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Terms of Use

Last Updated: 2022-08-09

Introduction

The goods, services, materials and online services offered by the Halton Industry Education Council ("HIEC", "we” or “us”, which includes HIEC’s directors, officers, employees, consultants, affiliates and assignees) include those offered at www.hiec.on.ca, www.apprenticesearch.com, www.employerregistry.ca and/or any and all other URLs which may be used by HIEC from time to time and all components thereof (collectively and each, the "HIEC Website") and all goods, services and/or materials from and/or on the HIEC Website, offered now or in the future (collectively, the "Deliverables", which term also includes access to and use of the HIEC Website generally).

This Terms of Use Agreement (this "Agreement" or this "Terms of Use Agreement" or the “Terms of Use”) sets forth the legally binding terms for your use of the Deliverables. By accessing and/or using the Deliverables, you agree to be bound by the terms and conditions contained in this Agreement, whether you are a "Visitor" (meaning that you simply browse the HIEC Website, including through a computer, mobile or other device or otherwise use any of the Deliverables for which a Client Account is not required) or you are a "Client" (meaning that you have an account with HIEC, referred to herein as a "Client Account"). The term "User" refers to Visitors and Clients collectively. Further and without limitation to the foregoing, continued use of the Deliverables and/or the creation of a Client Account is and shall be deemed to be confirmation of your acceptance of the terms and conditions as set out in the Terms of Use.

Note: The HIEC Website is maintained and updated in an effort to bring you the latest information online. However, we cannot be held responsible for errors and omissions.

Note: The HIEC Website is operated from and in Canada and subject to the laws and regulations of Canada. However, your access to and use of the HIEC Website and/or any other Deliverable(s) may also be governed by and subject to the jurisdiction in which you access the Deliverables.

YOU (THE USER) ARE ONLY AUTHORIZED TO USE THE DELIVERABLES (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR WITH ANY OF THE LEGAL PROVISIONS APPLICABLE TO IT AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD LEAVE THE HIEC WEBSITE AND DISCONTINUE USE OF THE DELIVERABLES IMMEDIATELY.

You may receive a copy of this Agreement by emailing us at: admin@apprenticesearch.com (Subject: Terms of Use Agreement).

Binding Agreement / Language

  1. This Agreement forms and is a legal agreement between you and HIEC concerning your access to and use of the Deliverables. In consideration of HIEC providing you with access to the Deliverables, through your access to and use of the Deliverables you accept and agree, without limitation or qualification, to the terms and conditions contained in this Agreement and acknowledge that you intend and expect to be legally bound by its terms and conditions. This Agreement is further affirmed by you by ordering, receiving and/or using any good, service or other material from the HIEC Website. If you do not agree with this Agreement, you may not access or use the Deliverables and you should immediately cease and permanently desist any and all use of the Deliverables.
  2. This Agreement includes the HIEC Privacy Policy, the HIEC Linking Policy, and other HIEC policies, all of which are hereby incorporated by reference and form integral parts hereof.
  3. You agree that this Agreement and any of its accessories, including notices, be written in the English language. / Les parties aux présentes ont exigé que la présente « entente » et tous les documents connexes, y compris tout avis, soient rédigés en anglais.

Interpretation

  1. The division of this Agreement into sections, subsections, paragraphs and/or clauses and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement. Each capitalized term has the meaning given to it in this Agreement.

Amendments

  1. HIEC may modify this Agreement from time to time and such modification shall be effective upon posting by HIEC or its agent or representative on the HIEC Website. Your continued use of the HIEC Website after we post a modification to this Agreement shall constitute your acknowledgement and acceptance of this Agreement as so modified. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.You can view the most current version of this Terms of Use Agreement by clicking here. If you do not agree to this Agreement as so modified, you must immediately stop accessing and using the HIEC Website and all other Deliverables.
  2. No supplement, modification or amendment to this Agreement proposed by you shall be binding on HIEC unless agreed to by HIEC in writing.

Eligibility

In consideration of your use of the Deliverables, you represent and warrant that: (a) you are: (i) of legal age to form a binding agreement, which in the Province of Ontario is 18 years of age or (ii) your parent(s) or legal guardian(s) is aware of your intention to agree to this Agreement and has given you his/her/their consent to do so; (b) you are not a person barred from receiving services under the laws and regulations of Ontario, Canada and/or other applicable jurisdictions; and (c) you will provide true, accurate, current and complete information about yourself as prompted and you will maintain and promptly update such information to keep it true, accurate, current and complete. HIEC has the right to refuse, suspend or terminate your Client Account and/or any and all current or future use of the Deliverables (or any portion thereof) if you provide any information that is untrue, inaccurate, not current or incomplete, or HIEC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Use of the Deliverables and registration is void where prohibited.

