Last revised: November 22, 2016
Certain features of the Service may also have their own specific terms and conditions that you agree to when you Sign-Up for that particular product, function, or service or when an Employer enters into a Candidate Sourcing Services Agreement (as defined below) ("Special Terms"). Special Terms supplement this Agreement, but if any term of this Agreement expressly conflicts with any term of the Special Terms, the conflicting term in the Special Terms will control but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the Special Terms will remain in force.
The Luminari Service is an online platform that helps companies source top Chartered Professional Accountants (“CPA”). We are not recruiters, and we are not a job board. Luminari does not charge a percent of salary; we charge a flat fee that will remind you of job board prices. Luminari is designed for CPAs, whether they've decided to take a traditional path or not. For CPA Job Seekers the Service is free, confidential and involves a very small time commitment.
Luminari has different roles with respect to different types of Users. This Agreement will apply to visitors who browse the Luminari website, and individuals who access and use the Service on their own individual behalf as Job Seekers and/or on behalf of an Employer or Company.
If you use the Service to search for CPAs, view resumes or post jobs, you are an "Employer" (also sometimes referred to as "Company" or other designation if you signed a Candidate Sourcing Services Agreement.
In addition to the rest of this Agreement, please review the terms of Section 11 carefully if you are using the Service as an Employer.
If you use the Service to register for job alert emails, upload your resumé, or otherwise search for or apply for jobs, you are a "Job Seeker".
In addition to the other provisions of this Agreement, please review the terms of Section 10 carefully if you are using the Service as a Job Seeker.
4. Use of Our Service
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with Luminari, and only in compliance with this Agreement and all applicable local, provincial and federal laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Luminari, unless we provide such Users with specific written authorization to re-use the Service. If you use Luminari on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
You must not be a competitor of Luminari or use our Service for reasons that are in competition with Luminari or otherwise to replicate some or all of the Service for any reason.
Please note: any documents or information available through the Service are not intended for use outside Canada.
The Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of Users. You may not use another User's account without permission.
In some parts of the Service, we may ask for your consent to contact you by telephone. By granting such consent, you authorize Luminari to contact you by telephone at the number(s) you have provided, and acknowledge that Luminari may do so using an automatic telephone dialing system or an artificial or prerecorded voice. You may revoke consent to be contacted by telephone by emailing email@example.com and including the wording "Revocation of Telephone Consent" in the subject line. Consent to being contacted by telephone is not required as a condition of using the Service or of purchasing any other property, goods, or services from Luminari.
By using the Service, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Service or requested by Users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Employers.
You acknowledge and agree that Luminari may use third party vendors and/or partners to provide the Service (or any portion of the Service) to you and share personal information with such third parties as necessary in order to provide the Service to you and your Employees.
The information in this section applies to all User accounts (each an "Account"). You may control your profile information and how you interact with the Service by changing the settings in your Settings page. When creating your Account or uploading information to the Service through your Account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Luminari immediately of any breach of security or unauthorized use of your account. Luminari will not be liable for any losses caused by any unauthorized use of your Account.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Luminari servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Luminari grants the operators of public search engines revocable permission to use spiders to copy materials from luminari.ai for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, misrepresenting your credentials, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service (for paid services). We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, commit fraud or other abuse using the Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Luminari Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Luminari shall have no liability for your interactions with other Users, or for any User's action or inaction. Luminari shall have no obligation to you to enforce this Agreement against any other User.
5. User Content
The Service may allow Users to post content that may be viewable by other Users, including job and company information, job postings, application information, insurance plan information, onboarding information, logos, trademarks, comments, questions, and other content or information ("User Content").
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you submit or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. If you are an Employer uploading a job posting to the Service, you further agree that such job posting shall not contain any personally identifiable information. Luminari reserves the right, but is not obligated, to reject and/or remove any User Content that Luminari believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit or post, that the use by Luminari of your User Content will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, your User Content and any other information that you provide to us is truthful and accurate.
Luminari takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it and you acknowledge and agree that Luminari has no obligation to screen your User Content, including job postings, or any other type of content or information. However, Luminari may review and not display on, or remove any content from, the Service that (A) violates this Agreement or any other agreement you have with Luminari, or violates applicable laws, rules or regulations, (B) is abusive, disruptive, offensive or illegal, or (C) violate the rights of, or harms or threatens the safety of, Luminari users or members.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Luminari shall not be liable for any damages you allege to incur as a result of User Content.
