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Terms of Use
Table of Contents
1 Terms of Use
1.1 Acceptance of Terms
1.2 Subscription Obligations and the Trial Period
1.3 Member Account, Password and Security
1.4 Privacy Policy
1.5 Grant of License, Scope of Rights and Restriction of Use
1.6 Disclaimer and Limitation of Liability
1.7 Warranties
1.8 Ownership of Materials and Products, Copyright and Trademark Notices
1.9 Third-Party Products and Services
1.10 Promotional Messages
1.11 Termination
1.12 Choice of Law and Arbitration
1.13 Miscellaneous
1.14 Notice
2 Privacy Policy
2.1 Collection and Use of Personal Information
2.2 Use of Cookies
2.3 Links to Other Sites
2.4 Updating Your Personal Information
2.5 E-Mail to Us
2.6 Privacy-Related Complaints
1 Terms of Use
1.1 Acceptance of Terms
First Reference Inc provides subscription-based paper, electronic and online products and services. We welcome our subscribers to purchase and use our products and services, on and subject to the following Terms of Use. Please note that the Terms also apply during the trial period of any of our products and services, except where explicitly stated. See section 1.2 Subscription Obligations and the Trial Period, for more information.
Please read all of these Terms of Use carefully prior to using any of our products and services. Your election to commence using any of our products and services shall indicate your acceptance and agreement to all of the conditions set out below. If you do not agree to these Terms of Use, please refrain from using any of our products and services, and return them as soon as possible (except for electronic media and online products).
From time to time, First Reference at its own discretion may modify, and/or supplement this agreement, and post the modifications in this document. Although First Reference will advise you by e-mail of any changes or updates (providing we have your email address), please monitor this document regularly for changes to these Terms of Use. Also, First Reference may modify, suspend or discontinue any of its paper, electronic, and online products and services, with or without notice to you and without liability to you or any third party.
If you do not agree to any of the changes in the Terms of Use as they may occur, please arrange to discontinue your subscription immediately. Your continued use will signify your acceptance of any change in the Terms of Use. You understand and agree that First Reference hereby incorporates in this document such additional Terms of Use.
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1.2 Subscription Obligations and the Trial Period
Upon receipt of your subscription fee, you shall have the non-exclusive right to continue to use all aspects of the subscribed product or service beyond the initial trial period, if any, on a permanent basis in accordance with and subject to these Terms of Use. In consideration of your use of any paper, electronic or online products or services, once the trial period has expired, if you decide to subscribe, you agree to maintain and promptly remit subscription fees, and update your subscriber data to keep it accurate and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or First Reference has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or you fail to pay your subscription fee when due, First Reference has the right to suspend or terminate your account plus the license granted to you, and refuse any and all current or future use of our paper, electronic and online products or services.
During the trial period you shall be entitled to use all aspects of our electronic and online products or services, save and except for some functionality within the electronic products or services to which you may not have access during the trial period only.
In the event that you do not pay the subscription fee, you will no longer be entitled to use the products or services.
In the case of products and services on CD-ROM, if you do not pay the subscription fee, the product or service shall automatically be disabled, with the exception of whatever limited functionality First Reference may continue to permit you to access. You may keep the electronic media (CD) and continue using this limited functionality, but must promptly return at your own cost all accompanying materials and documentation to First Reference.
In the case of an online product or service, if you do not pay the subscription fee, the trial period will expire, and the product or service shall automatically be disabled, except for continued email delivery of a bulletin. This email bulletin will provide recent news summaries, but access from the summaries to the full text of the stories will not be enabled.
In the case of a paper product or service, if you do not pay the subscription fee, you will no longer receive the necessary updates and newsletters on a regular basis. You must promptly return at your own cost all paper products and accompanying materials and documentation to First Reference.
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1.3 Member Account, Password and Security
As a subscriber you will receive a User ID and may receive depending on the electronic or online product or service, a permanent code, a registration code, a password, or a login ID. You are responsible for maintaining the confidentiality of the User ID, permanent code, registration code, password, or login ID. You are also responsible for all activities that occur under your User ID, permanent code, registration code, password, or login ID. You agree to immediately notify First Reference of any unauthorized use of your User ID, permanent code, registration code, password, or login ID, or any other breach of security, and ensure that you promptly log out of any electronic or online products and services that you may use at the end of each session. First Reference cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
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1.4 Privacy Policy
Subscription data and certain other information about you are subject to our Privacy Policy. For more information, please read 2 Privacy Policy et seq., below. The Privacy Policy is an integral part of the Terms of Use.
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1.5 Grant of License, Scope of Rights and Restriction of Use
When you have subscribed to one of our electronic or online products or services, First Reference hereby grants you a limited, revocable, non-exclusive, non-transferable license (without the right to grant sublicenses) to use, and/or install and/or download onto the hard drive or other mass storage device of a computer at your office, at home and/or on a portable computer; and to view and use our electronic and online products or services and the materials, solely for your own internal business purposes.