Usage Rules

  1. You understand that the Deliverables and any and all HIEC software embodied within the Deliverables use a security framework that uses technology that protects digital information and that use of the Deliverables, materials and Content (as defined below) made available to, by or through the Deliverables is subject to certain rules ("Usage Rules", which term includes but is not limited to this Section 8 through Section 24 and all other limitations and obligations pertaining to the use of the Deliverables described herein).
  2. You agree to comply with such Usage Rules, as established from by HIEC from time to time, and you agree to not violate, or attempt to violate, any of the Usage Rules.
  3. You agree to use the Deliverables for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Deliverables shall not be used where, and to any extent, such use is prohibited by law. Your use of the Deliverables from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Deliverables is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Deliverables due to any restriction whatsoever.
  4. You shall not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to the Deliverables for any reason whatsoever.
  5. You shall not engage in any criminal, tortious or other unlawful activity, fraud (including the fraudulent purchase or use of any of the Deliverables), infringement of intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets.
  6. You shall not impersonate or attempt to impersonate another User, person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  7. You shall not use the Client Account, login name or password of another user at any time or disclose your password to any third party or permit any third party to access your Client Account.
  8. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content (as described below) transmitted through the Deliverables or cover or obscure any banner advertisements on any HIEC Website page via HTML/CSS or any other means.
  9. You shall not use any information obtained from the Deliverables in order to harass, abuse, or harm another person or entity, or attempt to do the same.
  10. You shall not engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
  11. You shall not interfere with, disrupt, or create an undue burden on the Deliverables or the networks or services connected to the Deliverables.
  12. You shall not restrict or inhibit other Users from using and/or enjoying the HIEC Website and/or any other Deliverable(s) and/or the Internet generally.
  13. You shall not sell or otherwise transfer any of the Deliverables.
  14. You shall not accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Deliverables on behalf of that person.
  15. You agree that your use of the Deliverables may be controlled and monitored by HIEC for compliance purposes, and HIEC reserves the right to enforce the Usage Rules with or without notice to you.
  16. HIEC reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the above-listed usage rules, including without limitation, reporting you to law enforcement authorities.
  17. Any unauthorized reproduction, publication, further distribution or public exhibition of the Deliverables or Content, in whole or in part, is strictly prohibited.

Third Party Platforms, Applications and Software

  1. The use of any third party platform, application or software (e.g. Shopify, Amazon, etc.) is and shall be governed by the terms, conditions and agreements set by such third party and your use of any third party platform, application or software is at your sole risk.

Term

  1. This Agreement, and any posted revision to this Agreement, shall be effective from the moment you use the HIEC Website and/or the Deliverables and/or when you create your Client Account (whichever is earlier), and shall remain in full force and effect in perpetuity and even after you cease your use of the HIEC Website and/or the Deliverables and/or your Client Account is terminated.

Termination

  1. You may terminate your Client Account at any time, for any reason, by providing HIEC with thirty (30) days advanced notice of your desire to terminate the Client Account. Such notice may be given via email to admin@apprenticesearch.com. Your Client Account shall be deemed canceled upon confirmation of receipt of your cancellation notice and the issuance of a valid cancellation number. If you are dissatisfied with the Deliverables, the Content and/or your use thereof, or with any of the terms, conditions, guidelines, practices or policies of HIEC in providing the Deliverables, you agree that your sole and exclusive remedy shall be to discontinue using the Deliverables.
  2. We may terminate your Client Account at any time, for any or no reason, with or without prior notice or explanation, and without liability. HIEC further reserves the right to take such steps as it deems necessary, including taking legal action, to restrain any and all unauthorized use of the Deliverables and/or the Content, including without limitation, reporting you to law enforcement authorities and/or commencing civil claims. We also reserve the right to refuse, suspend or terminate your account and/or deny, restrict, suspend, or terminate your access to all or any part of the Deliverables if HIEC determines, in its sole discretion, that you (i) have violated this Agreement, (ii) pose a threat to HIEC and/or the users of the Deliverables and/or (iii) have violated any applicable law or regulation.
  3. This Agreement may be terminated by you or us at any time, for any or no reason. Upon termination of this Agreement, the license(s) granted by us to you hereunder shall immediately and automatically be terminated. All other provisions shall remain in full force and effect after termination. Upon termination, you shall immediately cease all use of the Deliverables.

