Terms and Conditions

Gecko Hospitality and its affiliated companies, subsidiaries and franchisees (collectively, “Gecko”) provides and operates the “Gecko” website geckohospitality.com and its related websites and software applications (the “Site” or the “App”) that allows registered users (“You” or “User”) to review and post various career and job-related content (the “Services”).  These Terms of Service (these “Terms”) describes our policies and practices while you are using the Site.

These Terms integrate and reiterate all the provisions of the general Terms of Use (the “TOU”), and Privacy Policy, each as amended, and which are incorporated by reference as if restated in full herein. Any capitalized terms not defined herein shall have the meaning assigned to them in the Terms.

Services. Users that register for an account to access the Services (“Users”) will be eligible to review and post Content as described herein. Gecko makes no predictions, warranties, or guarantees, express or implied, about any posted job opportunity with a third-party company (“Job Poster”), the quality of any of the products or services provided by a Job Poster, any User, or any other individual, Gecko, or a Job Poster or other service provider utilizing the Site or featured on the Site, and assumes no liability related thereto. The Site is owned and operated by Gecko.  Gecko has the right at any time to change or discontinue any aspect or feature of the Site or Services including, without limitation, the content and software needed for access or use of the Site.  By agreeing to use this Site, you understand and agree to all terms and conditions of these Terms, which may be revised from time to time.  You may visit the Site to review any revised Terms.  All such changes will be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

Third-Party Applications.  The Site may include various elements and features offered by Gecko to enhance or support the Site or the Services.  In addition, in its sole discretion, Gecko may provide Users with advertisements, links and other access to third-party applications (collectively, “Developer Apps”) which interface with Gecko application programming interfaces (“Gecko APIs”).  Such Developer Apps may use Gecko APIs but are not endorsed by Gecko. Use of such Developer Apps by Users is voluntary.  Use at your own risk.  Gecko makes no representations or warranties regarding Users’ use of any Developer Apps, which shall be governed by a separate agreement between Users and the owners of such Developer Apps.  Users agree that Gecko has no liability whatsoever for the Developer Apps, including, without limitation, providing continued access to the Gecko APIs, technical issues related to the Developer Apps or their interaction with the Gecko APIs, and any damages or claims caused by or arising out of the Developer Apps.

Promotions.  Gecko may, in its sole discretion, provide Users with access to special promotional programs, including those initiated and conducted in collaboration with one or more third-parties (“Promotions”).  Participation in any such Promotions by Users is voluntary. All benefits and responsibilities relating to the Promotions shall be governed by the terms and conditions of such Promotions, and Users participating in such Promotions agree to be bound by all such terms and conditions.  Any Users participating in Promotions hereby agree and acknowledge that a breach of any Users’ obligations under such Promotions will constitute a breach of these Terms by such Users. Gecko may change, suspend, or discontinue any aspect of Promotions at any time, including the availability of any Promotions, and reserves the right to make certain Promotions available only to select Users, and to remove any Users from and Promotion at any time, in Gecko’s sole discretion.

Inactive Accounts.  If there is little to no activity in a User Account for twelve (12) consecutive months, Gecko may, in its sole discretion, suspend or terminate the User Account upon notice (sent via email to the User’s last known email address) to User.

System Availability. Gecko uses reasonable measures (a) to provide access to the Site and Services at all times, other than during scheduled maintenance periods, (b) to back up user data and Content on a regular basis, and (c) to secure user data from unauthorized access. Due to the nature of computer software and the Internet, it is impossible to ensure that the Services will operate with no unscheduled interruptions, and You agree that from time to time the Site and Services may be inaccessible or inoperable due to system errors or causes beyond the control of Gecko or which are not reasonably foreseeable by Gecko, including but not limited to: the interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; or other failures (collectively “Downtime”). Gecko shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Site or Services caused by Downtime, whether scheduled or not. Nevertheless, in no event will Gecko be liable for any damages or costs to any User or user in connection with any Downtime.

