of Canada. The Site may not be appropriate or available for use in some jurisdictions other than Canada. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

3. LICENSE

Subject to and conditioned on your compliance with these Terms, FSE grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use. The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of FSE or its suppliers, and is protected by Canadian, U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms. All trademarks, service marks, trade names, and logos displayed on the Site (the “Marks”) are the exclusive property of FSE or their respective third party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

4. USER SUBMITTED MATERIALS

The Site includes functionality to enable you to upload your resume and/or other employment and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such resumes, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant FSE a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place FSE under any fiduciary or other obligation to you or to any other person. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party, including intellectual property rights. For each of the Submitted Materials, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials that you may have under any applicable law or under any legal theory. You agree to maintain and update your Submitted Materials as needed. FSE may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site. We may use Submitted Materials for the purposes described in the Site’s Privacy Policy, (the “Privacy Policy”), and we may disclose Submitted Materials to third parties for the purposes and in the circumstances described in the Privacy Policy. The Privacy Policy governs how we may collect, use and disclose information that we may collect about you through your use of the Site or as a result of that use.

5. RULES OF CONDUCT

In connection with the Site, you agree NOT to:

• Copy, disclose, distribute, display, disseminate, exploit, modify, or otherwise transmit, in whole or part, the learning materials or any other proprietary and confidential information offered by FSE, including any notes of the professional development and skills upgrade training, to any third parties, or use such proprietary and confidential information for any purpose other than the purpose specifically delineated between you and FSE.
• Post, transmit or otherwise make available through or in connection with the Site any Submitted Materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Site.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site, or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Site.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site, except as expressly authorized in these Terms.
• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Site.
• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
• Systematically download and store Site content.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without FSE’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, FSE grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. FSE reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

6. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You, and not FSE, are responsible for any use or misuse of your user name or password. In particular, it is your sole responsibility to: (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify FSE if there is any unauthorized use of your account or any breach of security.

If you register as a client of FSE, you may be able to create new orders and review and modify existing orders. You agree that you are solely responsible for all activities undertaken within your account, including but not limited to any charges and additional fees incurred by user thereof.

7. THIRD PARTY MATERIALS

The Site may make available or provide links to third party websites, content, or information (“Third Party Materials”). FSE does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site. Links to Third Party Materials do not imply endorsement of, or affiliation with, the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FSE and its affiliates, officers, directors, agents, and employees, from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including legal fees and costs) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy.

9. DISCLAIMER

The following provision is not applicable to Quebec Consumers.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND FSE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.

Further, and without limiting the foregoing, FSE: (a) does not guarantee that you will receive any employment or job offers through the Site; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Site. You must use your own judgment in evaluating any prospective employers, candidates, and any Third Party Materials. Independent assessment and due diligence should be conducted, including but not limited to: job suitability, relevance, competency, and all other technical and behavioral suitability before making an employment decision. FSE does not warrant any specific scope of work or term of employment guarantees between a candidate and its employer.

10. LIMITATION OF LIABILITY

The following provision is not applicable to Quebec Consumers.

FSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION OF, ACCESS TO, OR ALTERATION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, FSE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF FSE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL BE $100 CANADIAN DOLLARS.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

11. TERMINATION

FSE may 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 letter or spirit of these Terms. Upon any such termination or suspension: (a) your right to access and use the Site will immediately cease; (b) FSE may immediately deactivate or delete your user name, password and account; (c) subject to applicable laws, FSE will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in FSE’s sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of these Terms will survive and continue in effect.

12. NOTICE OF COPYRIGHT INFRINGEMENT

The ‘Notice and Notice’ regime under the Copyright Act (Canada) (the “Copyright Act”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under Canadian copyright law.

If you believe in good faith that materials available on the Site infringe your Canadian copyright, you may send to FSE a written notice of claimed infringement by mail, e-mail or fax. As and to the extent required by the Copyright Act, we will forward the notice electronically to the person indicated in the notice and inform you of the forwarding or, if applicable, of the reason why it was not possible to forward the notice. Notices must meet the then-current statutory requirements imposed by the Copyright Act. We may charge then-current statutory fees for processing of notices. Notices must be sent in writing to:

Fund Services Edge
90 Burnhamthorpe Road West, Suite 1400
Mississauga, Ontario, Canada, L5B 3C3

We suggest that you consult your legal advisor before filing a notice.

13. DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to FSE a written notice by mail, e-mail or fax, requesting that FSE remove such material or block access to it. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices must be sent in writing to:

Copyright Agent:

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

14. GOVERNING LAW; JURISDICTION

These Terms are governed by and will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the courts located in Toronto, Ontario, and waive any jurisdictional, venue or inconvenient forum objections to such courts. With regards to consumers in Quebec, your Terms are governed by and will be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec, without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the courts located in Montreal, Quebec, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

15. INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Site, please send an e-mail to info@fundservicesedge.com. You may also contact us by writing to FSE’s legal counsel via certified mail or federal express to: Criscione Ravala, LLP, 250 Park Avenue, 7^th Floor, New York, NY 10177. Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include sensitive information in your e-mail correspondence with FSE.

16. GENERAL

These Terms and the performance hereunder by FSE does not now, nor shall at any future time, create a relationship of employer-employee, independent contractor, joint venture, partnership or any other legal relationship between you and FSE. If one or more of the provisions contained in these Terms shall for any reason be held to be invalid, illegal, or unenforceable in any respect, except in those instances where removal or elimination of such invalid, illegal, or unenforceable provision or provisions would result in a failure of consideration under these Terms, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms and these Terms shall be construed as if such provisions had never been contained herein. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by us of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”

The following provision is not applicable to Quebec Consumers.

These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and FSE relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and FSE relating to such subject matter.

Notices to you may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. FSE will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.