Terms of Use

Last Updated November 25, 2024

Please read and understand these terms and conditions of use and sale before accessing, using, subscribing or purchasing over constructioncareeradvantage.com , proformatalent.com.

The following Terms of Use are entered into by and between You and Pro Forma Talent Search and Advisory Inc. (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”), govern your access to and use of constructioncareeradvantage.com, proformatalent.com including any content, functionality and services offered on or through constructioncareeradvantage.com, proformatalent.com (the “Website”), whether as a guest, customer or a registered user.

IMPORTANT: THIS AGREEMENT INCLUDES PROVISIONS THAT LIMIT WARRANTIES, RESTRICT LIABILITY, AND REQUIRE DISPUTES TO BE RESOLVED THROUGH ARBITRATION. IT ALSO CONTAINS A CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHTS TO A COURT TRIAL, A JURY TRIAL, AND PARTICIPATION IN CLASS ACTION LAWSUITS. ARBITRATION IS REQUIRED AS THE PRIMARY AND EXCLUSIVE METHOD FOR RESOLVING ANY DISPUTES, EXCEPT AS OUTLINED BELOW. THESE TERMS ARE FUNDAMENTAL TO THIS AGREEMENT AND YOUR USE OF OUR SERVICES.

The use of proformatalent.com and constructioncareeradvantage.com or other sites or online resources to which these terms and conditions are linked, owned and maintained by Pro Forma Talent Search and Advisory Inc, are governed by these Terms.

We provide the Website and access to this Website, along with all information, tools, and services available through it, subject to your acceptance of these terms and conditions. By accessing, using, subscribing to, or placing an order through the Website, you, your business and any authorized sub-users agree to abide by these terms. If you do not fully agree to these terms and conditions, you are prohibited from using the Website in any capacity.

THIS DOCUMENT CONSTITUTES A LEGALLY BINDING AGREEMENT. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM THE LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, YOUR BUSINESS (“YOU”), AND US. THIS AGREEMENT REGULATES YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES PROVIDED BY US, ANY ORDERS YOU PLACE VIA THE WEBSITE, PHONE, OR OTHER ACCEPTED METHODS, AS WELL AS YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE. WE RECOMMEND THAT YOU PRINT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Website Use

The Website is intended for professional adults in the construction, architecture, construction engineering and construction development industries. By using this Website, you confirm that you are at least 18 years old or have reached the age of majority in your state or province of residence, whichever is higher. You also affirm that you have the legal capacity to enter into a binding agreement with us and that you have read, understood, and agree to the terms of this Agreement.

If you purchase a course or subscription to the Construction Career Advantage online materials, you are granted a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the software, course, and materials. By doing so, you acknowledge and agree to the following:

The software is copyrighted and is the exclusive property of Pro Forma Talent Search and Advisory.
You do not gain any ownership rights to the software or its content.
You are prohibited from modifying, publishing, transmitting, transferring, selling, or creating derivative works based on the software or its content.
Except as expressly allowed under copyright law, you may not copy, redistribute, publish, display, or commercially exploit any portion of the software without the explicit written consent of Pro Forma Talent Search and Advisory.
If copying is permitted (e.g., downloading from the Website to your computer), all author attributions, trademarks, legends, and copyright notices must remain intact and unaltered.

In the event of any permitted copying (e.g., downloading content from the Website to your computer system), all author attributions, trademarks, legends, and copyright notices must remain intact and unaltered. The following actions are strictly prohibited:

Engaging in dishonest or unethical practices; violating any laws; causing harm to the reputation of Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage; hacking or launching digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying Website content without explicit permission; transmitting or storing viruses or malicious code; interfering with the security, functionality, or operation of the Website; framing or mirroring the Website; creating, benchmarking, or collecting intelligence for a competing service; infringing on intellectual property rights, including failing to obtain proper authorization for uploading, transferring, or displaying works of authorship; intercepting or misappropriating data; or violating the rights of Pro Forma Talent Search and Advisory Inc. or any third party.

