Terms of Use for www.FmLaborSource.com Website

Effective Date: July 25, 2025

This Agreement governs your access and use of the www.FmLaborSource.com website (the "Website"), and the content, information, and services provided through it. It outlines the terms under which FORT MCMURRAY LABOR SOURCE ("The Agency" or "we") and other related parties limit their liability. Please read these provisions carefully as they contain important information.

Each time you use the Website, you agree to be bound by this Agreement as it reads at that time. We recommend checking the "Effective Date" at the top of this document regularly to note any changes since your last visit.

1. Your Acceptance of this Agreement

This is a legal Agreement between you (and any person or entity you represent) and FORT MCMURRAY LABOR SOURCE. It governs your use of the Website and all associated content, information, and services. This Agreement also extends benefits to The Agency's affiliates, service providers, suppliers, and sub-contractors (collectively, "Affiliates and Providers").

By accessing or using the Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by these Terms of Use. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any entity you represent. If you do not agree with any part of this Agreement, or if you are not authorized to accept it, you may not use this Website.

2. Scope of this Agreement

This Agreement supplements any other written agreements you or any entities you represent may have with The Agency or Affiliates and Providers concerning your general dealings with them.

Together, this Agreement and any other relevant agreements constitute the entire understanding regarding your access to and use of the Website, superseding all prior agreements. In case of any inconsistency or conflict between this Agreement and any other agreement, this Agreement will govern specifically regarding your access to and use of the Website.

3. Changes to this Agreement

The Agency may, at its sole discretion, modify, supplement, or amend this Agreement concerning your future use of the Website at any time, for any reason, and without prior notice or liability to you or any other person. You are not permitted to change, supplement, or amend this Agreement.

4. Permission to Use the Website

The Website is intended for use by individuals who have reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law. All users must comply with all applicable laws. The Agency reserves the right to refuse access to or use of the Website at its discretion.

5. Website Communications and Interactions

The Website may act as a portal to other websites and services operated by Affiliates and Providers. Please note that these Affiliates and Providers are often independent from The Agency, and their websites may have different terms of use or privacy policies. Their services might also be provided under different terms and conditions.

Your interactions with Affiliates and Providers and your use of their websites are at your own risk. You agree not to make any claims against The Agency arising from these matters. The disclaimers and liability limitations outlined in Section 9 of this Agreement apply, with necessary modifications, to your dealings with any Affiliates and Providers and your use of their websites.

By activating certain links (including those for job applications or service inquiries), you may be automatically connected to websites operated by Affiliates and Providers. If you use the Website to communicate your staffing needs or job applications, the information you submit may be shared with, processed, and responded to by Affiliates and Providers or relevant Agency personnel.

All communications you submit through the Website or via email must be truthful, accurate, and complete. The Agency and Affiliates and Providers will rely on the accuracy of your submissions. If you provide incorrect or incomplete information, or if any communications are damaged or distorted during transmission, you and all persons you represent will be liable for any resulting loss, damage, or additional costs incurred by you, The Agency, Affiliates and Providers, or other persons.

You authorize The Agency and Affiliates and Providers to:

  • Accept communications received from you via the Website or email as if they were written and signed by you.
  • Disclose your communications to any Affiliates and Providers and Agency personnel via the Website, email, or other means.
  • Respond to your communications via internet communications, email, or other methods.

Communications you send to The Agency via the Website or email are not effective until processed by the responsible Agency representative.

The Agency may refuse to process, or reverse the processing of, any communications sent via the Website or email at its discretion, without notice or liability. This includes, but is not limited to, situations where:

  • The Agency cannot process the communications.
  • The communications violate any provision in this Agreement or any other agreement you may have with The Agency.
  • The Agency believes the communications conflict with other instructions or agreements with you or any person you represent.
  • There is an operational failure or malfunction in connection with the transmission of the communications.

6. Errors

The Agency strives to provide accurate information through the Website. However, errors may occur. The Agency reserves the right to correct errors and change any information available through the Website at any time, without prior notice or liability to you or any other person.

7. No Professional Advice

The Website content is for informational purposes only. It is not intended to be a comprehensive or detailed statement concerning the matters addressed, nor does it constitute investment, tax, banking, accounting, legal, or other professional advice or recommendations. It is also not an offer or recommendation to sell or buy any financial instrument, product, or service. You should always seek appropriate, qualified professional advice and recommendations before acting or refraining from acting based on any information provided on or through the Website.

 

8. Assessment and Screening Services

The following terms apply specifically to assessment and screening services and the associated system (collectively, "Assessment and Screening Services" or "System") offered on the Website. All rights not expressly granted in these Terms are reserved by The Agency. The Agency may change these Terms at its sole discretion at any time. If you do not agree to, or are not comfortable with these Terms or any part thereof, please do not use the Assessment and Screening Services. Your use of these services signifies your consent to be bound by these Terms.

