These Legal Terms and Disclaimers (the “Agreement”) constitute an agreement between you, the Website user (“You” or “Your”, where applicable) and (“Employee Point”), regarding your access, use and/or membership/subscription to the Website known as www.employeepoint.org (“the Portal”) and any activities or transactions conducted on or through the Portal.
1. Use of this Website
a. This Website caters to people who face various challenges at work and would like to explore constructive ways to approach them. Thus, the Website aims to provide relevant information, resources and tools that would be useful to Website users. Also, the Website’s discussion forum (“Discussion Forum”) is meant to encourage the sharing of views and experiences, and thereby be a platform for new insights to be discussed and disseminated.
b. As a Website user, You agree and confirm that:
- You are at least 18 years of age and have the legal capacity to enter into this Agreement;
- You will not share, upload, post or provide any content (whether comments, photographs, videos or other materials, all of which shall hereinafter be referred to as “User Content”)that is inappropriate in nature and/or in breach of any applicable law, rules or contractual obligations to which You may be subject to. For example, this includes User Content that is and/or would be deemed to be: (i) defamatory, libelous, false, misleading, vulgar, abusive, offensive, or derogatory of any ethnic, racial, sexual, religious or other groups; or (ii) inappropriate in that it endorses or condones any illegalor risky activity or behavior; or (iii) in breach of any confidentiality or other obligations in Your employment contract;
- You will respect the rights of others and will therefore not share, upload or use any User Content that infringes or might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
- You will not post or submit any personal information about yourself or third parties (such as names, telephone numbers and addresses) in the Discussion Forum as the contents on that page are accessible to anyone with an active membership; and
- You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or that infringes the intellectual property rights of another.
d. Employee Point is not responsible for User Content that is shared or posted by third party Website users. Also, such User Content does not necessarily reflect the views of Employee Point, but rather that of the third party concerned.
2. License and Ownership
a. Any and all information, product names, domain names, trademarks or trade names, copyrights, or other proprietary rights (whether or not registered), reports, articles, web pages, graphics, data, databases, files, multimedia, software or content (the “Content”) as used in or accessed through this Portal, including the manner in which the information is presented or appears and all information relating thereto are the property of their respective owners as indicated, Employee Point or its licensors.
b. As a general rule, in terms of the User Content, Employee Point will not use User Content other than for research purposes, and will not use, share or disclose User Content without permission or in an identifiable manner. You hereby grant to Employee Point and its affiliates the right to use User Content for research purposes.
c. Unless prior written permission is obtained from Employee Point and its licensors, the Portal and any Content therein may not be reproduced, published, copied, linked to, framed, tagged, embedded, merged, modified, recompiled, licensed, distributed, sold, stored in an electronic retrieval system, downloaded (except by your browser as a single user) or transmitted, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.
Disclaimer and Indemnity
a. The Website, Content, tools, systems and/or services available on the Portal areprovided on an “as is” basis. Employee Point, its licensors and its suppliers, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Additionally, Employee Point and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security, reliability, availability or timeliness of the Website or of any Content, tools, systems and/or services provided on or through the use of the Portal.
b. Nothing on this Portal constitutes, or is meant to constitute, advice of any kind. If Yourequire advice in relation to any legal, financial or medical matter,You should consult an appropriate professional.
c. You are solely responsible for the retrieval and use of the Content (inclusive of User Content), resources, products and services available on or through this Portal. You should apply Yourown judgment in making any use of the Content, including, without limitation, the use of the Content as the basis for any conclusions, decisions, actionsand/or for the purchase of any products or services or other transactions.
d. Employee Point, its directors, officers, agents and affiliates shall not be liable, either directly or indirectly, for any special, indirect, economic or consequential damages whether arising in contract, tort or otherwise; damages for loss of jobs, disciplinary actions at work, impacts on Your career, legal actions by a former employer; damages for loss of use, lost profits, lost savings, lost opportunity, viruses, or data corruption; or damages arising as a result of the transmission, inability to use this Portal or the Content, transactions, products or services available on or through this Portal, or any other website or portal accessed to or from this Portal.
e. You hereby agree to indemnify and to keep Employee Point, its affiliates and each of their respective agents, employees, directors, successors and assigns, indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered arising out of any and all claims based on the User Content that you share, upload, post and/or submit, including (but not limited to) claims based on publicity rights, defamation, invasion of privacy, breach of contract, copyright infringement, trademark infringement or any other intellectual property related cause of action as well as those claims which arise out of any breach by You of any provision in this Agreement.
f. If you have a dispute with one or more users, you release Employee Point (and Employee Point’s officers, directors, agents, affiliates and employees) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
3. Links from this Website
a. Employee Point reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Portal. You are responsible for periodically reviewing the amendments on this Portal and You are deemed to be aware of such amendments. If You do not agree to these amendments, You shall immediately stop using this Portal. Access to this Portal or use of this Portal after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amendments to this Agreement.
a. In the event that any one or more of the provisions contained in this Agreement shall be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of any such provision in every other respect and of the remaining provisions of this Agreement shall not in any way be affected or impaired.
b. Failure on the part of Employee Point to enforce any of the provisions set out in this Agreement shall not be construed as waiver of such provisions and shall not affect the validity of this Agreement or any part thereof, or the right thereafter to enforce each and every provision.
b. The governing law of this Agreement shall be the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any disputes. The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
c. There shall be no refund of any membership fees paid for whatever reason.
a. Employee Point may be required by provincial or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon Employee Point’s posting them on this Portal or delivering them to you through e-mail. You may update your e-mail address on this Portal where you have provided contact information. If you do not provide Employee Point with accurate information, Employee Point cannot be held liable if it fails to notify you.
10. Customer Service
a. Questions or comments regarding the Website or Portal may be submitted to our Customer Service centre, details of which are as per below:
PO Box 32045,
Lincoln Heights PO