Terms of Service

THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“USER”), AND MANU FORTI SOLUTIONS INC., (“MANU FORTI SOLUTIONS”). MANU FORTI SOLUTIONS OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://TALENTTUA.COM (“WEBSITE”), AND ANY MANU FORTI SOLUTIONS APPLICATION MADE AVIALABLE TO USER (“APP”). THIS AGREEMENT APPLES TO ALL USERS OF THE WEBSITE OR APP. USER MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE OR APP. USER MUST ACCEPT THIS AGREEMENT BEFORE ACCESSING OR OTHERWISE USING THE WEBSITE OR APP BY CLICKING THE “I ACCEPT” BUTTON AT THE END OF THIS AGREEMENT. ANY DOCUMENTS REFERENCED IN THIS AGREEMENT ARE INCORPORATED BY REFERENCE AND ARE DEEMED TO BE PART OF THE AGREEMENT. THIS AGREEMENT CONTAINS LIMITATIONS OF LIABILITY AND PROVISIONS DEALING WITH THE USE OF PERSONAL INFORMATION. IF USER DOES NOT ACCEPT THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON, MAKE NO USE OF AND EXIT THE WEBSITE AND APP.

1. Services. Manu Forti Solutions agrees to provide the Services to Users subject to the terms of this Agreement and the payment of any fees that are due for such Services. “Services” means any Manu Forti Solutions services made available through the Website or App as more particularly described on the Website, including but not limited to Top Talent Selection, Customized Recruitment Reports, and Customized Success Formulas which provides suggested matches of employment or other opportunities and skillsets and experience of individuals looking for employment or other opportunities.

2. Changes. Manu Forti Solutions may change this Agreement or the Website, App or the Services from time to time in its sole discretion by posting changes on the Website, or by sending Users notification through the App at least thirty (30) days prior to effective date of such changes. If User does not accept the changes, User must terminate this Agreement by providing notice to Manu Forti Solutions at any time within such thirty (30) day period and discontinuing all use of the Website, App and Services. User shall be deemed to have accepted the changes with continued access to or use of the Website, App or Services after this period. Manu Forti Solutions may alter, suspend, or discontinue the Website, App or Services in whole or in part, at any time and for any reason or no reason, but will endeavor to provide notice of the same. Manu Forti Solutions may periodically update the information and materials on the Website or the App without notice.

3. Software. To the extent that the User downloads Manu Forti Solutions software (“Software”) in order to access or use the Website, App or Services, Manu Forti Solutions hereby grants User a limited non-exclusive license during the term of this Agreement to use the Software solely for the purpose of accessing and using the Website, App and Services in accordance with this Agreement. User agrees to uninstall any installed Software on termination of this Agreement. If User is a U.S. Government entity, any Software and related documentation that are provided are “Commercial Items” as defined in applicable legislation.

4. Termination. This Agreement and the right to access and use App and Services shall automatically terminate upon the termination or expiration of any other agreement between Manu Forti Solutions and the Customer that references or incorporates this Agreement (“Service Agreement”). “Customer” means the entity that has entered into a Service agreement with Manu Forti Solutions for the provision of Services to Users. Manu Forti Solutions may suspend or terminate this Agreement and Services if User breaches any of the terms and conditions of this Agreement or the Serie Agreement, or becomes insolvent, subject to bankruptcy proceedings, ceases operations or has a receiver appointed over it or its assets. Manu Forti Solutions may terminate this Agreement and access to the Website, App and Services for convenience at any time by providing written notice. User may terminate this Agreement at any time by providing thirty (30) days’ notice to Manu Forti Solutions. Access to the Website, App and Services shall be lost at the end of such thirty-day period. Sections 4, 5, 7-9, and 11-14 and all amounts due or accruing due shall survive any termination or expiration of this Agreement.

5. Ownership. Manu Forti Solutions and its licensors shall own all rights, title and interest in and to the Website, App, and Services, including but not limited to all intellectual property rights therein. If User provides any comments, information, improvements or changes to the Website, App, or Services (collectively, “Feedback”), User shall assign and transfer to Manu Forti Solutions, all rights, title and interest in such Feedback, including but not limited to all intellectual property rights therein. User acquires no rights to Manu Forti Solutions trademarks and logos, and all goodwill arising from their use shall ensure to Manu Forti Solutions’ benefit. User shall not cover, obscure, remove or alter any proprietary notices.