6. User Content License Grant
By posting and or otherwise providing any User Content using our Service, you expressly grant, and represent and warrant that you have a right to grant, to Luminari, a royalty-free, sublicensable (including to other users and in the case of job posting content, to Distributors (as defined in Section 11(c) below), transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, list information regarding, edit, translate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed. This license continues even if you stop using our Service, and if you are an Employer, you acknowledge and agree that Luminari has no obligation, and may be unable, to remove your job postings (including any intellectual property contained therein) once they have been (i) listed in search engine results, or (ii) incorporated into fixed media displays of Luminari, and in each of the foregoing cases, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Luminari to identify you as a Service User as contemplated by the Service. Further, to the extent you have given Luminari the right to access certain User Content that is present on another website or service you own or control, you give Luminari the right to scrape such website as required to retrieve such User Content for use on the Service as contemplated in the license grants above.
7. License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Service. Luminari reserves all rights not expressly granted herein in the Service and the Luminari Content (as defined below). Luminari may terminate this license at any time for any reason or no reason.
We may make available software to access the Service via a mobile or tablet device ("Mobile App"). To use the Mobile App you must have a mobile device that is compatible with the Mobile Service. Luminari does not warrant that the Mobile App will be compatible with your mobile device. Luminari hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile App for one Luminari account on any mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third party or use the Mobile App to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or (v) delete the copyright and other proprietary rights notices on the Mobile App. You acknowledge that Luminari may from time to time issue upgraded versions of the Mobile App, and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Luminari or its third party partners or suppliers retain all right, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Luminari reserves all rights not expressly granted under this Agreement. In addition, the Mobile App may be subject to the import and export laws of other countries. You agree to comply with all Canadian and foreign laws related to use of the Mobile App and the Luminari Service.
8. Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the, "Luminari Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Luminari and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Luminari Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You agree that any feedback, comments, or suggestions you may provide regarding Luminari or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
9. Paid Services
Certain aspects of the Service are provided to Employers for the fees (the “Fees”) set forth in the Candidate Sourcing Services Agreement. Luminari may also make paid features, products or services available to Users through the Service. If you elect to use paid features of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. Luminari may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third party partners and you agree, that your use of such third party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that Luminari has no responsibility for such third party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that Luminari suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All information that you provide in connection with a purchase or other monetary transaction interaction with the Service must be accurate, complete, and current. Except as otherwise agreed upon in the Candidate Sourcing Services Agreement, you agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.
If at any time Luminari is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Luminari upon written notice.
Delinquent payments may bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees) incurred by Luminari in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.
10. Provisions Specific to Job Seekers
The provisions of this Section 10 of the Agreement are specific to Users that use the Service as Job Seekers. There is no cost to Job Seekers to use the Service.
As a Job Seeker, you can (i) use the Service to search for jobs, (ii) apply for jobs ("Job Applications") that are listed on the Service ("Job Listings"), and (iii) receive job alert emails ("Job Alerts"). You have the ability to choose how to submit your Job Application through the Service using the options offered through the Service. You can also submit a Job Application through your mobile device.
Please note that once you have submitted a Job Application your resume and other applicable information will be shared with the Employer that posted the Job Listing. You should therefore ensure that the information you provide is complete and accurate, and only contains information you are comfortable sharing with Employers.
If you submit a resume, you acknowledge that we may 'parse' the resume into another format that enables searchable text for an Employer. The Employer will also be able to see your resume in the form in which you originally submitted it to Luminari.
No entity outside of Luminari (including, but not limited to companies, recruiters, HR professionals, talent acquisition professionals) can search Job Seekers’ profiles, look up Job Seekers or request Luminari to provide specific personal information about our Job Seekers. The only way for companies to become aware of an interested candidate through Luminari is for the Job Seeker to initiate action through the Service.
You are solely responsible for your interactions with Employers that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or in a Job Application or resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.