8.1. Your License to Use the System

We grant you a non-exclusive, non-transferable, worldwide, personal license to use the System subject to these Terms. This license grants you a limited right to use the System as stated, but you do not acquire ownership of the System or any part of it. You may only use the System yourself and may not rent, lease, lend, sublicense, or transfer the System or any part of it, or any of your rights under these Terms, to anyone else. You may not develop or derive for commercial use any data in machine-readable or other form that incorporates or uses any part of the System.

8.2. Your Use of the System

You are permitted to use the System only for personal and non-commercial purposes related to your job search or recruitment needs. Except as otherwise provided herein, you may not alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, publicly display, transfer, sell, or use in any other way the System, any information or content within the System, or any part thereof without The Agency's prior express written permission.

8.2.1. Your User Responsibilities

You may only use the System for lawful purposes. As a condition of your use, you warrant and represent that you are a genuine and bona fide job applicant or employer (as applicable) and that you are not using the System for any other purpose. It is your responsibility to ensure that your use of the System complies with these Terms. You may not use the System or any part of it to:

  • Perform any activity that is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of others' privacy, hateful, or racially, sexually, ethnically, or otherwise objectionable.
  • Perform any activity that will or may breach a third-party right, including by submitting content you do not have rights to.
  • Advertise, offer, solicit, license, or grant public access to any content offered on the System for unauthorized purposes.

Furthermore, to help us maintain a reliable and effective System, you specifically agree to refrain from intentionally providing any irrelevant, misleading, or incorrect information and answers to questions or queries found on the System. You warrant and affirm that you will NOT:

  1. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
  2. Allow someone to help or assist you in completing any component of the System, unless specifically permitted (e.g., for accessibility reasons with prior arrangement).
  3. Help or assist anyone else in completing any component of the System, unless explicitly authorized (e.g., as part of an employer account).
  4. Provide any incomplete, false, or inaccurate information on any job application submitted for a job or any employer profile through the System.
  5. Post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data.
  6. Engage in eavesdropping, electronic trespassing, fraud, forgery, sniffing, spamming, nuking, hacking, spoofing, imposture, breaking passwords, harassment, or any other activity that could contaminate the System or cause unauthorized, damaging, and/or harmful access to or retrieval of information and data.
  7. Create deep linking from any other page to any part of the System without express permission.
  8. Delete any author contributions, legal notices, or proprietary designations or labels from content you upload to any communication feature.
  9. Upload or transmit any content or information that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party.
  10. Delete or revise any material posted by another person or entity.

8.2.2. Changes to the Service

We reserve the right, at any time and for any reason, to limit, deny, create different priorities for different users, modify, or cancel some or all of the functionality of the System or any part thereof, without prior notice. We may, at any time, suspend or cancel the System or any part thereof for any reason without prior notice. While currently provided free of charge, we expressly reserve the right to charge for the use of the System or certain parts thereof and to change these Terms to reflect such changes. However, we will not charge you for using the System or portions of it without your prior consent. We reserve the right to terminate your membership with us and cancel your registration for the System, in whole or in part, should you refuse to provide such consent and payment if and when required.

8.2.3. Assessment Results and Data Usage

The information and other content you provide to us, including assessment responses and results, will be processed and assessed within the System. This data is primarily for use by recruiters and employers who post jobs or seek candidates through the System. In most cases, specific raw test results will not be made available to you directly, and you hereby waive any rights to view such tests and/or detailed results. Summary feedback may be provided at The Agency's discretion.

8.2.4. Waiver of Right for Revenues

You hereby waive any rights or claims to any revenues or benefits we derive from your use or distribution of any content you transmit or otherwise deliver to us through the System.

8.3. Privacy Policy (for System Usage)

By using the System, you may submit information about yourself, including, without limitation, resumes, demographic data, assessment answers, and other personal details, which are transmitted to The Agency's servers. Such information is made available by you and used by The Agency under these Terms and subject to our comprehensive Privacy Policy, the terms and conditions of which are incorporated herein by this reference. For further information regarding our data practices, please refer to the "Privacy Policy" link on our Website.

8.4. System Security

We operate secure data networks protected by industry-standard security measures. Our security and privacy policies are periodically reviewed and enhanced as deemed necessary. However, no internet application or data transmission can be guaranteed to be 100% secure. The System and our servers, like most internet applications, are vulnerable to various security issues. Data and information sent using the System may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, sniffing, spamming, nuking, hacking, spoofing, imposture, breaking passwords, harassment, fraud, forgery, system contamination (e.g., viruses, worms, Trojan horses), causing unauthorized, damaging, harmful access, and/or retrieval of information and data on your computer. While we strive to prevent such incidents, we will not be responsible for any damage or harm caused as a result of such unauthorized actions.