We have a zero-tolerance policy for spam and unsolicited communications. Any messages sent or authorized by you that is reasonably considered as “spamming” or any other form of unsolicited solicitation (including, but not limited to, posts on social media or third-party blogs) will be considered a significant threat to the reputation of Pro Forma Talent Search and Advisory Inc. and the rights of third parties. It is solely your responsibility to ensure that all business communications comply with applicable state, provincial, and local anti-spam laws or equivalent regulations.

OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you—whether on a website you operate, social media, blogs, or any other platform—that is sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or that encourages or solicits unlawful behavior is strictly prohibited.

SENSITIVE INFORMATION.You are strictly prohibited from importing or including in any contact lists or other content uploaded to any website, software, or electronic service hosted, provided, or connected to Pro Forma Talent Search and Advisory Inc., any of the following: social security numbers, national insurance numbers, credit card details, passwords, security credentials, bank account information, or any sensitive personal, health, or financial data of any kind.

All content on the Website is protected by copyright, trademark and other applicable laws, and are the property of the Pro Forma Talent Search and Advisory Inc. unless otherwise noted.

The full text of the Copyright Notice is here

Disclaimer

The information on this Website is provided as general information and is not professional advice.

The full text of the disclaimer for the Website is here

Privacy

We respect your privacy and follow the principles of PIPEDA in the collection of Personal Information from you on our Website. Your information including any information you submitted or data we collect from you through our Website is governed by our Privacy Statement, including if you and/or your end users are located in the European Union or United Kingdom. Please see our full text of our Privacy Policy here

User Accounts and Passwords

As a Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage user, you will be required to create an account with us. You affirm that the information you provide is accurate and truthful, and that you are not impersonating any other person. You agree not to provide false information when creating your account. You further agree not to select or use the login credentials of another person or company with the intent to impersonate that person or company; You further agree not to use login credentials that belong to another person or company without their authorization.

You are fully responsible for all usage and activity under your account on this Website and related social media platforms, including any activity conducted by third parties who you have authorized to use your login credentials.

You are responsible for maintaining the confidentiality of your password and any other credentials used to access your user account. You agree not to transfer, share, or lend your username, password, or access to your account to any third party. You are fully responsible for all transactions conducted through your account, as well as for any information provided to you as a Pro Forma Talent Search and Advisory Inc. or Construction Career Advantage subscriber/user, including technical details, pricing, business strategies, and data related to past or current users or their customers.

You are solely responsible for maintaining the confidentiality of your login credentials. We reserve the right to suspend or terminate your access to the Services if you share your credentials or transfer them to any third party.

Failure to comply with the above terms will constitute a breach of these Terms, which may result in immediate suspension or termination of your account.

Only authorized users who have personally agreed to these Terms are permitted to access and use the Services, Content, and related materials. Unless expressly authorized by these Terms, you may not provide, share, or make available any Content, license keys, or any part of the Services to third parties, nor use the Content or license keys to teach or share any portion of the Services for any purpose other than as expressly permitted by these Terms.

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Order Placement and Acceptance

When you place an order for a service or product with us, payment must be received by us before we can accept your order. If any required information is missing or inaccurate, we may request additional details and reserve the right to cancel or limit your order at any time after it has been placed. Please note that your electronic order confirmation, or any other form of confirmation, does not constitute our acceptance of your order. If you need to modify or cancel a pending order, you must contact us immediately at robertt@constructioncareeradvantage.com. While we will make every effort to accommodate your request, we cannot guarantee that we will be able to amend your order as per your instructions.

Your purchase of products and services is contingent upon your continued acceptance of this Agreement.

All prices advertised are in U.S. Dollars, and all payments must be made in U.S. Dollars.

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Cancellation and Refund Policies

Our business does not provide refunds of any kind for any reason. You can cancel your purchase and cease to participate in any of our programs or services, however, this will not warrant a refund of any kind.

If you wish to cancel your or service or subscriptions, please email robert@constructioncareeradvantage.com. You will need to complete a cancellation survey form before your subscription can be canceled. Failure to submit the survey in a timely manner may result in you being responsible for the next billing cycle. Once we receive your completed survey, our customer service team will begin processing your cancellation request.