During the trial period you shall thereon be entitled to use all aspects of our electronic and online products or services, save and except for some functionality within the electronic products or services to which you may not have access during the trial period only.
Upon receipt of your subscription fee, you shall have the non-exclusive right to continue to use all aspects of the subscribed product or service beyond such trial period on a permanent basis in accordance with and subject to the terms of this license and Terms of Use.
Except for an electronic product designed to be installed on a network, discussed in the following paragraph, neither you nor anyone else may use our electronic or online products or services on more than one computer at a time. If use of an electronic or online product or service is desired on more than one computer at a time, an additional license must be obtained for each concurrent use on an additional computer. You may only use our electronic or online product for its intended uses that are directly related to the internal business operations of a single employer and you may not offer the benefits or services of our electronic or online product to third parties, whether such arrangement is in the nature of a service bureau or outsourcing or any other similar service or business.
In the case of an electronic product designed to be installed on a network, where the product is installed on both individual computers and on one or more network servers, an additional license must be obtained for each concurrent use on the individual computers.
Use of our electronic or online products or services by or on behalf of another entity or employer other than you is prohibited. In addition, you may copy our electronic products for backup or archival purposes only provided each such copy contains all of the original copy's proprietary notices and is kept in your possession, and for internal use. Regarding the online products and services, you may not republish, "mirror", "frame", transfer or otherwise make available to third parties access to the online products or services or its materials, except with our prior written consent. You may not copy for any other use the printed and online documentation that accompanies any of our products or services.
You may not rent, lend, lease, grant a security interest in, sublicense, or otherwise transfer rights to any of our electronic or online products or services, except that you may permanently transfer this license pertaining to an electronic product to one other party, who agrees to be bound by this license and Terms of Use, by transferring at least one unaltered copy of the electronic product and all documentation to that party. In that case you must either transfer to that party or destroy all your other copies of the electronic product, and you must permanently remove the electronic product from your computer's hard disk or other mass storage devices, and you may not retain any copies of the electronic product for your own use. You must also inform First Reference of any such changes to subscriber contact information.
You may not alter, merge, adapt, disassemble, decompile or "unlock", reverse translate, or in any manner decode, customize, or modify any of our products or services for any reason. You agree to indemnify First Reference for any claims related to modifications you make to our products or services in contravention of this license and Terms of Use.
Pertaining to our online products and services, access to a Web site(s) is for the subscriber's personal, non-commercial use. If you download or print any material, you must keep all copyright and other notices intact. The source of the information must also be kept intact. The right to use is not transferable to any other person or entity. The subscriber is responsible for all use of the subscriber's account (under any screen name or password) and for ensuring that all use of the site(s) through user’s account complies fully with the provisions of this license and Terms of Use. You may not reproduce, modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, or other content, software, products or services obtained from our online products and services. This prohibition includes reproducing content online (in another Web site) or digital medium.
For information on scope of rights and restriction of use of our paper products and services, please refer to the copyright notices on the copyright pages of the respective manuals.
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1.6 Disclaimer and Limitation of Liability
Our paper, electronic and online products and services are designed to help organizations quickly find and deal with everyday compliance and administration questions and concerns. We do not provide legal advice. The materials in our paper, electronic and online products and services are provided as a service to our subscribers, and do not constitute legal advice. Legal references are meant to inform you of issues that may be relevant to your business and to facilitate independent research into matters collateral to the products and services we provide. We try to provide quality information (often in conjunction with practising lawyers), but we make no claims, promises, representations, warranties or guarantees about the accuracy, completeness, or adequacy of the materials or information contained in or linked to all of our products and services. We strongly recommend that you consult with a competent lawyer whenever legal advice is required.
You understand and agree that the materials may contain sample policies, sample forms and agreements, letters or other documents. Samples and forms may include legally significant documents such as contracts, and are provided to you solely as examples of typical documents of their kind. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, none of the materials should be used as a substitute for the advice of a competent lawyer.
Because electronic and online products and services are inherently complex and may not be completely free of errors, you are advised to verify your work and to make backup copies. In no event will First Reference be liable for direct, indirect, special, incidental, economic, coverer or consequential damages (including loss of profits) arising out of the use of, or inability to use any of our electronic and online products or services, or user documentation, even if advised of the possibility of such damages. If the foregoing limitation is found to be unenforceable, First Reference's liability to you for any losses shall be limited to direct damages and shall not exceed the amount you originally paid for our products and services.