You are strongly advised against using the System or any part thereof for "content sensitive" or "mission critical" applications and information. "Content Sensitive" refers to any information or data you do not wish to be freely accessible and generally available to unauthorized parties. "Mission Critical" applications and use refer to applications and use that, if compromised, could result in significant damage or loss.

8.4.1. User Security Covenants

The following covenants are binding for all System users. Failure to comply with any of these safeguards will constitute grounds for The Agency to terminate any data transfer arrangement between The Agency and the person(s) or entity(ies) concerned. You are prohibited from violating or attempting to violate the security of the System, including without limitation:

  • Accessing data not intended for you or logging into a server or account for which you are not authorized.
  • Attempting to probe, scan, or test the vulnerability of the System or our network, or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with services to any user, host, or network, including via means of overloading, "flooding," "mail-bombing," or "crashing."
  • Forging any TCP/IP packet header or any part of the header information in any posting.

You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the System or any part thereof. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

8.4.2. Violations and Remedies

Violations of System or network security may result in civil and/or criminal liability. The Agency will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In addition, and without prejudice to any other remedy to which The Agency may be entitled under these Terms and/or any applicable law, The Agency may immediately terminate, without notice, your use of and access to the System and any part thereof. If you have paid any amount for the right to use the System, The Agency may, without derogating from any other right for indemnification and/or compensation it may have, set off any such funds, and you hereby forfeit any right you may have to receive any such funds from The Agency.

8.5. Proprietary Rights

FORT MCMURRAY LABOR SOURCE or its licensors are the owners of all intellectual property rights (including copyrights) in The Agency's System and any part thereof. Material published by The Agency on this System may contain other proprietary notices or describe products, services, processes, or technologies owned by The Agency or third parties. Nothing in these Terms or in the System shall be construed as granting you a license under any copyright, trademark, patent, or other intellectual property right of The Agency or any third party, except as expressly set forth herein.

 

9. Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity

The Agency and Affiliates and Providers do not accept any liability for your use of the Website. For that reason, the following provisions apply to your use of the Website.

Disclaimer

Your use of the Website is entirely at your own risk. The Website is provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express or implied. This includes, without limitation, representations, warranties, or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by The Agency and the Affiliates and Providers to the fullest extent permitted by law. No representations, warranties, or conditions will be created by a course of dealing, course of performance, or trade usage. You are solely responsible for obtaining, configuring, and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the Website.

The Internet is not a completely secure medium and may be subject to interruption and disruption, as well as inadvertent or deliberate breaches of security and privacy. The operation of the Website may be affected by numerous factors beyond The Agency's control. The operation of the Website may not be continuous or uninterrupted, secure, or private.

The Agency and the Affiliates and Providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by The Agency to give effect to, or for any failure or delay by The Agency in receiving, accessing, processing, or accepting, any communication sent to The Agency by means of the Website or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment, or withdrawal of the Website or email services.

Without limiting the generality of the foregoing, The Agency and the Affiliates and Providers make no representation, warranty, or condition that:

  • (A) The Website will be compatible with your computer and related equipment and software;
  • (B) The Website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
  • (C) The Website will meet your requirements;
  • (D) The information contained in the Website or derived from the Website will be accurate, complete, sequential, or timely;
  • (E) Certain or any results may be obtained through the use of the Website;
  • (F) The use of the Website, including the Browse and downloading of any information, will be free of viruses, Trojan horses, worms, or other destructive or disruptive components; or
  • (G) The use of the Website will not infringe the rights (including intellectual property rights) of any person.

The Agency and the Affiliates and Providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

Liability Exclusion

The Agency and the Affiliates and Providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage, or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity. This exclusion applies regardless of any negligence or other fault or wrongdoing by The Agency or any Affiliate or Provider, or any person for whom The Agency or an Affiliate or Provider may be responsible, and notwithstanding that The Agency or any Affiliate or Provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.

Please note that the exclusion of certain warranties and the exclusion of certain liabilities may be prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Liability Limitation

Without limiting the foregoing, in no event will The Agency or any of the Affiliates and Providers' total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by The Agency or any Affiliate or Provider or any person for whom The Agency or any Affiliate or Provider is responsible, exceed $100 (US) or the amount you paid to The Agency for the use of the Website, whichever is less.

The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Release

You hereby release, remise, and forever discharge, as permitted by law, each of The Agency and the Affiliates and Providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Website.

