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Web site use agreement for www.towhey.com
This agreement governs your use of the web site www.towhey.com and the content, information and services provided through the web site (the "web site"). It exempts TOWHEY Consulting Group Inc. and other persons from liability or limits their liability and contains other important provisions that you should read.
Each time you use the web site, this agreement as it then reads will govern your use. You should check the current version of this page each time you use the web site and review any changes since the last version.
This Agreement contains the following provisions:
- Your Acceptance of this Agreement
- Scope of this Agreement
- Changes to this Agreement
- Permission to Use the Web Site
- Web Site Communications and Orders
- Errors
- No Advice
- Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
- Ownership and Permitted Uses of the Web Site
- Trademark Information
- Personal Information Privacy
- Other Sites
- Linking, Framing, Mirroring, Scraping and Data-Mining the Web Site
- Termination of this Agreement and the Web Site
- Governing Law and Dispute Resolution
- Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and TOWHEY Consulting Group Inc. and governs your use of the web site. This Agreement also provides benefits to TOWHEY Consulting Group Inc.'s affiliates, service providers, suppliers and sub-contractors, including various TOWHEY Consulting Group Inc. businesses around the world (collectively "Affiliates and Providers").
Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Web Site.
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with TOWHEY Consulting Group Inc. or Affiliates and Providers (now or in the future) concerning your dealings with TOWHEY Consulting Group Inc. or Affiliates and Providers generally. This Agreement is the entire agreement regarding your access to and use of the Web Site, and supersedes all previous agreements (written, oral or otherwise) regarding your access to and use of the Web Site. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with TOWHEY Consulting Group Inc. or Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Web Site except where this Agreement is specifically referenced and it is agreed in writing that such other agreement shall supersede this Agreement in particular.
TOWHEY Consulting Group Inc. may, at its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
4. PERMISSION TO USE THE WEB SITE
The Web Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this Agreement. Persons using the Web Site must comply with all applicable laws. TOWHEY Consulting Group Inc. may at its discretion refuse permission to access and use the Web Site.
5. WEB SITE COMMUNICATION AND ORDERS
By activating certain links, including order-related links, you may be automatically connected with web sites operated by Affiliates and Providers. If you use the Web Site to initiate communication regarding your consulting or other service needs, the information you submit may be disclosed to, and processed and responded by, Affiliates and Providers. Please also see Section 12, Other Sites, below.
All communications you submit through the Web Site or email must be true, accurate and complete. TOWHEY Consulting Group Inc. and Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the Web Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to TOWHEY Consulting Group Inc. , you and all persons you represent will be liable for any loss, damage or additional costs that you, TOWHEY Consulting Group Inc. , Affiliates and Providers, or other persons may incur as a result.
You authorize TOWHEY Consulting Group Inc. and Affiliates and Providers to: (a) accept communications that they receive from you by means of the Web Site or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Affiliates and Providers, and TOWHEY Consulting Group Inc. employees by means of the Web Site, email or other communications; and (c) respond to your communications by means of Internet communications, email or other communications. Communications you send to TOWHEY Consulting Group Inc. by means of the Web Site or email are not effective unless and until they are processed by the responsible TOWHEY Consulting Group Inc. representative.
TOWHEY Consulting Group Inc. may refuse to process any communications sent to TOWHEY Consulting Group Inc. by means of the Web Site or email, or may reverse the processing of any communications sent to TOWHEY Consulting Group Inc. by means of the Web Site or email, at any time at TOWHEY Consulting Group Inc. 's discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) TOWHEY Consulting Group Inc. cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with TOWHEY Consulting Group Inc. ; (c) TOWHEY Consulting Group Inc. considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
TOWHEY Consulting Group Inc. endeavors to provide accurate information through the Web Site. Nevertheless, errors may occur and TOWHEY Consulting Group Inc. is not responsible for any incorrect or inaccurate information posted on the Web Site. Accordingly, TOWHEY Consulting Group Inc. reserves the right to change other information available through the Web Site at any time and from time to time without any notice or liability to you or any other person.
The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.
8. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
TOWHEY Consulting Group Inc. and Affiliates and Providers do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site.
Disclaimer
The web site is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by TOWHEY Consulting Group Inc. and the Affiliates and providers to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the web site.
The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the web site may be affected by numerous factors beyond TOWHEY Consulting Group Inc.'s control. The operation of the web site may not be continuous or uninterrupted, secure or private.
TOWHEY Consulting Group Inc. and the Affiliates and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by TOWHEY Consulting Group Inc. to give effect to, or for any failure or delay by TOWHEY Consulting Group Inc. in receiving, accessing, processing or accepting, any communication sent to TOWHEY Consulting Group Inc. by means of the web site or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the web site or email services.