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1.7 Warranties
For ninety (90) days from your date of purchase (trial period not included), First Reference warrants that the media on which a paper or electronic product is distributed will be free from defects in material and workmanship, and that the electronic products and services will substantially conform to the documentation that accompanies them. If such media is defective or the electronic product fails to operate in accordance with this warranty, First Reference shall, at its option, refund the amount you paid except for shipping and handling or provide you with corrected item(s) provided that the defective item(s) (in its original unmodified form) is returned to First Reference within ninety (90) days from the date of purchase with dated proof of purchase and a written summary of the problem or defect. Any replacement item(s) shall be subject to a further ninety (90) day warranty from your date of receipt and will be subject to these Terms of Use. These are your sole and exclusive remedies for any breach of this limited warranty.
First Reference does not warrant that our paper, electronic or online products and services will meet your requirements or that its operation will be uninterrupted or error-free. First Reference excludes and expressly disclaims all express and implied warranties not stated herein, including the implied warranty of fitness for a particular purpose. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, expressed or implied. No First Reference dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty.
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1.8 Ownership of Materials and Products, Copyright and Trademark Notices
All rights reserved. All First Reference paper, electronic, and online products and services such as: The Human Resources Advisor, Ontario, Western, and Atlantic Editions; The Human Resources Advisor Electronic (CD) version, Ontario and Western editions; Human Resources PolicyPro, Alberta, British Columbia and Ontario editions; Finance and Accounting PolicyPro; and HRinfodesk.com are proprietary products of First Reference and are protected by copyright law and international treaties. First Reference retains throughout the use and in perpetuity, all title and ownership to all such products and services, including The Human Resources Advisor, Ontario, Western, and Atlantic Editions; The Human Resources Advisor Electronic (CD) version, Ontario and Western editions; Human Resources PolicyPro, Alberta, British Columbia and Ontario editions; Finance and Accounting PolicyPro; and HRinfodesk.com, including the enclosed copy and each copy that you are authorized by this Terms of Use to make and use.
You have no ownership interest in any of the products, services, and materials, but we grant you a limited non-exclusive right to view and use the paper products and materials, and a limited non-exclusive license to view and use the electronic and online products, services, and materials.
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1.9 Third-Party Products and Services
You may link to third party content or order products or services through our electronic or online product and services from other entities affiliated or not affiliated with First Reference ("Third-Party Sellers"). All matters concerning the content, products and services desired from a Third-Party Seller, including (but not limited to) purchase terms, payments terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third-Party Seller. First Reference makes no representations or warranties whatsoever with regard to any products or services provided by Third-Party Sellers. You agree that First Reference is not, nor will we be deemed as, a party to such transactions, whether or not First Reference has received any form of revenue or other remuneration in connection with the transaction. You further agree that First Reference and its affiliates shall have no liability whatsoever arising out of or relating to, either directly or indirectly, to any transaction between you and any Third-Party Seller.
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1.10 Promotional Messages
First Reference and/or a third party may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. First Reference makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from such third parties, and you agree that neither First Reference nor such third party shall have any liability with respect thereto.
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1.11 Termination
In the event that you wish to terminate your subscription to any of our paper, electronic or online products or services, you must provide us with written notice of intent to terminate at info@firstreference.com, or by fax at 905-761-7306, or by regular mail at First Reference Inc, 50 Viceroy, Unit 1, Concord, Ontario, L4K 3A7. At the time of termination, your subscription fee will be pro-rated and an administration fee applied. Please take note that shipping and handling cost will not be refunded.
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1.12 Choice of Law and Arbitration
First Reference operates and administers its paper, electronic and online products and services from its offices within Canada. First Reference makes no representation or warranty that materials on its paper, electronic and online products and services are appropriate or available for use at any locations outside of Canada. If you access a First Reference online product or service from outside Canada, you are responsible for compliance with all local law.
These Terms of Use shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms of Use shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the exclusive jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.
In the event that any provisions of the Terms of Use conflicts with the law under which these Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provisions will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provisions of their Terms of Use or to exercise any right under these Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
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1.13 Miscellaneous
First Reference may assign its rights and obligations under these Terms of Use and upon such assignment First Reference may be relieved of any further obligation hereunder.
You represent to First Reference that you have the authority to register with First Reference according to these Terms of Use. These Terms of Use and any additional Terms (as such Terms shall be identified when posted) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of First Reference, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
You agree to review these Terms of Use prior to renewing.
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1.14 Notice
First Reference may give notice to subscribers by means of a general notice via electronic mail to subscriber's e-mail addresses on record at First Reference account information or by regular mail. The subscriber may give notice to First Reference at any time by electronic mail or letter faxed, or delivered by regular mail at 50 Viceroy, Unit 1, Concord, Ontario, L4K 3A7.
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2 Privacy Policy
The Privacy Policy explains how First Reference Inc. will collect, use, disclose and store the personal information you give us when you purchase and use one of our paper, electronic or online products or services.
