HAPPEN’S TERMS & CONDITIONS
Last updated November 28, 2014
|This web site (this "Site") is provided by Halton And Peel Professional Executive Network Inc. ("HAPPEN"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using or downloading messages, information, data, text, software, images or other materials from this Site (the "Content"), or by sending messages, information, data, text, software, images or other materials to this Site ("Materials"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Content from 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 HAPPEN. In case of inconsistency between these Terms and Conditions and any other agreement you may have with HAPPEN, the other agreement shall prevail, but only to the extent of the inconsistency.
Subject to these Terms and Conditions, HAPPEN grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other web site; (iii) transfer the Content to any other person without the written consent of HAPPEN; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) 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 sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) 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 Site's infrastructure; (ix) 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; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from HAPPEN; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail 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, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front 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 party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation a HAPPEN employee or agent, an authorized user of HAPPENS' Services, 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 or Employers who post on the Site, including any solicitation by any of our competitors of Recruiters or Employers who post on the 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 that apply or may apply to your use of or activities on this Site or in respect of the Materials and Content. HAPPEN will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
HAPPEN 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 HAPPENS' sole discretion is objectionable or in violation of these Terms and Conditions.
Trademarks. The Service names, company names and logos used on this Site may be trademarks, including registered trademarks of HAPPEN. Such Service names, company names and logos of HAPPEN may not be copied, imitated or used, in whole or in part, without the prior written consent of HAPPEN. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. HAPPENS' Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. HAPPEN reserves all such rights.
Software. Any software, including calculator software, as well any files or images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of HAPPEN or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
HAPPEN is not responsible for the contents of any such linked page or any other page not under its control. HAPPEN makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that HAPPEN sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of HAPPEN.
HAPPEN may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.
Without limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a by-line, identification of publication source, or any other sort of third-party identifier, including the Legal Q&A and other columns, is provided by third parties on an "As Is" basis, and HAPPEN does not review it. HAPPEN and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. The Ontario Legal Q&A and the Québec Legal Q&A provide information only about the laws in force in their respective provinces and do not provide information about the laws in force in any other Canadian province or in any other jurisdiction. It is not intended to be legal advice of any kind. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.
This Site acts as a venue, among other things, for Recruiters and Employers to post job opportunities and Candidates to post resumes.
HAPPEN does not screen or censor the listings offered. As a result, HAPPEN has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Recruiters or Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
Because user authentication on the Internet is difficult, HAPPEN cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release HAPPEN (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
HAPPEN is under no legal obligation to, and generally does not, control the Materials provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. HAPPEN does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data and information which is provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that HAPPEN shall have no liability whatsoever for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, posting or other Materials placed by you, as applicable on the Site.
HAPPEN shall not be responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Site.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.