Without limiting the generality of the foregoing, TOWHEY Consulting Group Inc. makes no representation, warranty or condition that: (a) the web site will be compatible with your computer and related equipment and software; (b) the web site will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the web site will meet your requirements; (d) the information contained in the web site or derived from the web site will be accurate, complete, sequential, or timely; (e) certain or any results may be obtained through the use of the web site; (f) the use of the web site, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or (g) the use of the web site will not infringe the rights (including intellectual property rights) of any person; and TOWHEY Consulting Group Inc. disclaim any and all liability regarding such matters to the fullest extent permitted by law.
Liability Exclusion
To the maximum extent permitted by law, TOWHEY Consulting Group Inc. will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, cost of procurement of substitute services, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the web site by you or any other person, and regardless of any negligence or other fault or wrongdoing by TOWHEY Consulting Group Inc. or any person for whom TOWHEY Consulting Group Inc. may be responsible, and notwithstanding that TOWHEY Consulting Group Inc. may have been advised of the possibility of such loss or damages being incurred by you or any other person.
The exclusion of certain warranties and the exclusion of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
Liability Limitation
Without limiting the foregoing, in no event will TOWHEY Consulting Group Inc.'s total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by TOWHEY Consulting Group Inc. or any person for whom TOWHEY Consulting Group Inc. is responsible, exceed $100 (US) or the amount you paid to TOWHEY Consulting Group Inc. for the use of the web site, whichever is less.
The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
Release
You hereby release, remise and forever discharge each of TOWHEY Consulting Group Inc. and all of their respective franchisees, partners, agents, directors, officers, shareholders, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the web site.
Indemnity
You agree to indemnify, defend and hold harmless each of TOWHEY Consulting Group Inc. and all of its respective franchisees, partners, agents, directors, officers, shareholders, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the web site or your breach of this agreement. You will assist and cooperate as fully as reasonably required by the indemnified parties in the defense of any claim or demand. Advice and information provided by TOWHEY Consulting Group Inc. or its respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
Fair Allocation of Risk and Liability
Your acknowledge and agree this agreement represents a fair allocation.
9. OWNERSHIP AND PERMITTED USES OF THE WEB SITE
Copyright © TOWHEY Consulting Group Inc. All Rights Reserved. The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Web Site are the property of TOWHEY Consulting Group Inc. and others, and are protected by Canadian, United States and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content.
The Web Site may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of TOWHEY Consulting Group Inc.
The Web Site may be used only for lawful purposes. The Web Site may be accessed and used only using commercially available, SSL-capable Web browser software.
towhey.com, towhey.org, towhey.net, towhey.ca, towhey.biz, towhey.mobi, towhey.us, thecrisisgroup, Third Call, CROSS Team, ROCC, Seven Keys to Strategic Influence, Strategic Influence, CAPER Crisis Management Framework, integrated issues, risk + crisis leadership, Communication Triage, Uniform Marketing, mPower, Career Pyramid, Mission Pyramid, HR4SmallBusiness, PR4SmallBusiness, Strategic Communication Assessment, Communication Action Plan, Competency Clusters and Military Marketing Solutions, the TOWHEY Consulting Group and thecrisisgroup logos, and other marks and logos appearing on the Web Site are registered and unregistered trademarks, trade names and service marks ("Marks") owned or licensed by TOWHEY Consulting Group Inc. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.
Any use by you of the "Marks" displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.
11. PERSONAL INFORMATION PRIVACY
TOWHEY Consulting Group Inc. collects, uses and discloses information regarding your use of the Web Site and your personal information in accordance with the Privacy Policy, which is reproduced below. TOWHEY Consulting Group Inc. may change its Privacy Policy from time to time at its discretion without prior notice or liability to you or any other person. By accepting this Agreement, and each time you use the Web Site, you consent to TOWHEY Consulting Group Inc.'s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.
The Web Site includes links to other web sites or resources and businesses operated by Affiliates and Providers or other persons (collectively, "Other Sites"). Other Sites are independent from TOWHEY Consulting Group Inc., may have different or inconsistent privacy policies or terms of use and services provided by such Affiliates and Provides or other persons may be provided under different terms and conditions. TOWHEY Consulting Group Inc.has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. TOWHEY Consulting Group Inc.does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against TOWHEY Consulting Group Inc.arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and TOWHEY Consulting Group Inc.the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
13. LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE
Links to the Web Site without the express written permission of TOWHEY Consulting Group Inc.are strictly prohibited. The framing, mirroring, scraping or data mining of the Web Site or any of its content in any form and by any method are strictly prohibited.
14. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web Site.
TOWHEY Consulting Group Inc.may, at any time and for any reason and at its discretion: (a) change, suspend or terminate, temporarily or permanently, the Web Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Web Site is terminated by you, or by a person you represent, or by TOWHEY Consulting Group Inc., then: (a) this Agreement and all other then existing agreements between TOWHEY Consulting Group Inc.and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Web Site, and anything connected with, relating to or arising there from; and (b) TOWHEY Consulting Group Inc.may continue to use and disclose your personal information in accordance with the Web Site Privacy Policy as amended from time to time.
15. GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by TOWHEY Consulting Group Inc.from Toronto, Canada. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: 8 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); 9 (Ownership and Permitted Uses of the Web Site); 11 (Personal Information Privacy); 12 (Other Sites); 14 (Termination of this Agreement and the Web Site); 15 (Governing Law and Dispute Resolution); and 16 (Other Matters). The provisions of this Agreement will inure to the benefit of and be binding upon each of TOWHEY Consulting Group Inc.and each of its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of TOWHEY Consulting Group Inc., which may be withheld in TOWHEY Consulting Group Inc.'s discretion. TOWHEY Consulting Group Inc.may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
You and any persons you represent (on the one hand) and TOWHEY Consulting Group Inc.(on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to TOWHEY Consulting Group Inc.
This Agreement is subject to change without notice.
TOWHEY Consulting Group Inc. fully recognizes and appreciates that the nature of our business and the work we do with our clients means that we are entrusted with highly sensitive, personal and confidential information.
Our policies and practices have been designed to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and corresponding provincial legislation. TOWHEY Consulting Group Inc.is committed to the highest standards of protection of personal information as outlined in the ten privacy principles:
Principle 1 – Accountability
Each TOWHEY Consulting Group Inc. office is responsible for maintaining and protecting the client information under its control. The manager of the office is directly accountable for ensuring that all office procedures and staff maintain compliance with the ten privacy principles. In addition, TOWHEY Consulting Group Inc.has designated a Corporate Privacy Officer to ensure that company wide practices are updated and compliant.
Principle 2 – Identifying Purposes
TOWHEY Consulting Group Inc. collects personal information strictly in order to deliver requested services. We identify the purpose for which client information is collected at the time the information is actually being collected.
Principle 3 – Consent
TOWHEY Consulting Group Inc. obtains your consent to collect and use personal information. The method of obtaining consent is appropriate to the type of information being collected or used. TOWHEY Consulting Group Inc. will obtain your express consent (written or electronic agreement) before disclosing your personal information to any other party, except where required by law.
Personal information does not include what is generally referred to as “business card” or “phone book” information such as an individual’s name, title, business address or telephone number. Following are examples of personal information we might collect:
- name, age, gender, marital status
- home address and telephone numbers
- personal identification numbers (e.g., social security numbers, social insurance numbers, employee ID numbers)
- personnel information (e.g., employment history, references to criminal records, comments, disciplinary actions, compensation)
- testing results (e.g. personality, 360 feedback, skill testing)
- interview notes
Principle 4 – Limiting Collection
TOWHEY Consulting Group Inc. collects only information required to provide products and services to clients. We collect information only by clearly identifying the purpose and by ethical and lawful means.
Principle 5 – Limiting Use, Disclosure & Retention
TOWHEY Consulting Group Inc. will only use client information for the purpose for which it was collected unless the client has otherwise consented to use for another purpose. Personal information will only be retained for the period of time required to fulfill the purpose for which it was collected.
TOWHEY Consulting Group Inc. regularly and systematically destroys, erases, or makes anonymous personal information no longer required to fulfill the identified collection purposes, and no longer required by laws and regulations.
Principle 6 – Accuracy
TOWHEY Consulting Group Inc. will maintain client information in as accurate, complete and up-to-date form as is necessary to fulfill the intended purpose of collecting the information. The client can help us maintain the accuracy of their personal information by notifying us of any changes to the information.
Principle 7 – Safeguards
TOWHEY Consulting Group Inc. will safeguard your personal information, regardless of the format in which it is held, including:
- physical security measures such as restricted access facilities and secure filing cabinets
- electronic security measures such as password protection, database encryption and personal identification numbers
- organization processes such as limiting access to your personal information only to those directly involved in providing service(s) to the client
Principle 8 – Openness
TOWHEY Consulting Group Inc. is committed to providing you with easily available access to our policy and practices related to management of your personal information. This policy and related information is available at all times on our website, www.towhey.com or upon request from any of our offices. TOWHEY Consulting Group Inc. reserves the right to modify this Privacy Policy at anytime without notice.
Principle 9 – Individual Access
Upon request, TOWHEY Consulting Group Inc. will provide clients with timely access to their personal information. In certain situations, however, we may not be able to give clients access to all their personal information. We will explain the reasons why access must be denied and any recourse the client may have, except where prohibited by law.
Principle 10 – Challenging Compliance
Clients of TOWHEY Consulting Group Inc. may direct any questions or enquiries with respect to the privacy principles or about privacy practices by contacting the Privacy Information Officer by mail at TOWHEY Consulting Group Inc., 2 Glenellen Drive East, Toronto, ON M8Y 2G5.
