AGREEMENT BETWEEN USER AND Waterloo
Wellington LHIN
This Web Site is comprised of various Web
pages operated by Waterloo Wellington LHIN. This Web Site is offered to you
conditional on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of this Web Site constitutes your
agreement to all such terms, conditions, and notices. If you do not abide by
these Terms and conditions, you should not use this Site or upload 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 Waterloo Wellington LHIN. In case of inconsistency between
these Terms and Conditions and any other agreement you may have with Waterloo
Wellington LHIN, the other agreement shall prevail, but only to the extent of
the inconsistency.
MODIFICATION OF THESE TERMS AND CONDITIONS
Waterloo Wellington LHIN reserves the right,
in its sole discretion, to change any part of these terms, conditions, and
notices 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 uploading or use of Content from it after any such changes are
posted will constitute acceptance of those changes.
MODIFICATIONS TO THIS SITE
Waterloo Wellington 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. Waterloo Wellington 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 individuals seeking employment and career information; WWLHIN
employees seeking work related information or by WWLHIN Human Resources,
recruitment, personnel. You agree to use this Site only to send materials and
receive content that are proper and related to the purpose of the Site.
Subject to these Terms and Conditions,
Waterloo Wellington LHIN grants you a nonexclusive, nontransferable, limited
right to access, use and view this Site and its contents for your own personal
use, provided, however, that you may not, nor may you allow others to, directly
or indirectly: (i) sell, reproduce, modify or attempt to modify the content in
any way or reproduce or publicly display, perform, or distribute or otherwise
use them for any public or commercial purpose, including without limitation use
of the content on any other web site; (ii) transfer the Content to any other
person without the written consent of Waterloo Wellington 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 the Web Site or interfere with any other party's use and
enjoyment of the 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
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 Site 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 account, password,
service, system or other information without prior written authorization from
Waterloo Wellington 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 email;
(xii) harvest or collect information about others, except for the sole stated
purposes provided by this Site, including email addresses, without their
consent; or (xiii) register an email 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 upfront or periodic payment, requires
recruitment of other members, sub distributors or subagents; (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 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 a Waterloo
Wellington 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 of
Canada and Ontario that may apply to your use of or activities on this Site or
in respect of the materials and content. Waterloo Wellington 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.
Waterloo Wellington 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 Waterloo Wellington LHIN sole
discretion is objectionable or in violation of these Terms and Conditions.
MATERIALS PROVIDED TO WWLHIN OR POSTED AT ANY
Web Site
Waterloo Wellington LHIN does not claim
ownership of the materials you provide to Waterloo Wellington LHIN (including
feedback and suggestions) or post, upload, input or submit to any Web Site or
its associated services (collectively "Submissions").
By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
REGISTRATION AND PASSWORD
You are responsible for maintaining the
confidentiality of your registration information and password. You shall be
responsible for all uses of your registration, whether or not authorized by
you. You agree to immediately notify Waterloo Wellington LHIN of any
unauthorized use of your registration or password.
AGREEMENT TO PRIVACY POLICY
You agree to abide by the Waterloo Wellington
LHIN privacy policy, a copy of which is accessible from the home page of this
Site.
DISCLAIMER
You acknowledge that any use of or reliance
on this Site or any content shall be at your own risk. Waterloo Wellington LHIN
makes no representation or warranty of any kind regarding the Site and/or the
content. Waterloo Wellington LHIN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
AND CONDITIONS OF MERCHATABILITY, MERCHANTABLE QUALITY, NON.INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN
THE LAWS OF CANADA AND/OR ONTARIO OR FROM A COURSE OF DELAING OR USAGE OF
TRADE. Waterloo Wellington LHIN DOES NOT WARRANT THAT THIS SITE WILL CONTINUE
TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE.
This Site acts as a venue, among other
things, for candidates to post resumes, review job opportunities and for
employees to review and post information.
For any users from outside of the Province of
Ontario or outside of Canada the laws of Canada and Ontario are the only laws
applicable to this site. In the event of a claim the governing jurisdiction will
be the applicable laws of Ontario and/or Canada.
You acknowledge and agree that you are solely
responsible for the form, content and accuracy of any resume, or other
materials placed by you, as applicable on the Site.
LIABILITY DISCLAIMER
The information, software, products and
services included in or available through the web site for WWLHIN employees may
include inaccuracies or typographical errors. Changes are periodically added to
the information herein. Waterloo Wellington 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. Waterloo Wellington LHIN and/or its
suppliers make no representations about the suitability, reliability,
availability, timeliness, and accuracy of the information, 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, software,
products, services and related graphics are provided as is without warranty or
condition of any kind. Waterloo Wellington LHIN and/or its suppliers hereby
disclaim all warranties and conditions with regard to this information,
software, products, services and related graphics, including all implied
warranties or conditions of merchantability, fitness for a particular purpose,
title and non-infringement. To the maximum extent permitted by applicable law,
in no event shall Waterloo Wellington 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, 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
Waterloo Wellington 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
and exclusive remedy is to discontinue using the web site.
INDEMNITY
You agree to defend, indemnify and hold
harmless the Waterloo Wellington LHIN and/or its suppliers and each of their
officers, directors, employees and agents, including all third parties
mentioned oat 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 of the Site and the content or your breach
of these Terms and Conditions.
CHOICE OF LAW
This site is controlled, operated and
administered by Waterloo Wellington LHIN from its offices within Canada.
Waterloo Wellington LHIN makes not 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 local laws. You may not export any of the content accessible through
this Site in violation of applicable export laws and regulations. These Terms
and Conditions shall be interpreted, construed and governed by the laws in
force in the Province of Ontario, without reference to its conflict of laws
principles, except where prohibited by mandatory provisions of the laws
applicable in your jurisdiction. 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, suite or proceeding.
ARBITRATION
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 privacy and confidential
binding 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 reenacted from time to time. The arbitrator
shall be a person who is legally trained and who has experience in the
information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may
pursue the protection intellectual property rights and confidential information
through injunctive or other equitable relief through the courts.
TERMINATION/ACCESS RESTRICTION
Waterloo Wellington 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. Use of the
Web Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Waterloo Wellington LHIN as a result of
this agreement or use of the Web Site. Waterloo Wellington LHIN performance of
this agreement is subject to existing local laws and legal process, and nothing
contained in this agreement is in derogation of Waterloo Wellington LHIN right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Web Site or information provided to or gathered by
Waterloo Wellington LHIN with respect to such use.
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 the user and Waterloo
Wellington LHIN with respect to the Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Waterloo Wellington LHIN view with respect to the
Web Site.
A printed version of this agreement and of
any notice given in electronic form 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 to the parties that this agreement and all related documents be drawn up
in English.
ADDITIONAL TERMS OF
USE
Certain areas of this
Site may be subject to additional terms of use. By suing such areas, or any
part thereof, you agree to be bound by the additional terms of use applicable
to such area