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Payments, and Automatic Payments

A Pro Forma Talent Search and Advisory Inc. , Construction Career Advantage user is responsible for paying all amounts due in connection with the monthly payments for services in accordance with these Terms. Typically, all payments are due in full when the user account is set up. In some cases, a monthly payment plan may be brokered, with the first payment due when the user account is set up. In any case, payments are due regardless of whether the user is actively using the product or service, or if the service has been canceled, and are a condition for continued access.

If payments are not made, Pro Forma Talent Search and Advisory Inc. reserves the right to immediately terminate the user's account and/or service, with or without notice. Termination of service does not relieve the user from any obligation to pay any outstanding charges or fees.

Each calendar month, the user will be charged the agreed-upon monthly fee, plus applicable taxes, for the upcoming month's service, along with any accumulated charges for the prior period (collectively, "Fees").

Failure to use any of the services provided by Pro Forma Talent Search and Advisory Inc. does not relieve the user of their payment obligations under these Terms. If payments are not made, access to the products and services may be restricted until all fees are paid in full. In the event Pro Forma Talent Search and Advisory Inc. initiates collection processes, you will be responsible for all associated collection costs, including legal fees and expenses.

You further acknowledge and agree that if monthly payments are agreed upon, then payments are due on a recurring basis in accordance with the specific payment terms for the service purchased, unless canceled as specified in these Terms. You authorize automatic payment collection in accordance with the applicable payment schedule (e.g., monthly payments for a specified amount).

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Products, Services and Prices

Products, Services and Prices are disclosed prior to any transaction. Pro Forma Talent Search and Advisory Inc and Construction Career Advantage reserves the right, without prior notice, to discontinue or modify any products, services, or their specifications and prices, without any obligation to you. Unless otherwise stated in these Terms, any price adjustments to your subscription or purchase of products/services will take effect after we notify you via email.

When ordering products or services, please note that Pro Forma Talent Search and Advisory Inc. does not guarantee that the descriptions of products or services are accurate, complete, up-to-date, or error-free, nor does it guarantee that the packaging will match the actual product you receive. All sales are final, unless otherwise specified. Any descriptions or references to products or services not owned by Pro Forma Talent Search and Advisory Inc. do not imply endorsement, nor do they constitute a warranty by Pro Forma Talent Search and Advisory Inc.

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Disclaimer - Your individual results will vary

Every professional and business operates differently, with unique strategies, organizational structures, and offerings. As a result, individual outcomes will vary from person to person. Your results will depend on various factors specific to your situation, including but not limited to your content, professional background, business model, and the products or services you offer.

Pro Forma Talent Search and Advisory Inc. does not promise, guarantee, or warrant your professional success, income, or sales. You acknowledge and understand that we will not provide sales leads or employment leads or referrals to you or your business. Upon purchasing our products or services, you will receive access to our courses and training. However, we cannot guarantee the success of your professional endeavors, as many market factors are beyond our control. Additionally, the software, services and tools we provide may or may not be relevant to your particular business.

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We do not make any earnings claims, guarantees of return on investment, or promises that our software, services, tools, or offerings will generate specific financial results. It is possible that you may not earn back your investment. We do not sell business opportunities, “get rich quick” programs, guaranteed systems, franchise models, or pre-packaged business solutions. If that is your expectation, our offerings may not be suitable for you.

Instead, our products and services are designed with the understanding that implementing the information and training will take time and effort, and may be applicable in some cases but not all. Please note, we do not provide tax, accounting, financial, or legal advice. For guidance on these matters, we recommend consulting your accountant, attorney, or financial advisor.

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Your Responsibilities as a Professional or Running Your Own Business

You represent and warrant that you are a professional in good standing, whether employed by a company or running your own business, and agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree to use Pro Forma Talent Search and Advisory Inc.’s products and services for lawful purposes only, and not for any unlawful or harmful purpose, either alone or in connection with other software, hardware, or services.

