Welcome to The Employer Registry!

Please read the following carefully.

Welcome to the employerregistry.ca website (the “Site”), owned and operated by The Employer Registry, an initiative of the Halton Industry Education Council (hereafter HIEC). “We”, “Our”, “ER.ca”, or “Us” refer to the Employer Registry, an initiative of HIEC. The following Terms of Service (the “TOS”) define the terms and conditions that you (“You”, “Your” or “User”) agree to when You use and/or register with Us to make use of the Site. Please read these terms and conditions carefully before using the Site and the Services. BY CONTINUING TO USE THE SITE AND THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TOS, AND ALL RELATED POLICIES AND GUIDELINES OF THE EMPLOYER REGISTRY, INCLUDING THE PRIVACY POLICY, AS INDICATED IN THESE TOS ARE INCORPORATED BY REFERENCE.

The Employer Registry reserves the exclusive right to revise, change or amend any portion of these TOS, or any other policies or guidelines governing the Site and the Services, at any time, in its sole discretion and without advance notice to You. You agree to comply with all policies regarding permitted and prohibited uses of the Site and the Services that may be posted by The Employer Registry on the Site. Any changes will be effective upon posting of the revisions on the Site. Your use of the Site and the Services will be subject to the most current version of these TOS posted on the Site at the time of such use. You may view the most current version of this policy at www.EmployerRegistry.ca/TOS. YOUR CONTINUED USE OF THE SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TOS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SITE AND THE SERVICES.

At the sole discretion of The Employer Registry, a User in violation of these TOS may have the Services cancelled, have his or her account terminated and/or, if appropriate, be subject to a civil action and/or criminal prosecution.

1. DEFINITIONS

In these TOS, capitalized terms shall have the meanings set out in this Section 1:

2. INTERPRETATION

The provisions contained in these TOS are intended to be guidelines for You as it relates to acceptable behaviour and conduct in connection with Your use of the Site and the Services. THESE PROVISIONS ARE NOT MEANT TO BE EXHAUSTIVE. In general, any conduct that violates any laws and regulations, whether or not expressly mentioned in these TOS, is prohibited. The Employer Registry reserves the exclusive right, at any and all times, to prohibit any of Your activities, in connection with Your use of the Site and the Services, that in any way damage the reputation and goodwill of The Employer Registry and any Passport to Prosperity-related initiatives and programs.

Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.

3. SYSTEM AND NETWORK SECURITY

In connection with Your use of the Services, You are strictly prohibited from engaging in the following activities:

1. tampering with accounts of other users, or committing unauthorized intrusions into any part of the The Employer Registry system or related systems;


2. using accounts not provided or intended for use by You or circumventing security provisions in order to access the Site and/or the Services;

4. DISCLAIMER

The Site and all Services provided by The Employer Registry, is provided to You “as is” and “as available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.
The Employer Registry makes no representations or warranties that: (i) the Site and the Services will meet Your requirements; (ii) the Site and the Services will be uninterrupted, timely, secure, or error-free; and (iii) the results that may be obtained from the use of the Site and the Services will be accurate or reliable.

The Employer Registry is not responsible for any damages arising from Your use of the Site and any Services provided by The Employer Registry or Your inability to use the Site and any Services for any reason.

5. LIMITATION OF LIABILITY

You expressly understand and agree that in no event shall The Employer Registry, HIEC, its directors, officers, shareholders, employees, agents or advisors be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Employer Registry or HIEC has been advised of the possibility of such damages under contract, warranty, negligence, strict liability or any other theory), resulting from: (i) the use or the inability to use the Services, the Site or any content; (ii) any third party claims that the use by You of the Services, the Site or the content violates any intellectual property right; or (iii) any other matters relating to the Service, the Site or the content.

You specifically acknowledge that The Employer Registry or HIEC shall have no liability to You for any content downloaded from the Site and/or the Service. You agree that the aggregate liability of The Employer Registry, HIEC, its directors, officers, shareholders, employees, agents or advisors to You for any and all claims under contract, warranty, negligence, strict liability, or other theory arising from these TOS or from the use of the Site, the content, or the Services is limited to CAD $100.00.

6. GENERAL

You agree to abide by the following general provisions:

1. The Employer Registry reserves the right, in its sole discretion, to deactivate Your account(s) upon an indication of that portions of these TOS are, in the sole and absolute discretion of The Employer Registry, being violated in any way.