Privacy and Collection and Use of Personal Information

  1. Use of the Deliverables is governed by this Agreement and by the HIEC Privacy Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement. You acknowledge and expressly agree to the terms and conditions of the HIEC Privacy Policy.
  2. Subject to the HIEC Privacy Policy, you agree that HIEC may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, Deliverables support and other services to you (if any) related to the Deliverables. We may use this information to improve and/or provide the Deliverables to you.
  3. For greater certainty, you acknowledge and expressly consent to HIEC accessing, preserving, and disclosing your Client Information if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for Client service and/or technical support; or (v) protect the rights, property, or personal safety of HIEC, its Users and the public.

Passwords & Security

  1. When you register to become a Client (i.e. when you create your Client Account) you will be asked to choose a "Username" and password.
    1. You are solely and entirely responsible for any and all use of your Client Account.
    2. You are solely and entirely responsible for maintaining the confidentiality of your Username and password.
  2. You agree to not use the Client Account, Username or password of another Client at any time and to not disclose your password to any third party.
  3. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

Availability of Deliverables

  1. The availability of specific Deliverables is subject to availability. HIEC makes no representation or warranty as, and cannot guarantee, the availability of any particular Deliverable at any particular time or at all.

Proprietary Rights

  1. You acknowledge and expressly agree that the Deliverables and any and all content and materials (including but not limited to all content posted by HIEC, sponsors, partners and/or affiliates, and/or by you), and all product designs, artistic works, logos, software and all other intellectual property posted and/or otherwise used and/or displayed on the HIEC Website or otherwise created by HIEC and/or its licensors and associated with any of the Deliverables (collectively, "Content") are owned by HIEC and/or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws).
  2. You acknowledge and expressly agree that content and information (with the exception of your name, phone number and other similar personal information) posted or otherwise provided by you as part of your access to and/or use of the Deliverables, is and shall be owned by HIEC immediately and automatically upon the posting/providing of such consent and/or information on the HIEC Website or otherwise to HIEC, and is protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws). To the extent that ownership of such content and/or information cannot be assigned or transferred, you hereby grant to HIEC a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable and perpetual worldwide license to use and otherwise exploit any and all intellectual property and other content and materials posted or otherwise provided by you as part of your access to and/or use of the Deliverables. You also hereby completely and unconditionally waive in whole, any and all moral rights in, or associated with all content sand information posted or otherwise provided by you as part of your access to and/or use of the Deliverables.

Content

  1. Except as provided for in this Agreement, you shall not reproduce, duplicate, copy, modify, rent, lease, loan, sell, distribute, exploit or create derivative works based on, the Deliverables or the Content in any manner and you shall not exploit the Deliverables or Content in any unauthorized way whatsoever (including but not limited to, by trespass or burdening network capacity). For greater certainty and without limiting the generality of the foregoing, any and all Content (including but not limited to blog entries and postings on message boards) posted by you on a HIEC Website is and shall be the sole and exclusive property of HIEC.
  2. You may, to the extent available to do so and subject to this Agreement, use the Deliverables to access such other related information, materials and services as may be made available from HIEC through the Deliverables from time to time hereafter. You agree that you acquire absolutely no rights or licenses to any of the Content or the Deliverables other than the limited right to access and use the Content and the Deliverables in accordance with this Agreement. Any unauthorized reproduction, publication, further distribution or public exhibition of the Deliverables or the Content, in whole or in part, is strictly prohibited.

Communications

  1. By using the Deliverables and in particular downloading HIEC software, you agree and consent that HIEC and its partners and affiliates may communicate with you via such methods of communications as may be necessary and/or advisable by HIEC from time to time in its sole discretion, including but not limited to regular mail and email, whether specifically addressed to you or addressed to multiple parties.
  2. You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, including any exchange of information and receiving electronic communications from time to time, including updates, publications, announcements, messages and other communications, between any email address which you provide to us and any email address(es) which we may provide to you until such time as you withdraw your consent by notifying us that you no longer wish to receive our electronic communications.
  3. Notwithstanding the foregoing, you may withdraw your consent to receive communications electronically at any time. However, we note that not all of the Deliverables allow for communications to be provided in paper format or through other non-electronic means. Therefore, if you withdraw your consent, your use of the Deliverables may be interrupted, limited and/or terminated. In order to withdraw your consent to direct communications from us to you, contact us at: admin@apprenticesearch.com.
  4. All notices and communications by or to you shall be in writing and shall be made via e-mail to admin@apprenticesearch.com or to the e-mail address that you may provide to HIEC in connection with your use of the Deliverables, as applicable. Either party may revise its contact information by sending the other a new/corrected email address to the address specified in the preceding sentence. Notwithstanding the foregoing, HIEC may also post notices or communications, or other matters of importance, on the Deliverables; and you agree that such posts shall constitute notice to you whether or not you actually access the notice/communication via the Deliverables. Notice by e-mail or posting on the Deliverables shall be deemed given forty-eight (48) hours after the e-mail is sent or posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.

