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Terms of Use

Table of Contents

1.   General Overview
2.   Your Obligations
3.   Registration on the Site
4.   User Name and Password
5.   No Advice
6.   Accuracy and Changes
7.   Applicable Jurisdiction
8.   Copyright
9.   Trademark
10.  Submitted Materials
11.  Receiving Email Notifications from HRinfodesk and First Reference
12.  Your Privacy
13.  Changing or Updating of Services
14.  Hours of Operation
15.  Paid Advertisements and Promotional Materials
16.  Third-Party Sites
17.  Disclaimer of Warranties and Limitations of Liability
18.  Indemnification
19.  Complaints or Concerns
20.  Contacting First Reference and/or Customer Service

1. General Overview

This page details the Terms and Conditions of Use for the HRinfodesk website, an online publication and service of First Reference Inc., pertaining to conditions which may apply by registering, accessing and using any feature on this site, as well as subscriber and/or viewer expectations and the expectations of First Reference Inc.

First Reference’s business involves the sales of our products and associated services on a business-to-business basis. As such, the HRinfodesk publication and service is directed to for-profit businesses and non-profit organizations.

These Terms of Use specifically apply to the HRinfodesk website, e-bulletin, alerts, and does not apply to other First Reference print or electronic publications and software.

Please read and understand the Terms of Use prior to becoming a subscriber to HRinfodesk, as they are a binding legal agreement.

Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the online product and service.

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2.  Your Obligations

As a condition of your right to access and use HRinfodesk, you represent that you are an individual or a representative/agent of a legal entity (business), of legal age and right to enter into a binding agreement, and that you are not a person barred from visiting the Site and accessing the Content under the laws of Canada or other country.

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3.  Registration on the Site

To access and use any and all part of HRinfodesk, we will require you to register by providing some information, such as your name, title, organization’s name, email address, mailing address, business telephone number or other information.

If you wish to register to our Site, you agree to provide accurate, current and complete personal data and information about yourself and/or your organizations as required by the applicable registration form, and further agree that you will update such data to keep it accurate, current and complete. First Reference reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.

First Reference grants the subscriber a non-exclusive, non-transferable, limited licence to access First Reference’s online product and service HRinfodesk.

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4.  User Name and Password

Once you register, you will obtain a username and password from First Reference customer service to this site by email. You may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify First Reference immediately of any known or suspected unauthorized use of your username and password or any other breach of security. First Reference cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

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5.  No Advice

The information provided on this website is intended for informational purposes only and is not intended to constitute legal, financial, accounting or tax advice. Many factors unknown to us may affect the applicability of any statement or comment that we or other authors make on our website to your particular circumstances. You should consult directly with a legal advisor before acting on any information on this website.

First Reference is not licensed or registered to practise law in any jurisdiction. Nothing on this website constitutes a solicitation or offer by First Reference to provide legal services.

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6.  Accuracy and Changes

Facts and information provided on this website are believed to be accurate at the time they are posted. However, this website could include inaccuracies, typographical errors or out-of-date information. Changes may be made at any time to the information on this website without prior notice.

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7.  Applicable Jurisdiction

The information on this website is based on Canadian payroll and employment law.

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8.  Copyright

HRinfodesk features a wide array of intellectual property content, including but not limited to, news, alerts, commentaries, articles, frequently asked questions, sample policies, forms, checklists, quizzes, polls, sidebars, factoids, timelines, events, bulletins, audio, video, user-generated content, and other media-related information created by or for HRinfodesk on the site (collectively “Content”). To the extent new Content, services or features are added to the Site in the future, the use thereof is subject to these Terms of Use. All material contained on the HRinfodesk website is either the property of First Reference, or rights have been obtained to use information, pictures, articles, etc. on behalf of our affiliates, subsidiaries, partners, or other websites and outside sources, etc. First Reference grants to you a limited licence to display the Content on your computer and print the Content on your printer solely for your own non-commercial use provided that you do not modify the Content and that you do not delete any of the proprietary notices. No material may be copied, republished or reproduced, or used in any manner without prior written consent of First Reference. Please direct all inquiries to the Employment Law Managing Editor at editor@firstreference.com.