2. The Employer Registry has no obligation to monitor content or Your use of the Site and/or the Services. However You agree that We have the right to monitor and investigate Your use of the Site and/or the Services electronically from time to time and to disclose any information as necessary to:
   
   1. satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against You;
   
   
   2. operate the Site and Services properly;
   
   
   3. ensure or enforce compliance with these TOS and the Privacy Policy; or
   
   
   4. protect The Employer Registry, HIEC or Our affiliates, partners, sponsors and other users.


3. Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. The Employer Registry is not liable for protection or privacy of Your e-mail or Your other information transferred through the Internet or any other network The Employer Registry or its other users may utilize.


4. Your use of any Content obtained via the Site and the Services is at Your own risk. The Employer Registry specifically denies any responsibility for the accuracy or quality of information obtained through the Site and the Services.


5. If The Employer Registry cancels Your account(s) for any reason, You agree not to reregister with employerregistry.ca without The Employer Registry’s prior written consent. In the event You reregister without The Employer Registry’s prior written consent, The Employer Registry will deactivate Your account(s).


6. The Employer Registry requires that You be at least eighteen (18) years of age to create an account. Any misrepresentation made by You in respect of any data and/or information supplied by You during the registration process will be grounds for The Employer Registry to terminate Your account.


7. You agree to defend, hold harmless and indemnify The Employer Registry and HIEC from any and all liability, Claim, loss, judgment, damage, cost or expense (including, without limitation, reasonable legal fees) arising out of Your breach or violation of any covenant contained in these TOS, or resulting from Your use of the Site and/or the Services.


8. You agree to waive and hold The Employer Registry and HIEC harmless from any Claims relating to any action taken by The Employer Registry as part of an investigation into a suspected violation of these TOS or as a result of its conclusion that a violation of these TOS has occurred.


9. The Employer Registry has a strong policy to respect and protect the privacy of its users and their information that is stored on The Employer Registry’s servers. This policy is available at www.EmployerRegistry.ca/privacy. The Employer Registry will only use and disclose information in accordance with the Privacy Policy.

7. POLICY ENFORCEMENT

When The Employer Registry becomes aware of any alleged violation of these TOS, The Employer Registry will immediately initiate an investigation. The Employer Registry may at its own discretion anytime during an investigation, restrict Your access to the Site and/or Services in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, The Employer Registry may, at its sole discretion, restrict, suspend, or terminate Your account and/or pursue other legal remedies. If such violation is a criminal offence, The Employer Registry will promptly notify the appropriate law enforcement officials of such violation. You hereby authorize The Employer Registry, its affiliates, suppliers and agents to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce these TOS. Such cooperation may include The Employer Registry providing the username, IP address or other identifying information about a subscriber.

Notwithstanding any of the above, The Employer Registry reserves the right, in its sole and absolute discretion, to terminate Your access to any Services, at any time.

8. CONTENT

All Services and the Site may be used for lawful purposes only.

The Employer Registry will be the sole arbiter as to what constitutes a violation of this provision.

9. REPORTING ABUSE OF THIS POLICY

Any party seeking to report any violations of this policy may send an e-mail to: tosabuse@employerregistry.ca

10. (a) GENERAL APPLICABLE LAW

You agree that all matters relating to the use of the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. You also agree that any action at law or in equity arising out of or relating to these TOS or Your use of the Site, the Services or the Content will be filed only in a court located in Burlington, Ontario, Canada and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.

(b) ENTIRE AGREEMENT

These TOS constitutes the entire agreement between You and The Employer Registry relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and these TOS may not be amended or modified except in writing or by making such amendments or modifications available on the Site.

(c) NO AGENCY; THIRD-PARTY BENEFICIARY

The Employer Registry or HIEC is not Your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these TOS is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these TOS. These TOS and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of The Employer Registry and You.

(d) ASSIGNMENT

You may not assign, convey, subcontract or delegate any of Your rights, duties or obligations hereunder.

(e) SEVERABILITY

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.

(f) LIMITATION

You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Site and/or the Services or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(g) NO WAIVER

The Employer Registry will not be considered to have waived any of its rights or remedies described in these TOS unless the waiver is in writing and signed by The Employer Registry. No delay or omission by The Employer Registry in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The Employer Registry’s failure to enforce the strict performance of any provision of these TOS herein will not constitute a waiver of The Employer Registry’s right to subsequently enforce such provision or any other provisions of these TOS.

(h) HEADINGS

The headings used in these TOS are included for convenience only and have no legal or contractual effect.