Disclaimers and Limitation of Liability

  1. THE DELIVERABLES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. USE OF THE DELIVERABLES IS AT YOUR SOLE RISK.
  2. HIEC MAKES NO WARRANTY, EXPRESS OR IMPLIED THAT (I) THE DELIVERABLES WILL MEET YOUR REQUIREMENTS, (II) THE DELIVERABLES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DELIVERABLES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY DELIVERABLES PURCHASED OR OBTAINED BY YOU THROUGH THE HIEC WEBSITE, OR THAT (V) ANY ERRORS IN HIEC SOFTWARE, OR THE DELIVERABLES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR VIEWED THROUGH THE USE OF THE DELIVERABLES OR THE INTERNET GENERALLY, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY DAMAGES WHICH MAY OCCUR AS A RESULT OF SAME, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND ANY DAMAGES YOU MAY SUFFER IF YOU TRANSMIT CONFIDENTIAL OR SENSITIVE INFORMATION TO US OR IF WE COMMUNICATE SUCH INFORMATION TO YOU. NO ENDORSEMENT OF ANY THIRD PARTY GOODS, SERVICES OR INFORMATION IS EXPRESSED OR IMPLIED BY ANY INFORMATION, MATERIAL OR CONTENT REFERRED TO OR INCLUDED ON, OR LINKED FROM OR TO THE HIEC WEBSITE. HIEC MAKES NO WARRANTY THAT INFORMATION, SOFTWARE AND/OR OTHER MATERIAL ACCESSED OR VIEWED THROUGH THE DELIVERABLES WILL BE FREE OF VIRUSES, BOTS, WORMS, OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS THAT MAY INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE, OR OTHERWISE PERMIT THE UNAUTHORIZED USE OF OR ACCESS TO A COMPUTER OR A COMPUTER NETWORK.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIEC OR THROUGH THE DELIVERABLES SHALL CREATE ANY NEW WARRANTY, REPRESENTATION OR CONDITION.
  4. HIEC IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DELIVERABLES OR ANY USER OF THE INTERNET IN GENERAL.
  5. YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT SHALL HIEC (OR IT'S AFFILIATES, LICENSORS, CONTRACTORS AND RESPECTIVE EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFIT , GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HIEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DELIVERABLES OR OTHERWISE ACCESS THE INTERNET OR ANY PART THEREOF; (II) THE USE OR THE INABILITY TO USE ANY DELIVERABLE PURCHASED OR OTHERWISE ACQUIRED THROUGH THE DELIVERABLES; (III) THE DISCLOSURE OF INFORMATION BY CLIENTS TO HIEC; (IV) ANY CONTENT POSTED ON OR THROUGH THE DELIVERABLES (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR THE DELIVERABLES PURCHASED OR OBTAINED OR THE DELIVERABLESMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DELIVERABLES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VII) STATEMENTS OR CONDUCT OF ANY CLIENT OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; (VIII) THIRD PARTY SOFTWARE OR HARDWARE INSTALLED BY USERS; (IX) SPYWARE, MALWARE OR VIRUSES CONTRACTED FROM USING THE INTERNET OR OTHERWISE THROUGH THE DELIVERABLES; (X) THE USE OF, OR YOUR RELIANCE ON, ANY CONTENT, ADVICE, RECOMMENDATIONS OR OTHER INFORMATION CONTAINED ON/IN OR OTHERWISE PROVIDED TROUGH YOUR USE OF THE DELIVERABLES; OR (XI) ANY OTHER MATTER RELATING TO THE DELIVERABLES, WHETHER OR NOT HIEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
  6. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIEC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HIEC FOR THE DELIVERABLE PROVIDED TO YOU.
  7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links / Third-Party Websites

