Where used in this Agreement, the following terms shall have the following meanings:
b) “Corporation” means WorkHorse Consulting Ltd.
c) “Member” means a person who provides information to the Corporation on the Website or participates in the Service in any manner;
d) “Service” means the creation of a workhorsehub.ca account or the use of the Website, whether through a mobile device, mobile application or computer and the services provided by the Corporation through the Website; and
e) “Website” means workhorsehub.ca.
By using the Service, you are agreeing to be bound by this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use the Service.
You must be at least 18 years of age to access the Website and use the Service. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
4. Term and Termination.
a) This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may change or cancel your membership at any time, for any reason by contacting the Corporation. However, in no event will you be eligible for a refund of any portion of the fees paid for your membership commitment.
b) The Corporation may terminate or suspend your membership in the Service at any time, without notice, if the Corporation believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused membership fees and, if applicable, all unpaid membership amounts and other fees you owe will be immediately due.
c) After your membership is terminated, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that, by their nature, expire or are fully satisfied.
5. Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Corporation of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
6. Your Interactions with Other Members.
a) You are solely responsible for your interactions with other members. You acknowledge that the Corporation does not conduct criminal background checks or screenings of any kind on its Members. You acknowledge that the Corporation does not attempt to verify the statements of its Members. The Corporation makes no representations or warranties as to the conduct of Members or their compatibility or suitability with any current or future Members.
b) The Corporation operates an interactive transaction service, allowing Members to connect with one another for the purpose of purchasing or selling certain goods or services. You acknowledge that the Corporation does not operate or control the products or services offered by other Members. Members are responsible for all aspects of service fulfillment, billing and customer service. The Corporation is not a party to the transactions entered into between Members. You acknowledge and agree that the use of the Service and Website is at your sole risk, and is without warranties of any kind by the Corporation, express, implied, or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances shall the Corporation, or its affiliates, partners, directors, officers, employees or contractors be liable for any damages of any kind whatsoever arising from the transactions between Members, including, without limitation, damages for death, personal injury, loss of profits or any other incidental, special or consequential damages.
7. Proprietary Rights.
The Corporation owns and retains all proprietary rights in the Website and the Service and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Corporation and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Corporation or, if such property is not owned by the Corporation, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
8. Content Posted by You on the Website.
a) You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Website or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Corporation or any other Member (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Website and grant the licenses set forth below.
b) You acknowledge and agree that the Corporation may, but is not obligated to, monitor or review any Content you post as part of the Service. The Corporation may delete any Content, in whole or in part, that in the sole judgment of the Corporation violates this Agreement or may harm the reputation of the Corporation or the Website.
c) By posting Content to the Website, you grant to the Corporation a worldwide, transferable, sub-licensable, royalty-fee, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service. You represent and warrant that any posting and use of your Content by the Corporation will not infringe or violate the rights of any third party.
d) Without limiting the foregoing, the following is a partial list of the types of Content that is prohibited from being posted on the Website or made available in relation to the Service. You shall not post, upload, display or otherwise make available Content that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- is intended to defraud, other Members;
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
The Corporation reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
e) Your use of the Service, including all Content you post through the Service or on the Website, must comply with all applicable laws and regulations. You agree that the Corporation may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Corporation or any other person.
f) You agree that any Content you place on the Service may be viewed by other Members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from Members).
g) By using the Service, you consent to the Corporation sharing information that we collect or receive about you with the Corporation’s current and future business partners, our parent or subsidiary companies, or other companies under the Corporation’s control.
9. Prohibited Activities
The Corporation reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Corporation regards as inappropriate or unlawful, including actions or communications the occur off the Website but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You shall not:
- impersonate any person or entity;
- post any Content that is prohibited by Section 8;
- “stalk” or otherwise harass any person;
- expressly or implicitly indicate that any statements you make are endorsed by the Corporation without specific prior written consent;
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products;
- use the Service in an illegal manner or to commit an illegal act;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
- interfere with or disrupt the Service or the servers or networks connected to the Service;
- transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
- “frame” or “mirror” any part of the Service, without the Corporation’s prior written authorization;
- use meta tags or code or other devices containing any reference to the Corporation or the Service (or any trademark, trade name, service mark, logo or slogan of the Corporation) to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so; or
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
10. Modifications to Service
The Corporation reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the Corporation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Corporation reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
a) You acknowledge and agree that neither the Corporation nor its affiliates, partners, directors, officers, employees and contractors are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE CORPORATION PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
b) Any material downloaded or otherwise obtained through the use of the Service or Website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation, you are not authorized to download or obtain any material through the Service or Website.
The Corporation has not reviewed all of the sites linked to on the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Corporation of the site. Use of any such linked website is at your own risk.
13. Limitation of Liability.
a) To the fullest extent allowed by applicable law, in no event will the Corporation, its affiliates, partners, directors, officers, employees or contractors be liable to you or to any third party for any indirect, special, incidental, consequential, or punitive damages (including, without limitation, damages for loss of business, loss of profits, loss of goodwill or litigation) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if the Corporation was advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the bargain between you and the Corporation. The Website and the Services would not be provided to you without such limitations.
b) Notwithstanding the foregoing, the Corporation’s liability to you for any cause whatsoever, and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to the Corporation for the Service during the term of your membership.
You agree to indemnify and hold the Corporation its affiliates, partners, directors, officers, employees or contractors harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. The Corporation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Corporation in connection therewith.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Saskatchewan. Any action you, any third party or the Corporation brings to enforce this Agreement or, in connection with, any matters related to the Service shall be brought only in the courts of the Province of Saskatchewan, and you expressly consent to the jurisdiction of said courts.
This Agreement, with any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Corporation regarding the use of the Website and/or the Service. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of the Corporation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Corporation in any manner.
The Corporation may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
The Corporation may revise this Agreement at any time without notice. By using the Website and the Service, you are agreeing to be bound by the then current version of this Agreement.