6. Licenses. The Website, App and Services and materials contained therein are the property of Manu Forti Solutions and its licensors and are protected by law from unauthorized copying and dissemination. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, App, or Services other than as expressly authorized by Manu Forti Solutions in writing. Use of the Website, App and Services in any way not expressly permitted by this Agreement is prohibited. Subject to this Agreement and payment of applicable fees and charges, Manu Forti Solutions grants User a non-transferable, non-exclusive, license to use the Website, App and Services for the User’s internal use. Any future release, update, or other addition to the App, Software or Services shall be subject to this Agreement. User hereby grants Manu Forti Solutions a non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up license to use, copy, modify and distribute any information or content submitted to Manu Forti Solutions pursuant to this Agreement or the Service Agreement, or through the use of the Website or App (collectively, “User Content”) for the purposes of providing Services or other services and products to User and third parties.

7. Third Party Links. Manu Forti Solutions is not responsible for the content of services of any third-party pages, or any other websites linked to or from the App or Website (including but not limited to advertisements).

Links are for convenience only and are not an endorsement by Manu Forti Solutions, its affiliates or licensors. User’s linking to or from any App pages or other websites is at their own risk. Manu Forti Solutions is in no way responsible for examining or evaluating, and does not endorse, control or make any representations or warranties concerning the links or the third-party sites, nor does Manu Forti Solutions assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. It is the responsibility of User to verify any information contained within linked sites before relying on it. User should carefully review the terms and conditions and privacy policies of all third-party websites that User visits.

8. Confidentiality. “Confidential Information” means all information contained in the App, Services, and Website, but excludes information that the User can demonstrate is: (i) previously known to the User, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the User; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the User without Confidential Information. User shall not disclose Confidential Information to any third party (except where required by law and on notice to Manu Forti Solutions) and shall use Confidential Information only for the receipt and use of the Services.

9. Privacy. Manu Forti Solutions shall collect, maintain use and disclose information concerning the User (including but not limited to location information with respect to the device on which this App was installed), and the use of Website and Services, solely for the purpose of offering, maintaining and improving the App, Services, and Website, all in accordance with applicable privacy legislation and the Manu Forti Solutions’ Privacy Policy found at http://goresumefree.com Manu Forti Solutions will use the email address to User to send communications regarding the App and Services, and materials regarding other products and services of Manu Forti Solutions and third parties. Contact Manu Forti Solutions’ Privacy Officer at tatiana@goresumefree.com if there are any questions with respect to the Privacy Policy or the use of personally identifiable information under this Agreement.

10. Obligations and Acceptable Use. User is responsible for acquiring and maintaining at its sole expense, all equipment, software, communications network connections, and access to the Internet necessary to access and use the Website, App and Services. User agrees not to (i) rent, sell, lease, lend, redistribute or sublicense the Website, App, or Services or permit any third party to benefit from the use or functionality of the Website, App, or Services via a rental, lease, timesharing, service bureau, or other arrangement; (ii) allow anyone other than User to access the Website, App, or Services; (iii) use the Website, App, or Services in any way that does not comply with all applicable laws (including but not limited to applicable export control laws) or with this Agreement; (iv) use or access the Website, App, or Services on any computer or device that User does not own or control; (v) copy, modify, translate, adapt, or create derivative works of the Website, App, or Services; (vi) circumvent any technical or security limitations in the Website, App, or Services or use any tool to enable features or functionalities that are otherwise disabled in the Website, App, or Services; (vii) decode, decompile, disassemble, derive the source code or otherwise reverse engineer the Website, App, or Services, except as otherwise permitted by applicable law or by licenses with respect to open source software included with them; (viii) perform or attempt to perform any actions that would interfere with the proper working of the Website, App, or Services, prevent access to or the use of the Website, App, or Services by Manu Forti Solutions’ other customers, or impose an unreasonable or disproportionately large load on Manu Forti Solutions’ infrastructure; (ix) submit or transmit User Content or other content that is unlawful, harmful, spam defamatory, libelous, abusive, threatening, pornographic or otherwise objectionable, or infringes or misappropriates the intellectual property rights of any person; or (x) copy, modify, translate, adapt, create derivative works based upon, reproduce, republish, upload, post, transmit, resell or distribute in any way the material contained in services or found on the Website, App, or Services, except as authorized in writing by Manu Forti Solutions.