Indemnity

You agree to indemnify, defend, and hold harmless each of The Agency and the Affiliates and Providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, expenses, and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Website or your breach of this Agreement. You will assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any claim or demand.

Any advice and information provided by The Agency or the Affiliates and Providers or their respective representatives, whether oral or written, will not create any representation, warranty, or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation, release, and indemnity provisions, and you may not rely upon any such advice or information.

Fair Allocation of Risk and Liability

You acknowledge and agree that this Agreement represents a fair allocation of risk and liability between the parties.

 

10. Ownership and Permitted Uses of the Website

Copyright FORT MCMURRAY LABOR SOURCE 2025. All Rights Reserved. The Website and all information (in text, graphical, video, and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Website are the property of The Agency, Affiliates and Providers, and others, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

The Website may only be used as expressly described in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of The Agency.

The Website may be used only for lawful purposes. The Website may be accessed and used only using commercially available, SSL-capable web browser software.

11. Trademark Information

FORT MCMURRAY LABOR SOURCE, www.FmLaborSource.com, The Agency Logo, and other marks and logos appearing on the Website are registered and unregistered trademarks, trade names, and service marks owned or licensed by FORT MCMURRAY LABOR SOURCE. Other product and company names and logos appearing on the Website may be registered or unregistered trade names, trademarks, and service marks of their respective owners.

Any use of the trade names, trademarks, service marks, and logos (collectively "Marks") displayed on the Website is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website.

 

12. Personal Information Privacy

The Agency collects, uses, and discloses information regarding your use of the Website and your personal information in accordance with our comprehensive Privacy Policy. This policy is available on this Website under the "Privacy Policy" link. The Agency may update the Privacy Policy from time to time at its discretion without prior notice or liability to you or any other person. By accepting this Agreement, and each time you use the Website, you consent to The Agency's collection, use, and disclosure of your personal information in accordance with the Privacy Policy as it then reads, without any further notice or liability to you or any other person.

 

13. Links to Other Sites

The Website may include links to other websites, resources, and businesses operated by Affiliates and Providers or other persons (collectively, "Other Sites"). These Other Sites are independent from The Agency, may have different or inconsistent privacy notices or terms of use, and The Agency has no responsibility, liability, or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Agency does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with their owners or operators are at your own risk, and you shall not make any claim against The Agency arising out of your use of any Other Sites or your dealings with their owners or operators.

14. Linking, Framing, Mirroring, Scraping, and Data-Mining the Website

Creating links to the Website without the express prior written permission of The Agency is strictly prohibited. The framing, mirroring, scraping, or data mining of the Website or any of its content in any form and by any method are strictly prohibited.

15. Termination of this Agreement and the Website

If you breach any provision of this Agreement, your permission to use the Website will be terminated immediately.

The Agency may, at any time and for any reason and in its discretion:

  • (a) Change, suspend, or terminate, temporarily or permanently, the Website or any part of it.
  • (b) Restrict, suspend, or terminate (in whole or in part) your permission to access or use the Website.

All of the above may occur without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Website is terminated by you, or by a person or entity you represent, or by The Agency, then:

  • (a) This Agreement and all other then-existing agreements between The Agency and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to, or arising therefrom.
  • (b) The Agency may continue to use and disclose your personal information in accordance with the Website's Privacy Policy as amended from time to time.

16. Governing Law and Dispute Resolution

The Website is controlled by FORT MCMURRAY LABOR SOURCE from Fort McMurray, Alberta, Canada. This Agreement, your use of the Website, and all related matters are governed solely by the laws of the province of Alberta, Canada, and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration before a single arbitrator. The place of arbitration will be Fort McMurray, Alberta, Canada. Notwithstanding the foregoing, you or The Agency may seek injunctive relief from an appropriate court located in Fort McMurray, Alberta prior to or during the arbitration.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

17. Other Matters

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: Section 8 (Assessment and Screening Services); Section 9 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); Section 10 (Ownership and Permitted Uses of the Website); Section 11 (Trademark Information); Section 12 (Personal Information Privacy); Section 13 (Links to Other Sites); Section 15 (Termination of this Agreement and the Website); Section 16 (Governing Law and Dispute Resolution); and Section 17 (Other Matters). The provisions of this Agreement will inure to the benefit of and be binding upon each of The Agency and Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns, and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of The Agency, which may be withheld in The Agency's discretion. The Agency may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.

You and any persons you represent (on the one hand) and The Agency and Affiliates and Providers (on the other hand) are independent contractors, and no agency, partnership, joint venture, employment, or franchise relationship is intended or created by this Agreement or your use of the Website.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Any rights not expressly granted by this Agreement are reserved to The Agency.