Content License. You hereby grant an irrevocable, non-exclusive, royalty-free (except as provided herein), fully transferable License to all Content you upload to your account via the Site.  If a user elects to view Content, they also receive an irrevocable, non-exclusive, non-transferable, limited license to view the Content exclusively via the Site (a “License”).  You agree that Content License is provided to Gecko and to users at no charge.

Control of Content by User.  You agree any information you provide via the Site is provided voluntary, and you are solely responsible for such information.  You are the sole controller of any personal data collected through use of the Site and any Third-Party program providers, and it is your sole responsibility to ensure the necessary compliance and to adopt all security measures required under current and future legislation.

User Suggestions. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Gecko through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Gecko is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Gecko shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Gecko may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Gecko without any obligation of Gecko to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Gecko under any circumstances

Content Guidelines.  You understand that all Content, whether publicly posted or privately transmitted, are the sole possession of Gecko.  Under no circumstances will Gecko be liable in any way for any falsified or incorrect data, or data that infringes the intellectual property rights of any person or entity. You agree to not use the Service to:

1. create any Content that is willfully inaccurate or racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to, a Gecko official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
5. email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. intentionally or unintentionally violate any applicable local, state, national or international law;
8. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
9. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through i above.

You acknowledge that Gecko shall have the right in their sole discretion to remove any Content that is available via the Service. Without limiting the foregoing, Gecko and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You acknowledge, consent and agree that Gecko may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Gecko, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Gecko and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. “Publicly accessible” areas of the Service are those areas of the Gecko network of properties that are intended by Gecko to be available to the general public.

No Sharing of Accounts.  You are not allowed to share your login information or account with anyone.  Violation of this provision is subject to immediate termination of your account and access to the Site.

No False Accounts.  You must not create accounts falsifying your identity. Gecko further agree to indemnify and hold harmless Gecko and any other user for any claims, costs, or damages resulting from your creation and/or use of a false account.

Account Termination. Gecko reserves the right to terminate your account, remove, edit, block, and/or monitor Content or accounts containing content that Gecko determines, in its sole discretion, violates these Terms. Gecko is no responsible for any data or Content that is deleted, lost, or otherwise inaccessible following termination. However, following termination Gecko may, at its discretion, continue to us, publish, display, and share with users and Content previously uploaded to the Site by User.

User Interactions. You are solely responsible for your interaction with other users of the Service, and you agree that Gecko is not responsible or liable for the conduct of you or another user.

Trademarks & Copyrights.  Esoteric Technologies, Gecko, geckohospitality.com, the Gecko logo, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Gecko.  All rights are reserved.  All other trademarks appearing on the Site are the property of their respective owners. The Site contains copyrighted materials and other proprietary information, including, without limitation, downloadable files, text, software, photos, video graphics, music, and sound.  The contents of the Site are protected under the United States copyright laws.  You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.  No copyright, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Gecko and the copyright owner.

Claims of Copyright or Trademark Infringement. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  Gecko also reviews claims of trademark infringement.  If a user believes in good faith that materials hosted by Gecko infringes their copyright or trademark rights, they may send us a notice requesting that the material be removed, or access to it blocked.  The notice must include the following information:  (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Gecko to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  Please be advised that Gecko will not respond to complaints that do not meet these requirements.  If Gecko determines that the materials alleged to infringe a third party’s copyright or trademark rights do not require removal, Gecko will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice.  Counter-notices must include the following information:  (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Gecko may be found, and that you will accept service of process from the person who provided the original complaint; and (3) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement: Email:  webmaster@www.geckohospitality.ca

Non-Disparagement and Non-Interference.  You agree that you will not make disparaging statements about Gecko or any Job Posters featured on the Site at any time.  For the purpose of these Terms, “disparaging” means a statement that denigrates the reputation, goods, or services of another.  Moreover, you agree that you will not take any action that could be deemed to interfere with Gecko’s relationship with any Job Poster. Violation of this provision will result in loss of privileges, including forfeited Commissions, at Gecko’s sole discretion.