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You are solely responsible for complying with all applicable laws and regulations in the operation of your business or professional practice or personal practise, including but not limited to advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and any other laws relevant to your business.

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You agree to notify Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage if any investigation or lawsuit is threatened or filed against you. In such an event, Pro Forma Talent Search and Advisory Inc. reserves the right to terminate this Agreement without liability. Pro Forma Talent Search and Advisory Inc. shall have no liability for any violations of law on your part.

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You are also solely responsible for collecting and reporting all applicable sales and use taxes, as well as any other taxes related to sales of products or services by your business. Pro Forma Talent Search and Advisory Inc. will not be responsible for collecting or reporting any taxes applicable to your business.

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You agree to indemnify Pro Forma Talent Search and Advisory Inc., and Construction Career Advantage, as set out below, in the event that you and/or your business violates any law and a claim is threatened or asserted against Pro Forma Talent Search and Advisory Inc. or Construction Career Advantage as a result.

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Testimonials, Reviews, and Pictures/Videos

Pro Forma Talent Search and Advisory Inc., and Construction Career Advantage, welcomes feedback from users and customers and values your comments regarding our services and products. We may use testimonials and/or product reviews in whole or in part, including the name, city, and state or province of the person submitting them. Testimonials may be utilized in any form of marketing activity related to Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage services or products, both in printed and online media, at our sole discretion.

Testimonials reflect the individual experiences of participants and customers submitting them and may not necessarily represent your experience using our services or products. As outlined in above, results will vary depending on various factors unique to each user and beyond our control.

By submitting testimonials, photographs, or other information, you acknowledge that these materials will be treated as non-confidential and nonproprietary. You grant Pro Forma Talent Search and Advisory Inc., and Construction Career Advantage a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them.

We reserve the right to correct grammatical and typing errors, shorten testimonials, and review all materials prior to publication. We are under no obligation to use any or all submitted testimonials or product reviews.

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, provided that the content does not violate the law, is not obscene, threatening, defamatory, invasive of privacy, infringes on intellectual property rights (including publicity rights), or is otherwise harmful or objectionable. Additionally, content must not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead the origin of any content or communications.

Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage reserve the right (but not the obligation) to remove or edit such content. However, we do not regularly monitor posted content.

If you post content or submit material, you grant Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content worldwide in any media. You also grant us the right to use your name in connection with such content if we choose.

By submitting content, you represent and warrant that you own or control all rights to the content, that the content is accurate, and that it does not violate this policy. You agree to indemnify Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage for any claims resulting from your content. While we reserve the right to monitor, edit, or remove content, we are not obligated to do so and assume no responsibility or liability for content posted by you or third parties.

Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)

As a user of Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage services, you are responsible for adhering to all relevant laws, both in your jurisdiction and internationally. This includes, but is not limited to, laws around deceptive or misleading advertising, email marketing regulations (such as the CAN-SPAM Act), telemarketing laws (including the Telephone Consumer Protection Act and the Federal Trade Commission's Telemarketing Sales Rule), laws concerning the use of testimonials (such as the FTC's Endorsements and Testimonials Guidelines), and any other applicable laws.

You are solely accountable for ensuring compliance with all laws, rules, and regulations that apply to you personally or as a business and any digital communications sent through our services. This includes being fully aware of and complying with the legal requirements in your area of operation, as well as ensuring that anyone who uses your account follows these laws as well.

If you use any messaging software, system, or any other software or hardware, whether provided by us or a third party, you agree to comply with all applicable laws regarding messaging, including but not limited to the federal Telephone Consumer Protection Act. You also agree to indemnify and defend Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage from any claims, damages, losses, or legal actions arising from your violation of laws or third-party rights through the use or misuse of any messaging software or hardware, whether provided by us or not.

Additionally, you understand and agree that we have no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including but not limited to platforms such as Facebook, Facebook Messenger, Instagram, LinkedIn or internet browser notifications. Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage DO NOT WARRANT that any of our messaging software will be compatible with third-party software. You are solely and fully responsible for the use of any and all messaging software or hardware.

