These “Terms and Conditions” govern your use of the LMS Thinking Website known as “the Site”. Please read these Terms and Conditions carefully.
By using this Site, You are indicating Your acceptance to be bound by these Terms and Conditions. You are advised to check this Terms and Conditions page periodically to review changes that could be made at any time, because these changes are binding on You. LMS Thinking may modify these Terms and Conditions at any time in its sole discretion by updating this posting. The terms “You”, “Your” and “User” as used herein refer to all persons and/or entities using this Site for any reason. The term “LMS Thinking” means LMS Thinking Pty Ltd. and all of its subsidiaries, affiliates, franchisees and licensees.
Scope of Permitted Site Use
- You may refer to the URL of this Site without limitation, but You may not link to this Site without the prior written approval of LMS Thinking.
- You may not use the Site in order to transmit, distribute, erase or store material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing or otherwise objectionable in the opinion of LMS Thinking.
- You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (c) forging any TCP/IP packet header or any part of the header information in any e-mail or posting; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, “flooding”, “spamming”, “mailbombing” or “crashing”; or (e) sending unsolicited e-mail, “junk mail”, “chain letters”, including promotional materials and/or advertising of products or services, or any other form of solicitation. Violations of system and network security may result in civil or criminal liability.
Specific Prohibited Uses
The Site may only be used for lawful purposes. LMS Thinking specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following:
- Posting any incomplete, false, inaccurate or misleading biographical information or information which is not Your own accurate resume. Recruiters representing candidates may not send that candidate’s resume in response to a job posting.
- Deleting or changing another persons’ information posted on the Site.
- Posting or transmitting any message, information, data, text, software or images, or other material that may invade another’s privacy or publicity rights or is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or otherwise objectionable in the opinion of LMS Thinking.
- Posting a sexually–explicit image or statement.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
- Taking any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from LMS Thinking on this Site and other than generally available third-party Web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Other than as permitted expressly by these Terms and Conditions, copying or duplicating any of the materials or information available from the Site.
- Other than as permitted expressly by these Terms and Conditions, framing of or linking to any of the materials or information available from the Site.
Feedback and Information
Any feedback that You provide at this Site, including but not limited to, electronic and written correspondence, shall be deemed to be non-confidential and can be used by LMS Thinking without limitation.
By using this Site, You agree to indemnify, hold harmless and defend LMS Thinking from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from Your use of this Site, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of LMS Thinking.
- Your use of this Site is free of charge. Therefore this Site and all information within it are provided on an “as is” basis and LMS Thinking makes and gives no conditions, representations, warranties, or other terms regarding the effectiveness this Site or the Material in meeting Your employment objectives.
- All conditions, warranties, undertakings, representations and other terms of any kind whatsoever, express or implied (whether by statute, common law or otherwise), in respect of the Site or the Material or in connection with them are hereby excluded by LMS Thinking to the fullest extent permitted by law and LMS Thinking shall have no obligation, duty or liability whatsoever to You.
- Without prejudice to the generality of the foregoing, to the fullest extent permitted by law LMS Thinking specifically disclaims and excludes all warranties or conditions implied by law or statute concerning satisfactory quality and fitness for purpose and reasonable skill and care.
- LMS Thinking does not guarantee that any employer or client will ask for Your resume, ask to interview You or hire You.
- LMS Thinking does not guarantee to any employer or client the availability of resumes or candidates, or that any candidate will meet Your needs.
- LMS Thinking uses reasonable care in compiling and presenting the information found on this Site. However, the accuracy of information supplied by candidates, employers and other users is not within the control of LMS Thinking, and LMS Thinking does not certify that it has verified any information in any job listing, resume, file or other posting entered into the LMS Thinking database or available on this Site.
- Further, LMS Thinking does not assume liability for any errors or omissions in the content on this Site or any third party site, including, but not limited to, typographical errors, inaccuracies, outdated information, or broken links.
- LMS Thinking expressly disclaims liability for errors or omissions in the information found on this Site.
- You acknowledge that in any computer system and any network of computer systems there is certain to be “downtime” due to mechanical, telecommunication, software, hardware and third-party vendor failures during which LMS Thinking will be unable to provide this Site to You. LMS Thinking cannot predict or control when such “downtime” may occur and cannot control the duration of such “downtime.”
- LMS Thinking uses this Site to provide the access, computer services and connections that link the LMS Thinking database to the Internet and other network systems. LMS Thinking has authority or control only over the operation of this Site. Nevertheless, You understand and agree that the Internet is inherently unreliable and subject to breaches of security. Therefore, LMS Thinking cannot be responsible for the integrity of any information, file or other posting available on or sent to this Site.
- LMS Thinking has no authority or control over the content, operation or performance of any portion of the Internet including other Websites to which this Site may be linked or from which this Site may be accessed. A link to a Website not owned or operated by LMS Thinking does not mean that LMS Thinking endorses or accepts responsibility for the content or use of such Site and such link is being provided to You merely as a convenience. Reference to any product, process, publication, service or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply its endorsement or recommendation by LMS Thinking.
- The views and opinions of employers, candidates and other users of this Site do not necessarily state or reflect those of LMS Thinking.
Limitation of Liability
IN NO EVENT WILL LMS THINKING BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF LMS THINKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN LMS THINKING’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO A$25.00.
Proprietary Information (Trademarks and Service Marks)
Certain portions of this Site contain information that is considered confidential and proprietary. This information is not available to the general public. Any attempt to access this information will be prosecuted to the fullest extent possible under local, state, national and international law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of LMS Thinking or any third party, except as expressly granted herein.
LMS Thinking, through its subsidiaries, maintains a number of trademarks, trade names and service marks in Australia, the United States, the United Kingdom, and certain other countries, including, but not limited to, LMS Thinking®, the LMS Thinking logo.
Forward-Looking Statements Disclaimer
The Private Securities Litigation Reform Act of 1995 provides a safe harbor for forward-looking statements made by or on behalf of LMS Thinking. This Site may from time to time contain “forward-looking” statements regarding the future financial performance of LMS Thinking or other future events. These statements are based on certain assumptions and analysis made by LMS Thinking in light of its experience and its perception of historical trends, current conditions, expected future developments and other factors LMS Thinking believes are important under the circumstances. Such statements are subject to a number of risks and uncertainties. Among others, factors that could cause actual results to differ materially from the beliefs or expectations of LMS Thinking are: industry trends and trends in the general economy, competitive factors in the markets in which LMS Thinking operates, changes in regulatory requirements which are applicable to LMS Thinking’s business, acquisitions and additional factors discussed in the LMS Thinking filing.
- LMS Thinking makes no claims that the Materials may be lawfully viewed or downloaded outside of Australia, the United Kingdom or the United States. Access to the Materials may not be legal by certain persons or in certain countries. If You access the Site from outside of Australia, the United Kingdom or the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- These Terms and Conditions and use of the Site are governed by the internal substantive laws of the City of Sydney, without respect to its conflict of laws principles. Jurisdiction for any claims arising under Your use of this Site shall lie exclusively with the courts within Sydney, NSW, Australia.
- If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
- No changes to these Terms and Conditions shall be made except by a revised posting on this page.