AGREEMENT BETWEEN USER AND MISSISSAUGA HALTON LHIN

This Web Site is comprised of various Web pages operated by Mississauga Halton 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 Mississauga Halton LHIN.

MODIFICATION OF THESE TERMS AND CONDITIONS

Mississauga Halton 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. You are expected to 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.

PERMITTED OR PROHIBITED USES

This Site may be used only for lawful purposes by Mississauga Halton LHIN employees seeking work related information or by Mississauga Halton LHIN Human Resources Department. 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, Mississauga Halton LHIN grants you a nonexclusive, nontransferable, limited right to access, use and view this Site and its contents for your own personal, noncommercial 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 Mississauga Halton 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 parties 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; (viii) use or attempt to use an account other than the one registered to you, password, service, system or other information without prior written authorization from the Mississauga Halton LHIN; create or use false identity on this Site; (ix) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (x) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass email; (xi) harvest or collect information about others, except for the sole stated purposes provided by this Site, including email addresses, without their consent; or (xii) 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, multilevel 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 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 parties 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) without authorization impersonate any person or entity, including without limitation a Mississauga Halton 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 on the Site. Mississauga Halton 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.
Mississauga Halton 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 Mississauga Halton LHINs sole discretion is objectionable or in violation of these Terms and Conditions.

MATERIALS PROVIDED TO THE LHIN OR POSTED AT ANY WEB SITE

Mississauga Halton LHIN does not claim ownership of the materials you provide to Mississauga Halton 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 Mississauga Halton LHIN of any unauthorized use of your registration or password.

AGREEMENT TO PRIVACY POLICY

You agree to abide by the Mississauga Halton LHIN privacy policy, a copy of which is accessible from the home page of this Site.

LIABILITY DISCLAIMER

The information, 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. Mississauga Halton 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. Mississauga Halton 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. Mississauga Halton 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 Mississauga Halton 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 Mississauga Halton 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.
You acknowledge that any use of or reliance on this Site or any content shall be at your own risk. Mississauga Halton LHIN makes no representation or warranty of any kind regarding the Site and/or the content.
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.

INDEMNITY

You agree to defend, indemnify and hold harmless Mississauga Halton LHIN and/or its suppliers and each of their officers, directors, employees and agents, including all third parties mentioned on 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 the Mississauga Halton LHIN from its offices within Canada. Mississauga Halton 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.
Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION/ACCESS RESTRICTION

Mississauga Halton 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 or agency relationship exists between you and Mississauga Halton LHIN as a result of this agreement or use of the Web Site. Mississauga Halton LHINs performance of this agreement is subject to existing local laws and legal process, and nothing contained in this agreement is in derogation of Mississauga Halton LHINs 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 Mississauga Halton 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 Mississauga Halton 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 Mississauga Halton 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 using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.