Although Luminari requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, Luminari cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application or via a resume will be held in confidence or properly secured by each applicable Employer. In addition, Luminari takes no responsibility and assumes no liability for any Job Listing or other employee-related documents that any Employer posts, sends or provides via the Service. You agree that Luminari is not responsible or liable for the conduct of any Employer.
Luminari cannot guarantee that Job Seekers will be hired for a job, responded to about a job or be considered for a job. Luminari cannot control the hiring practices of its Employer clients.
11. Provisions Specific to Users that are Employers
The provisions of this Section 11 of the Agreement are specific to Users that use the Service as Employers (which includes direct employers, staffing agencies, and other companies using the Service).
In order to use the Service, Employers must enter into an agreement (the “Candidate Sourcing Services Agreement”) with Luminari which contains, among other things (i) the fees payable by the Employer, (ii) the service(s) purchased by the Employer and to be provided by Luminari through the Service, (iii) the period of time during which the Employer will use the Service, and (iv) contains any Special Terms and Conditions. The Candidate Sourcing Services Agreement also incorporates these Terms of Service.
If you are an Employer, you agree that you will not use the Service to post or promote any position that: contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contains content that violates applicable laws; or pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such advertisements are permissible).
When using the Service, you are responsible for ensuring that your use of the Service is in compliance with applicable law.
In order to create a Job Listing, you must provide us with certain information about the job. We will develop a summary of the opportunity (a “Job Brief”) based on the information that you provide to us and from the Job Brief we will create a Job Listing. All Job Listings will be prepared in accordance with Luminari’s posting format.
Luminari reserves the right to reject a Job Listing or exclude any information from a Job Listing that Luminari, in its sole discretion, deems inappropriate.
When we create a Job Listing, we will post the Job Listing on our job board, which all Job Seekers can view and access. We will also send Job Alerts to certain Job Seekers based on our proprietary matching algorithms.
Luminari will review Job Applications submitted by Job Seekers to a Job Listing and provide the Employer with a short list of Job Seekers matching the Employer’s preferences. Employers may also review all of the Job Applications submitted to their Job Listing.
Unless otherwise specified in the Candidate Sourcing Services Agreement, each Job Listing will remain active for a period of thirty (30) calendar days.
As an Employer, you are responsible for all activity, acts or omissions of any of your personnel that have an Account to use the Service (each, an "Authorized User") and you agree to abide by the following rules:
Ensure that Accounts are not shared between your personnel or with any other third parties.
Ensure that Accounts are not sold or licensed; you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Service.
Ensure that Authorized Users comply with this Agreement, and promptly notify Luminari of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security.
Cooperate with Luminari with respect to: (i) investigation by Luminari of any suspected or alleged violation of this Agreement and (ii) any action by Luminari to enforce this Agreement. Luminari may suspend or terminate an Authorized User's access to the Service in the event that Luminari reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
You acknowledge and agree that Luminari may, in its sole discretion, with no liability or penalty, remove any Job Listing, content, communication or information posted on the Service. Luminari may, in its sole discretion, provide an Employer with a refund for removing the Employer’s Job Listing.
Luminari shall not provide a refund for removing an Employer’s Job Listing, which in the sole judgment of Luminari, (i) violates or may violate this Agreement, applicable laws, rules or regulations, third party terms, or may adversely affect Luminari; (ii) is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or (iii) which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
An Employer may, at any time, request that Luminari remove a Job Listing. If an Employer requests that Luminari remove a Job Listing, the Employer shall not be entitled to a refund.
Job Applications are provided to you by Luminari solely for use by you for the limited purpose of reviewing and evaluating a Job Seeker’s candidacy for a Job Listing. If a Job Seeker terminates their use of the Service, Luminari reserves the right to block access to, and/or remove, the Job Seeker's Job Application. You agree to comply with the following rules regarding your access to and use of Job Applications:
You will only use a Job Application to seek an employee for the Job Listing to which the Job Application was submitted.
You will not sell, license, share, rent or otherwise disclose Job Applications or their contents to any third party. However, if you are a recruiter or staffing agency sourcing candidates on behalf of your client, you may share Job Applications with that client subject to this Agreement.
You will not use contact information in Job Applications to send unsolicited mail or e-mails, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of yours or a third party's products or services or employment opportunities unrelated to a Job Listing.
