Terms of Use

Last Updated: July 16, 2014

Introduction

The online services offered by the Halton Industry Education Council ("HIEC", "we" or "us") include those offered through the HIEC Websites (which term includes www.hiec.on.ca, www.apprenticesearch.com, www.employerregistry.ca and any and all other HIEC branded URLs which may be used by us from time to time and all components thereof) and all services offered now or in the future by HIEC, on or through the HIEC Websites (collectively, the "Services", which term also includes access to and use of the HIEC Websites generally).

By accessing and/or using the Services, you agree to be bound by the terms and conditions contained in the HIEC Terms of Use (the “HIEC Terms of Use”). Further, continued use of the Services and/or registration is confirmation of your acceptance of the terms and conditions as set out in the HIEC Terms of Use.

Binding Agreement

The HIEC Terms of Use form/are a legal agreement between you and HIEC concerning your access to and use of the Services.In consideration of HIEC providing you with access to the Services, through your access to and use of the Services you accept and agree, without limitation or qualification, to the terms and conditions contained in the HIEC Terms of Use and acknowledge that you intend and expect to be legally bound by them.If you do not agree with the HIEC Terms of Use you may not access or use the Services and you should immediately cease and permanently desist any and all use of the Services.

Eligibility

In consideration of your use of the Services, 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 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 account and/or to refuse any and all current or future use of the Services (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 Services and registration is void where prohibited.

Right to Access and Use / Proprietary Rights

You agree to use the Services and the Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Services shall not be used where, and to any extent, such use is prohibited by law.Your use of the Services 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 Services 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 Services due to any restriction whatsoever.

HIEC grants you a personal, non-transferable and non-exclusive license to access, read, download and print the data, images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials available through the Services (the “Content”) solely and exclusively for your personal and private, non-commercial use.You may not distribute, modify, transmit, reuse, repost, copy or use the Content or the Services, in whole or in part, for public or commercial purposes, without the express written permission of HIEC.

You hereby agree and acknowledge that HIEC and/or its licensor(s) is/are and shall remain the sole and exclusive owner(s) of the Content and the Services, and all intellectual property associated therewith, including but not limited to all copyrights, trademarks, trade secrets, patents, logos and designs.You may, to the extent available to do so and subject to the HIEC Terms of Use, use the Services to access such other related information, materials and services as may be made available from HIEC through the Services from time to time hereafter.You agree that you acquire absolutely no rights or licenses to any of the Content or the Services other than the limited right to access and use the Content and the Services in accordance with the HIEC Terms of Use.Any unauthorized use or display of any such trade-marks or trade names is strictly prohibited.

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 Services, is and shall become owned by HIEC immediately and automatically upon the posting/providing of such consent and/or information on an 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 HIEC a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable and perpetual worldwide license to use any and all intellectual property and/or other content and materials posted or otherwise provided by you as part of your access to and/or use of the Services.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 Services.

Links

The Services may include hypertext links to other web sites solely for the purpose of helping you identify and locate other sources of information that may be of interest.Any such links do not imply any endorsement of (including that HIEC has reviewed such sites) or association with such third party web sites and HIEC is not responsible for such third party web sites or the information contained on such third party web sites. Use of third party web sites is entirely at your sole discretion and risk.

You may not create links from other web sites to this Site without the prior written consent of HIEC. Any copying, republication or redistribution of the Services or the Content, in whole or in part, including by caching, framing or similar means, is expressly prohibited without the prior written consent of HIEC.

Privacy and Collection & Use of Personal Information

Your privacy and the security of your personal information are very important to HIEC.HIEC’s Privacy Policy explains how HIEC collects and uses certain information, including the personal information that you supply to HIEC or otherwise make available through the Services.HIEC’s Privacy Policy is hereby incorporated by reference and is an integral part of the HIEC Terms of Use.

By using the Services and/or registering an account through and for the Services, 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.Notwithstanding the foregoing, you may withdraw the foregoing consent at any time in accordance with the terms and conditions of the HIEC Terms of Use.

Passwords & Security

When you register as part of the Services, you will be asked to choose a login name and password.You are solely and entirely responsible for any and all use of your account and for maintaining the confidentiality of your login name and password.You agree to not use the account, login name or password of another registered user at any time and to not disclose your password to any third party and agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

Termination/Suspension/Remedies

You may terminate your registered account at any time, for any reason, by providing HIEC with thirty (30) days advanced notice of your desire to do so.Such notice may be given via email.Your account shall be deemed cancelled upon confirmation of receipt of your cancellation notice.If you are dissatisfied with the Services, the Content and/or your use thereof, or with any of the terms, conditions, guidelines, practices or policies of HIEC in operating the Services, you agree that your sole and exclusive remedy shall be to discontinue using the Services.

We may terminate your 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 Services 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 Services if HIEC determines, in its sole discretion, that you (i) have violated the HIEC Terms of Use, have engaged in prohibited activity, (iii) pose a threat to HIEC and/or the users of the Services and/or (iv) have violated any applicable law or regulation.

Prohibited activity includes, but is not limited to: (i) criminal, tortious or other unlawful activity, activity encouraging or facilitating criminal, tortious or other unlawful activity; (ii) 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; (iii) any automated use of the Services, including but not limited to Maillist, Listserv or any other auto-response software or program; using the account, login name or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring any of the Services.

Waiver

No waiver of any of breach of any term or condition of the HIEC Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.All waivers by HIEC must be in writing and signed by an authorized representative of HIEC.

Limitations

YOU AGREE THAT THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND ARE FOR YOUR PERSONAL, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER.HIEC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, THE CONTENT OR ANY THIRD PARTY INFORMATION AND/OR WHETHER THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.THE VIEWS AND OPINIONS EXPRESSED BY USERS ARE THE VIEWS AND OPINIONS OF THE INDIVIDUAL SHARING SUCH VIEWS AND OPINIONS AND DO NOT NECESSARILY REFLECT THE VIEWS AND OPINIONS OF HIEC OR ITS OTHER STAFF OR VOLUNTEERS.HIEC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR ANY USER OF THE INTERNET IN GENERAL.

IN NO EVENT SHALL HIEC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES OR ANY CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH: (I) THE TRANSMISSION OR DOWNLOADING OF ANY CONTENT FROM THE SERVICES OR SUBMISSIONS/POSTINGS TO THE SERVICES; OR (II) ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR 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 SERVICES, WHETHER OR NOT HIEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

Indemnity

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 Services, your use of the Content and/or your breach of the HIEC Terms of Use.

Location and Law

The online components of the Services are physically located on servers in Canada and are administered by HIEC from its offices in the Province of Ontario, Canada.By accessing the Services, you and HIEC agree that all matters relating to access to, or use of the Services and all communications, transmissions and transactions associated with the Services shall be deemed to have occurred in the Province of Ontario, Canada and shall, together with the HIEC Terms of Use, 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.

General

If, in any jurisdiction, any of the terms or conditions contained in the HIEC Terms of Use 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.

The HIEC Terms of Use constitute the entire agreement between you and HIEC relating to the access to and use of the Services and the Content.Anything on/in the Services inconsistent with the HIEC Terms of Use is superseded by the HIEC Terms of Use.

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