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COMMITMENT AGAINST TARGETING, HARASSMENT, AND INTERFERENCE WITH OTHERS:

You agree not to use our services, whether alone or in conjunction with other software or hardware, to: (i) store, distribute, or transmit any malware or any material that you know, or have reasonable grounds to believe, is or may be harmful, offensive, defamatory, infringing, harassing, disruptive, or abusive; or (ii) engage in, promote, assist, or encourage any actions that you know, or have reasonable grounds to believe, are or may be harmful, offensive, defamatory, infringing, harassing, disruptive, or abusive.

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Website and Content Disclaimer

The website and all its content are provided on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the website's content, including but not limited to any warranties of title, accuracy, completeness, reliability, timeliness, or fitness for a particular purpose.

We do not guarantee that the website, services, or any software will be secure, uninterrupted, error-free, or compatible with any other hardware or software. We cannot ensure that any data stored will be accurate or reliable, nor do we guarantee that any defects or errors will be corrected. Additionally, we do not warrant that the website or its servers are free from viruses or other harmful components.

To the fullest extent permitted by applicable law, all conditions, representations, and warranties—whether express, implied, statutory, or otherwise—are disclaimed. This includes any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

By using this website, you acknowledge and agree that Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage cannot be held responsible for any issues that may arise, including but not limited to errors, interruptions, or the website’s failure to meet your expectations.

Limitations of Liabilities

Except where prohibited by applicable law, neither Pro Forma Talent Search and Advisory Inc., Construction Career Advantage, nor any of their officers, directors, employees, contractors, agents, or affiliates will be liable for any indirect, incidental, special, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this agreement, our privacy statement, the services or products we offer, or your or a third party’s use or attempted use of the website or any related software, service, or product. This applies regardless of whether Pro Forma Talent Search and Advisory Inc. and Construction Career Advantage have been advised of the possibility of such damages or claims.

This includes, but is not limited to, any loss of use, profits, data, goodwill, or any costs related to the procurement of substitute services or products. This limitation applies regardless of how the damages are caused and on any legal basis, whether through breach of contract, tort (including negligence and strict liability), warranty, or any other claim.

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Additional Remedies

To prevent or limit potential irreparable harm to Pro Forma Talent Search and Advisory Inc. or Construction Career Advantage, in the event of any breach or threatened breach of this Agreement, or any infringement or threatened infringement of intellectual property by you or your business, Pro Forma Talent Search and Advisory Inc. or Construction Career Advantage may seek immediate legal relief. This may include requesting a temporary restraining order, as well as preliminary and permanent injunctions or other equitable remedies from a court in Ontario Canada, with competent jurisdiction, to restrain such breach or infringement.

Nothing in this Agreement restricts Pro Forma Talent Search and Advisory Inc. or Construction Career Advantage from pursuing any other legal remedies, including seeking monetary damages in court for such breach or infringement. By entering into this Agreement, you irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario Canada, for all such legal matters and waive any objections to the jurisdiction or venue of these courts.

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Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Pro Forma Talent Search and Advisory Inc., Construction Career Advantage, their directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind. This includes, but is not limited to, attorneys' fees and litigation or dispute resolution costs.

This indemnification applies to any claims arising out of or related to:

Your use, misuse, or attempted use of the website, services, software, products, or any other resources provided by us;
Information you submit or transmit through the website;
Your breach of these Terms, any associated documents, the Agreement, or any representations and warranties you make in this Agreement; or
Your violation of any law or third-party rights.

Third-Party Links

The website may contain links to external websites. The views, information, or opinions expressed on any of these linked websites, or during any publicized content by Pro Forma Talent Search and Advisory Inc and Construction Career Advantage or its related online and mobile platforms, are solely those of the authors or contributors and do not reflect the views of Pro Forma Talent Search and Advisory Inc., Construction Career Advantage, or their parent companies.

Pro Forma Talent Search and Advisory Inc. does not verify and is not responsible for the accuracy of any information found on these linked websites. The primary goal of these resources is to educate, inspire, and inform. Some authors or contributors may discuss strategies and methods for earning income through business, and we encourage you to contact them directly for any proof of effectiveness of such strategies.