  1. Use of the Deliverables is governed by this Agreement and by the HIEC Linking Policy. Further, HIEC and/or third parties may provide links to other websites or resources. Inclusion of any link or resource on the Deliverables does not imply the approval or endorsement of HIEC. When you access such sites or resources, you do so at your own risk. HIEC has no control over third party websites and resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by HIEC. You acknowledge and expressly agree that HIEC is not responsible for the availability of such external sites or resources, and that HIEC does not endorse and is not responsible or liable for any content, advertising, goods, opinions or other materials on, or available from or through such sites or resources. You further acknowledge and expressly agree that HIEC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  2. HIEC and/or third parties may create and/or otherwise provide advertisements and applications to Users. HIEC takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Deliverables, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Deliverables, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that HIEC is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Deliverables.

Technical Matters

  1. You understand and acknowledge that the technical processing and transmission of the Deliverables may involve (i) transmissions over various networks, both inside and outside of Canada; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and/or (iii) storage of data and personally identifiable information on local and cloud storage media and servers. HIEC performs technical functions necessary to offer the Deliverables. You agree to allow HIEC to perform such technical functions and that such technical functions may include the installation of software on your device.
  2. HIEC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Deliverables or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Deliverables.
  3. HIEC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication (whether via the Internet, telephone, "wireless" or any other method of communication).

Disputes – Governing Law, Jurisdiction & Attornment

  1. By accessing the Deliverables, you and HIEC agree that all matters relating to access to, or use of the Deliverables and all communications, transmissions and transactions associated with the Deliverables shall be deemed to have occurred in the Province of Ontario, Canada and shall, together with this Agreement, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof. You and HIEC also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
  2. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS PROCEEDINGS IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
  3. The User's sole and exclusive remedy is to cancel his or her Client Account per the terms of this Agreement.
  4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Deliverables or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnity

  1. You agree to defend, indemnify, save and hold harmless HIEC, its affiliates and their respective officers, directors, employees, professional advisors and agents and volunteers from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the Deliverables, your use of the Content and/or your breach of this Agreement and/or your violation of any rights of another.

General

  1. You acknowledge having read, understood and agreed with all of the provisions of this Agreement and have signed it of your own free will and without any form of duress being exerted upon any of them by the others, and each acknowledge having had the opportunity to obtain independent legal advice with respect to it and that they have each either received or expressly waived same.
  2. HIEC shall not be deemed to have waived the exercise of any right that it holds under this Agreement, at law or in equity, unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.
  3. If, in any jurisdiction, any of the terms or conditions contained in this Agreement are held to be unenforceable (in whole or in part) by a court of competent jurisdiction, such term(s) and/or condition(s) shall be restricted or eliminated to the minimum extent necessary and the remaining term(s) and condition(s) (or part(s) thereof) shall otherwise remain in full force and effect.
  4. You agree that this Agreement, the license(s) granted hereunder, your Client Account and your Username and password are non-transferable and any rights to your Client Account, Username and password terminate upon your death. Upon receipt of a copy of a death certificate, your Personally Identifiable Information (as described in the HIEC Privacy Policy) will be deleted permanently.
  5. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as HIEC may reasonably require from time to time for the purpose of giving effect to this Agreement, including regularly reviewing this Agreement and updating your Client Account.
  6. HIEC shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption in the Deliverables resulting directly or indirectly from any act of God or Canada’s enemies, a lawful act of a public authority, a delay or default by a common carrier, fire, explosion, power failure, flood, epidemic, riot or civil disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms, labour disputes, strikes or similar event, which cannot reasonably be foreseen or provided against.
  7. We may use third parties to facilitate the use, license and/or purchase of the Deliverables. If and when you download, install, use, license and/or purchase the Deliverables through any such third party, further terms and conditions may apply, as prescribed by that third party. We are not responsible for and may have no control over those terms and conditions. We strongly recommend that you familiarize yourself with those terms and conditions and ensure they are acceptable to you prior to such download, installation, use, license and/or purchase.
  8. YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE FURTHER TO BE BOUND BY ITS TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME. FURTHER, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT THIS INSTRUMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HIEC, WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT-MATTER OF THIS AGREEMENT. ANYTHING ON/IN THE DELIVERABLES INCONSISTENT WITH THIS AGREEMENT IS SUPERSEDED BY THIS AGREEMENT.

Please CONTACT APPRENTICESEARCH.COM if you have any questions, comments or concerns regarding this Agreement.

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