AGREEMENT BETWEEN USER AND ERIE ST. CLAIR LHIN

This Web Site is comprised of various Web pages operated by Erie St. Clair LHIN (collectively, the Web Site or Site). This Web Site is offered to you conditional on your acceptance of the terms, conditions, and notices contained or referenced herein (collectively, the Terms and Conditions). Your use of this Web Site constitutes your agreement to all Terms and Conditions. If you do not abide by these Terms and Conditions, you should not use this Site or up load any content to it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with the Erie St. Clair LHIN. In case of inconsistency between these Terms and Conditions and any other agreement you may have with the Erie St. Clair LHIN, the other agreement shall prevail, but only to the extent of the inconsistency.

MODIFICATION OF THESE TERMS AND CONDITIONS

Erie St. Clair LHIN reserves the right, in its sole discretion, to change any part of Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at the Site. Please check these Terms and Conditions frequently for updates by checking the date of the posting. Your continued use of this Site or up loading or use of any content from it after any such changes are posted will constitute acceptance of those changes.

MODIFICATIONS TO THIS SITE

Erie St. Clair LHIN may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features at any time without notice or liability; (ii) removing, adding modifying otherwise changing any content on or from this Site; or (iii) imposing limits on certain features and services or restriction your access to parts or all of this Site without notice or liability for any reason whatsoever. Erie St. Clair LHIN reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

PERMITTED OR PROHIBITED USES

This Site may be used only for lawful purposes by Erie St. Clair LHIN employees seeking work related information or by Erie St. Clair LHIN Human Resources recruitment personnel. You agree to use this Site only to send material that is related to the purpose of the Site, and is true, accurate and current and to receive content that is related to the purpose of the Site.
Subject to these Terms and Conditions, Erie St. Clair LHIN grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and its contents for your own personal, non-commercial use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) sell, reproduce, modify or attempt to modify any content on this Site in any way, or reproduce or publicly display, perform, or distribute or otherwise use it for any public or commercial purpose, including without limitation, use of such content on any other web site; (ii) transfer any content from this Site to any other person without the written consent of the Erie St. Clair LHIN; (iii) print or copy any of the HTML or other computer programs that are accessible at this Site; (iv) use this Web Site in any manner, which could damage, disable, overburden, or impair this Web Site or interfere with any other party’s use and enjoyment of this Web Site;(v) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked web sites; (vi) upload, post or otherwise transmit on this Site any materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Sites infrastructure; (vii) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the content in whole or in part; (ix) use or attempt to use another’s account, password, service, system or other information without prior written authorization from the Erie St. Clair LHIN; create or use false identity on this Site; (x) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xi) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e mail; (xii) harvest or collect information about others, except for the sole stated purposes provided by this Site, including e mail addresses, without their consent; or (xiii) register an e mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post certain materials to the Site. You may only post materials for the lawful stated purposes of this Site. You agree, that in posting materials, you will not, nor will you allow others to, directly or indirectly; (i) post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, requires recruitment of other members, sub distributors or sub agents; (iii) delete or revise any material posted by any other person or entity; (iv) post or transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortuous or materials which infringe or violate any third party’s copyright, trademark trade secrets, privacy or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation an Erie St. Clair LHIN employee or agent, an authorized user of this Site, a candidate, an employer or a recruiter, or otherwise misrepresenting your affiliation with any person or entity; (vi) post opinions, notices or advertisements, commercial or otherwise or solicit business from recruiters who post on this Site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that may apply to your use of or activities on this Site or in respect of the materials and content on the Site. Erie St. Clair LHIN will investigate events which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Erie St. Clair LHIN reserves the right at all times to disclose any materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any materials in whole or in part, that in the Erie St. Clair LHINs sole discretion is objectionable or in violation of these Terms and Conditions.

MATERIALS PROVIDED TO LHIN OR POSTED AT ANY WEB SITE
Erie St. Clair LHIN does not claim ownership of the materials you provide to the Erie St. Clair LHIN (including feedback and suggestions) or post, upload, input or submit to the Web Site or its associated services (collectively Submissions ).
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
 
INTELLECTUAL PROPERTY RIGHTS
Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade secrets, relating to the contents of this Site, including without limitation, software.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your username information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Erie St. Clair LHIN of any unauthorized use of your username or password.