Pro Forma Talent Search and Advisory Inc. assumes no responsibility for the content or functionality of any third-party websites to which we link. For more details, please refer to our Privacy Statement.

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Effective Date and Termination

This Agreement will take effect (or re-take effect) when you click on "ACTIVATE MY ACCOUNT NOW," "PAY NOW," "ORDER NOW," "SUBMIT," "BUY NOW," "PURCHASE," "I ACCEPT," "I AGREE," or similar links or buttons, or when you submit any information through the Website, respond to a request for information, begin installing or accessing the Website, complete a purchase, select a payment method, or enter payment details, whichever occurs first.

In our sole discretion, if we determine that you have failed to comply with any term or provision of this Agreement, or if we suspect that you have violated any law, either in connection with your use of Pro Forma Talent Search and Advisory Inc. or otherwise, we reserve the right to terminate the Agreement or suspend your access to the Website without notice.

The following sections of this Agreement shall remain in effect even after termination: Sections “Disclaimer - Your individual results will vary”, “Indemnification, “Third Party Links”, "Effective date and Termination”, “No Waiver”, Force Majeure”, “Assignment”, “Email And Other Electronic Communications and Electronic Signature”, “User Communication”, “Changes To the Terms Of Use”, "Jurisdiction, along with any representations, warranties, and obligations you have undertaken. In the event of termination, you will remain responsible for any outstanding payments owed to Pro Forma Talent Search and Advisory Inc.

No Waiver of Rights

Any delay or failure by Pro Forma Talent Search and Advisory Inc. to exercise any right, power, or remedy under this Agreement will not be considered a waiver of that right, power, or remedy. Similarly, any partial or single exercise of a right, power, or remedy will not prevent further or additional use of that right, power, or remedy, nor will it prevent the exercise of any other rights, powers, or remedies under this Agreement. A waiver of any rights or obligations under this Agreement will only be valid if it is in writing and signed by Pro Forma Talent Search and Advisory Inc.

No Liability for Delays or Failures Beyond Control

Pro Forma Talent Search and Advisory Inc. will not be held responsible for any delays, damages, or failures resulting from events beyond our reasonable control, including but not limited to acts of nature or other circumstances outside of our control.

Assignment

Pro Forma Talent Search and Advisory Inc. reserves the right to assign its rights under this Agreement at any time, without prior notice to you. However, you may not assign your rights or obligations under this Agreement without obtaining prior written consent from Pro Forma Talent Search and Advisory Inc. (or its assignees).

Email And Other Electronic Communications and Electronic Signature

Visiting the Website or sending emails to Pro Forma Talent Search and Advisory Inc. constitutes electronic communications. We would be pleased to communicate with you by email, and there are various places on the Website that provide you with the ability to send an electronic communication to the Company. By using the Website or sending an electronic message, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Website, satisfy any legal requirement that such communications be in writing and have the same force and effect as if they were in writing and signed by the party sending the communication.

However, please note that sending such emails or other electronic communications does not create a business relationship or any contractual relationship. While we will take reasonable steps to maintain confidentiality, we cannot guarantee the security of these communications or that we will not be required to disclose them due to a court order.

You acknowledge that all information shared on the Website is considered an electronic communication. By communicating with us through the Website or other electronic means, such as email, you agree that these communications, including notices, disclosures, agreements, and related content, are equivalent to written communications and will be treated as if they were signed by the party sending the communication.

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User Communication

The Website may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.

You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents.

You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including e-mail addresses, without their consent or violate any applicable laws or regulations.

The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Jurisdiction

This agreement between you, the user, and Pro Forma Talent Search and Advisory Inc shall be governed by, and interpreted in accordance with, the laws of the province of Ontario and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any proceeding related to this agreement.

Contact Information

We welcome your questions about the Terms of Use. You can contact us here:

Robert Chlebowski

robert@proformatalent.com

Ontario, Canada.

Updated as of September 1, 2024

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