Information and Press Releases. The Site may contain interviews, discussions, press releases and other information (collectively, “Information”) about us, our business and our Services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site.  While all Information prepared by Gecko is believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Gecko should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information are solely those of the author(s) and do not necessarily reflect those of Gecko.

Export Control. Any Content, text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, “Materials”) available from or through the Site, as well as all financial transactions, are or may be subject to United States export controls.  No such Materials of financial transactions connected with the Site may be conducted, transferred, downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or other similar list (each, a “Restricted List”).  By using or downloading any Materials from the Site, or requesting or receiving and Commissions, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.

Limitations of Warranties and Remedies.        To the full extent allowed by law, Gecko disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose.  Gecko neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the services and the Site.  In no event will Gecko be liable for any incidental, consequential, punitive or special damages, including, without limitation, lost profits or revenues, even if Gecko has, or should have had, any knowledge, actual or constructive, of the possibility of such damages. OTHER THAN THE REPRESENTATIONS SPECIFICALLY PROVIDED HEREIN, Gecko MAKES NO REPRESENTATIONS WITH REGARD TO THE SITE AND ITS CONTENT AND SERVICES. THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GECKO DOES NOT WARRANT THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GECKO SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

Limitation of Liability. IN NO EVENT SHALL Gecko OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE AND ITS CONTENT OR SERVICES BE LIABLE FOR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, SUCH AS, BUT NOT LIMITED TO, (i) ANY ERRORS IN, OR OMISSIONS FROM, THE SITE; (ii) ANY THIRD-PARTY WEBSITE OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM THE SITE; (iii) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF; (iv) YOUR USE OF, OR INABILITY TO USE, THE SITE; (v) USE OF THE SITE; (vi) YOUR USE OF ANY EQUIPMENT OR SITE IN CONNECTION WITH THE SITE; OR (vii) ANY COMPUTER VIRUSES, WORMS, “TROJAN HORSES,” OR ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, THE SITE BY ANY PERSON, GROUP, OR ORGANIZATION.

THE SITE, CONTENT, AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Gecko MAY MAKE CHANGES TO THE SITE, CONTENT, OR SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. ALTHOUGH GECKO WILL MAKE EVERY EFFORT TO UPDATE THE SITE AS SITEROPRIATE, SOME OF THE SITE’S CONTENT AND SERVICES MAY FROM TIME TO TIME BE OUT OF DATE. GECKO SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

Indemnification.  You agree to defend, indemnify, and hold harmless Gecko and its officers, agents and employees (the “Gecko Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Gecko Parties may incur arising out of or resulting from the use of the Site or Services of Gecko.

Severability.  If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.

Additional Provisions Regarding Liability.  You and Gecko agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.

Links.  The Site may contain links to other sites.  However, please be aware that Gecko is not responsible for and cannot control the terms of use and conditions of such other sites.  We encourage you to be aware when you leave the Site, and to read the terms of use of each and every website.  These Terms applies solely to this Site.  We are not responsible for the content, accuracy, or opinions expressed in such websites.  Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us.

User Representations.  By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Gecko.  You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site.  You also represent and warrant that any information you provide us is true and accurate.

Notices.  Any notices or communication sent to you by Gecko will be sent to your email address on file with Gecko, which may be updated by you in writing at any time.  It is your responsibility for ensuring that Gecko has your current email address at all times.  Any notice sent to you via such email address by Gecko shall be deemed given, received, and read by you, whether or not it actually is received and/or read.   Any notices or communications sent by you to Gecko pursuant to these Terms must be in writing and sent to the address specified herein or such other address as Gecko may specify in writing.   All notices will be sent to:  Email:  webmaster@www.geckohospitality.ca