11. Disclaimers. THE APP, SERVICES AND WEBSITE ARE PROVIDED “AS-IS”; AND MANU FORTI SOLUTIONS DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE, APP, AND SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERRORS, AND WILL HAVE NO LIABILITY FOR THE UNAVAILABILITY OF THE APP OR SERVICES DUE INERRUPTIONS IN OR UNAVAILABILITY OF THE INTERNET, TELECOMMUNICATIONS OR POWER, OR REASONS OF FORCE MAJEURE. THE WEBSITE, APP, SERVICES AND CONTENT IN ANY OF THE FOREGOING ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR THE USER’S DILIGENCE AND USE OF JUDGMENT. USER IS RESPONSIBLE FOR THE USE OF THE APP, SERVICES AND WEBSITE, INCLUDING, WITHOUT LIMITATION, THE DETERMINATION OF THE APPROPRIATE USES FOR THE WEBSITE, APP, SERVICES AND CONTENT IN THE FOREGOING, AND FOR ANY SELECTIONS, DETERMINATIONS OR DECISIONS MADE BY USER USING ANY OF THE FOREGOING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANU FORTI SOLUTIONS HEREBY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE FOREGOING DICSLAIMERS AND THESE DISCLAIMERS SHALL NOT APPLY SOLELY TO THE EXTENT NOT ALLOWED BY APPLICABLE LAW.

12. Limitation of Liability. IN NO EVENT WILL MANU FORTI SOLUTIONS, ITS AFFILIATES OR SUPPLIERS BE LIABLE TO THE CUSTOMER, USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOST PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION OR ANY OTHER DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS THE USER CONTENT, CONTENT FROM THIRD PARTIES, APP, SERVICES OR WEBSITE, EVEN IF MANU FORTI SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER RESULTING FROM OR AS A RESULT OF FUNDAMENTAL BREACH, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER TORT. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM LIABILITY FOR MANU FORTI SOLUTIONS OR ITS SUPPLIERS TO THE USER FOR CLAIMS OF ANY KIND IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICES IN THE MONTH IMMEDIATELY PRIOR TO THE DATE THE CLAIM AROSE. SOME JURISDICTIONS MAY NOT ALLOW THE FOREGOING LIMITATIONS. IN SUCH AN EVENT, THESE LIMITATIONS SHALL NOT APPLY SOLELY TO THE EXTENT NOT ALLOWED BY APPLICABLE LAW.

13. Indemnity. User shall defend, indemnify and hold harmless Manu Forti Solutions and its affiliates and suppliers from and against any loss, damages or costs, including reasonable legal fees, related to any third party claim, action, or demand resulting from and breach of any of the terms of this Agreement or any applicable law.

14. General. Manu Forti Solutions shall be excused for its failure to promptly perform any part of this Agreement if such failure is due to any beyond its reasonable control, including but not limited to natural disasters, strikes, shortage of materials, embargoes, or government or legal restrictions. This Agreement, together with the documents referenced and incorporated in this Agreement, constitutes the entire understanding of the parties concerning the subject matter of this Agreement and supersedes all prior written or oral understandings. The parties are independent contractors, and this Agreement shall not be construed as creating any partnership or joint venture or other similar relationship between the parties. Users may not assign this Agreement, in whole or in part. The failure of Manu Forti Solutions to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and shall only apply to the specific instance identified in such writing. If any provision of this Agreement is invalid or unenforceable under applicable law, that part shall be deemed severed without affecting the remaining provisions. This Agreement will be governed by the law of the Province of Alberta, without regard to its choice of law or conflicts of law principles, and applicable federal law. The UN Convention on Contracts for the International Sale of Goods is disclaimed by the parties and does not apply to this Agreement. The parties hereby attorn and submit to the exclusive jurisdiction and venue in the courts of the Province of Alberta located in Edmonton, Alberta. Notices under this Agreement may be sent via email to Manu Forti Solutions to aknull@manuforti.ca and to the User though the App or at the email address provided when registering for the use of the Website, App and Services.”