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9. Trademark

HRinfodesk and the HRinfodesk logo are trademarks of First Reference Inc. All other product and service marks mentioned on our website are the trademarks of their respective owners.

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10.  Submitted Materials

The following provisions apply to any materials submitted by you to us for posting on this website (the "Submitted Materials"). You grant to us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Submitted Materials (in whole or part) worldwide and/or to incorporate the Submitted Materials in other works in any form, media, or technology now known or later developed. You agree to indemnify and hold First Reference harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the Submitted Materials.

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11. Receiving Email Notifications from HRinfodesk and First Reference

First Reference reserves the right to collect specific information from visitors and subscribers via the forms available on this website. We reserve the right to collect information for the purposes of registering, accessing and using the HRinfodesk website, as well as sending our online publications and informing subscribers and visitors to the site of developments, offers, news, etc. that may be of interest. All our email messages will provide an unsubscribe link and we follow anti-spam policies.

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12.  Your Privacy

We take your privacy very seriously and will never share with outside parties any information you provide via the forms on this website.

Our Privacy Policy describes the information we collect when you and others use this Site, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

An exception to this policy applies to community and/or interactive features, such as our Ask the Editor feature, whereby the authors of all answered questions will be identified. This clause of our Terms of Service may be expanded as more community and/or interactive features are added to the website.

With respect to any information you provide to First Reference, including personal data and information, you agree and accept that First Reference may retain, maintain and/or disclose such information if required to do so by law or in a good faith belief that such retention, preservation and/or disclosure is reasonably necessary to: (a) respond to any legal process; (b) enforce these Terms of Use; (c) respond to any claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of First Reference, its users and the public.

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13.  Changing or Updating of Services

First Reference reserves the right to change, update or discontinue a service or feature of this website at any time without notice. We will do our best to provide you with timely information that we feel will apply to our subscribers and visitors based on our most current market information.

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14.  Hours of Operation

As with any website, the HRinfodesk website will be available to visitors twenty-four hours per day, seven days per week, except during times of server maintenance or in the case of an unforeseen technical matter that causes server downtime. Website maintenance will be performed on a regular basis and sometimes as frequently as every week in an effort to keep all information up to date and current. We will do our best to make the site available at all times.

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15.  Paid Advertisements and Promotional Materials

At this time, First Reference does not accept any paid advertisement on the HRinfodesk website. However, we do promote and advertise some of our partners’ products and services. First Reference does not endorse, warrant or guarantee any products or services offered on this website.

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16.  Third-Party Sites

HRinfodesk may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor. We encourage and recommend that our users review the terms of use and privacy policies of third-parties' sites.

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17.  Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FIRST REFERENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIRST REFERENCE IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.

UNDER NO CIRCUMSTANCES WILL FIRST REFERENCE, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIRST REFERENCE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FIRST REFERENCE, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE COST YOU PAID TO SUBSCRIBE TO HRINFODESK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

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18.  Indemnification

You agree to indemnify and hold First Reference, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable lawyer's fees and costs, made by any third party due to or arising out of your use of the Site, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account.

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19.  Complaints of Concerns

If you have a complaint or concern, please email the Managing Editor, making sure to include details of the matter, and specify the subject line as "Complaint or Concern".

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20.  Contacting First Reference and/or Customer Service

If you want to make changes to your HRinfodesk account, or have any queries about your account or invoice, you may contact First Reference at any time via email or telephone by visiting the contact section of our website, or the First Reference website at www.firstreference.com/contact.asp for complete contact information.

By accessing this website and any pages thereof, you agree to be bound by the terms of the Legal Notices. If you do not agree with the terms of these Legal Notices, do not access this website or any pages thereof.


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