You agree to implement appropriate physical, technical, and administrative measures to protect the data within the Job Application from loss, misuse, unauthorized access, disclosure, alteration or destruction.
Job Applications shall only be used and accessed by you in accordance with privacy, data protection and other applicable laws and regulations.
You will respect the privacy choices of Job Seekers.
You will not use Job Applications in any manner that, in the sole discretion of Luminari, adversely affects Luminari’s business or performance of the Service.
You will not take any action to circumvent or avoid payment of any fees to Luminari.
You will remain primarily liable for all acts or omissions of Authorized Users and for any activity under your Account.
You acknowledge and agree that Luminari may inform a Job Seeker that his/her resume has been viewed by you.
12. No Guarantee
Although we may take certain steps to evaluate and authenticate Job Seekers, Luminari does not confirm the information in a Job Seeker’s resume or their competency or proficiency in the subject matter in which they offer their services. Luminari makes no guarantees or representations regarding the skills or representations of Job Seekers or the quality of the work that such Job Seeker may perform as an employee or contractor. It is entirely up to Employers to: (i) interview and evaluate a prospective employee’s qualifications, references and experience; and (ii) determine whether a particular prospective employee will meet the Employer’s requirements. LUMINARI DOES NOT GUARANTEE OR WARRANT ANY JOB SEEKER’S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE WORK PERFORMED.
If the relationship between an Employer and a Job Seeker hired by such Employer through the Service terminates for any reason, Luminari shall not be responsible for providing the Employer with a replacement employee.
Luminari cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
15. Third-Party Links and Services
You agree to defend, indemnify and hold harmless Luminari and its subsidiaries, agents, licensors, managers, Distributors, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your account or log-in information.
17. No Warranty
LUMINARI DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY INFORMATION, DOCUMENTS, OR MATERIAL THAT MAY BE POSTED ON, OR AVAILABLE THROUGH, THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, LEGAL, TAX, COMPLIANCE, OR OTHER ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUMINARI OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LUMINARI, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
LUMINARI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE LUMINARI SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LUMINARI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LUMINARI DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMINARI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL LUMINARI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMINARI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
LUMINARI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE THE REASONABLE CONTROL OF LUMINARI.
IN NO EVENT SHALL LUMINARI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LUMINARI HEREUNDER OR CDN $100, WHICHEVER IS LESS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LUMINARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Your satisfaction with the Service is important to Luminari. If you have a complaint regarding the Service, or with respect to any provision of this Agreement, you must first submit your complaint directly to Luminari at firstname.lastname@example.org. Luminari will review your complaint and seek to resolve the complaint to your satisfaction as soon as possible.
If your complaint is not resolved to your satisfaction within thirty (30) days of making the complaint, you agree to resolve the complaint by final and binding arbitration to the extent mandatory arbitration is permitted by applicable law. The arbitration will be conducted in the province or territory in which you reside in accordance with the commercial arbitration laws and rules in the province or jurisdiction in which you reside. The complaint shall not be made the subject matter of an action in any court unless the complaint has first been submitted to arbitration and finally determined in arbitration. Any such action commenced thereafter shall only be for the purpose of enforcing the arbitration decision and the costs incidental to the action.
If mandatory arbitration of your dispute is not permitted under applicable law, you agree that you will seek a remedy before the superior court of justice of your province or territory of residence.
The Service is controlled and operated by Luminari from within Canada. Luminari makes no representations that the Service or the materials available via the Service, are appropriate or available for use in other locations outside of Canada. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with all Canadian laws as well as local laws, if and to the extent local laws are applicable.
This Agreement and any disputes shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Luminari without restriction.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Luminari may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Luminari in its sole discretion. Luminari reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Luminari is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com and firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
This Agreement, together with any amendments and any additional agreements you may enter into with Luminari in connection with the Service, shall constitute the entire agreement between you and Luminari concerning the Service.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Luminari's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
The parties hereto confirm that they have requested that this agreement and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at , or send mail to:
Luminari Talent Inc.
Michael Kravshik, CPA, CA
CEO, Luminari Talent Inc.
35 Walmer Rd, Toronto, ON, Unit 1003