The information required is gathered when you subscribe to one of our paper, electronic and online products or services, or, when you complete a customer survey. We collect user information such as contact data, e-mail addresses, product preferences, payment information, and other relevant market data. We have taken every reasonable precaution to store the data that is collected in a secure manner.
By purchasing and using any of our products or services, you agree to the terms of the Privacy Policy on user information as outlined below, and the Terms of Use. If you do not agree to these terms, please do not access or use any of our products or services.
From time to time, First Reference Inc. may introduce new products and services to its subscribers. First Reference reserves the right to modify this policy at any time, at its sole discretion.
First Reference will notify subscribers via electronic mail or regular mail in advance of any such modification and change. Subscribers will be subject to the most current version of the privacy policy at the time of use of any of the First Reference products or services.
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2.1 Collection and Use of Personal Information
When you subscribe to one of our products or services, or participate in surveys, forums or discussion groups (when made available), First Reference may ask you to provide certain information about yourself and the company you work for.
It is completely optional for you to engage in these activities. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary.
If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
The information provided by subscribers and prospects is used by First Reference to e-mail the bulletin, to contact you about product promotions, upgrades, renewals, changes to products or content, to identify you as a subscriber, to record and support your participation in the activities you select, and to contact you about your account or other benefits that may be available to subscribers. Personal information that you provide to First Reference Inc. will not be made available to any other company for that company's use without your permission. First Reference may make aggregate information about our subscribers (i.e. overall statistics) available to third parties for advertising and other purposes.
Information that personally identifies you will be kept strictly confidential.
However, we may use, disclose, and communicate your personal information if required to do so by law including by an order of any court.
If you tell us in writing or by e-mail that you do not want any further contact, we will respect your request and remove your data. Please note that any information you post on a public bulletin board, chat or discussion room (when made available) in one of our electronic or online products or services are available to all persons accessing that electronic or online product or service.
Furthermore, information that you choose to provide to another party or web site will be subject to their Privacy Policy and Terms of Use and Disclaimer.
For example, if you access a site from our information or from a link while on our site, information you provide to that party is subject to their Privacy Policy rather than ours.
We will not be responsible for any use or disclosure of any such information by that party.
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2.2 Use of Cookies
When you subscribe to one of our online products or services, cookies are used. They are small pieces of data stored by your Internet browser on your computer’s hard drive, which permits us to recognize you when you access our Internet sites.
If you are browsing, a cookie is used to help us measure the number of visits, average time spent, page views, and other statistics relating to your use of the Site. If you are searching, a cookie is used to carry the search request data from the request page to the results page. This cookie, by itself, doesn't tell us your email address or who you are.
If you decide to order or register on-line with us, we may collect additional information. In this case, we use cookies to recognize you on subsequent visits and make your on-line experience more convenient, unless prohibited by law. A cookie cannot be executed as code or deliver viruses. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of our web services may not function properly if you refuse cookies.
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2.3 Links to Other Sites
Our electronic and online products or services may contain links to other sites.
While we try to link only to sites that share our similar standards, objectives, and respect for privacy, please understand that we are not responsible for the content of, or the privacy practices employed by, other sites. These other sites are beyond our control.
They may send their own cookies, collect data or solicit personal information.
Always be aware of the Internet site you are browsing and their Privacy Policy.
This includes the ability of third parties to access private or confidential information transmitted over or by means of the Internet or e-mail. First Reference policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond First Reference's control.
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2.4 Updating your Personal Information
You may modify your personal information at any time. With respect to updating your personal information this may be accomplished by e-mailing us at info@firstreference.com. You may also correct your personal information by mailing, faxing or calling:
Customer Service
First Reference Inc.
50 Viceroy, Unit 1
Concord, Ontario
L4K 3A7
Tel. (905) 761-7305
Toll Free: 1 (800) 750-8175
Fax (905) 761-7306
When you contact us, please include your user ID, name, position, company, and a phone number and e-mail address where you can be reached.
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2.5 E-mail to Us
When you send us e-mails, we will use your name and e-mail address only to respond to the concerns you write to us with.
Your e-mail may be shared with appropriate people within the First Reference organization to help us respond to your concerns and improve any services. E-mails you send us are not necessarily secure when they are transmitted to us. If your communication is sensitive or includes confidential information such as a credit card number, you may want to provide it by post or via the telephone instead.
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2.6 Privacy-Related Complaints
Although we use all reasonable means to protect your personal information, First Reference is not responsible for any improper use of your personal information that is beyond our reasonable control. If you believe that First Reference has not complied with this Privacy Policy with respect to your personal information, you may write Barry Garnet, Publisher, at the address indicated above or by e-mail (publisher@firstreference.com)
In your letter please describe in as much detail as possible the way in which you believe that the First Reference Privacy Policy has not been complied with.
We will investigate your complaint promptly.
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