AGREEMENT TO PRIVACY POLICY

From time to time, you may be requested to provide the Erie St. Clair LHIN with personal information. Such personal information is subject to the Erie St. Clair LHINs Privacy Policy. You agree to the terms of such Privacy Policy, a copy of which is accessible, via the following link:
https://qss.ccac-ont.ca/01-ESC

DISCLAIMER

You acknowledge that any use of or reliance on this Site or any content shall be at your own risk. Erie St. Clair LHIN makes no representation or warranty of any kind regarding the Site and/or the content on the Site.
ERIE ST. CLAIR LHIN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND.
ERIE ST. CLAIR LHIN AND ITS SUPPLIERS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO INFORMATION, SOFTWARE, MATERIALS, CONTENT, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON INFRINGEMENT, TITLE, SECURITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE UNDER APPLICABLE LAWS OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ERIE ST. CLAIR LHIN DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE.
THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE FOR LHIN EMPLOYEES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ERIE ST. CLAIR LHIN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
This Site acts as a venue, among other things, for employees to review and post information.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of materials placed by you, as applicable on the Site.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ERIE ST. CLAIR LHIN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, MATERIALS, CONTENT, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ERIE ST. CLAIR LHIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Web Site, or with any of these Terms and Conditions, your sole remedy is to discontinue using the Web Site.

THIRD PARTY INFORMATION AND LINKS

This Site may contain links to third party web sites (Linked Sites), and may incorporate information obtained from third parties (Third Party Information). The Linked Sites and Third Party Information are not under the control of the Erie St. Clair LHIN, and the Erie St. Clair LHIN is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, links or any other aspect of the Linked Sites. Erie St. Clair LHIN is not responsible for any form of transmission received from any Linked Site nor is the Erie St. Clair LHIN responsible if the Linked Site is not working appropriately. Erie St. Clair LHIN provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by the Erie St. Clair LHIN of the site or any association with its operators. You are responsible for viewing and complying with the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties conducted through the site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. Erie St. Clair LHIN shall not be responsible or liable for any part of any such dealings.

INDEMNITY

You agree to defend, indemnify and hold harmless the Erie St. Clair LHIN and/or its suppliers and each of their respective officers, directors, employees, contractors and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or misuse of the Site and its contents, your breach of these Terms and Conditions or your violation of any third party rights. Erie St. Clair LHIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Erie St. Clair LHIN in asserting any available defences.

CHOICE OF LAW

This Site is controlled, operated and administered by the Erie St. Clair LHIN from its offices within Canada. Erie St. Clair LHIN makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all applicable local laws. You may not export any of the content accessible through this Site in violation of applicable export laws and regulations. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. These Terms and Conditions shall be interpreted, construed and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws principles. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, claim, or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.

ARBITRATION

Subject to the terms of this section, any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended , replaced or re-enacted from time to time. The resolution of disputes pursuant to this section shall be final and binding upon the parties, and there shall be no appeal therefrom, including, without limitation, any appeal to a court on a question of law, a question of fact or a question of mixed fact and law.
The arbitrator shall be (i) a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party, and (ii) as agreed to by the parties. If the parties cannot agree within a reasonable period of time, an arbitrator will be appointed by a judge of the Superior Court of Justice of Ontario on the application of any party on notice to the other party. No individual shall be appointed as arbitrator unless he or she agrees in writing to be bound by the provisions of this section.
Notwithstanding the foregoing, nothing in these Terms and Conditions shall prevent either party from applying to and obtaining from any court to which the parties have consented to jurisdiction as set forth herein, a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its trade secrets and intellectual property rights and/or confidential information

TERMINATION/ACCESS RESTRICTION

Erie St. Clair LHIN reserves the right, in its sole discretion, to terminate your access to this Web Site and the related services or any portion thereof at any time, without notice.

ADDITIONAL TERMS OF USE

 Use of certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such area.

GENERAL PROVISIONS

No joint venture, partnership, employment, or agency relationship exists between you and the Erie St. Clair LHIN, solely as a result of this agreement or use of this Site and/or Erie St. Clair LHIN services. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Erie St. Clair LHIN with respect to this Site and Erie St. Clair LHIN services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Erie St. Clair LHIN with respect to this Site and Erie St. Clair LHIN services. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement be drawn up in English.
Cest la volonte expresse des parties que la presente convention ainsi que les documents qui sy rattachent soient rediges en anglais.