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Terms of Service

TERMS AND CONDITIONS AGREEMENT

Last Updated: November, 2015

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION CLAUSES.

Welcome to CreatingRespectfulWorkplaces.com , owned and operated by CRW Solutions Inc. (“CRW”). This Terms and Conditions Agreement (“Terms”) states the terms and conditions under which you (“you” – an individual, and/or any entity you represent) may use the CreatingRespectfulWorkplaces website, and any services it provides (collectively, the “Website”).

These Terms apply to all users and viewers of the website and you must read them carefully.

By using the Website, you signify your agreement to these legally binding terms and conditions. Your accessing of this site is the equivalent of your signature. If you do not agree to these Terms, your only recourse is to stop using the Website. Those who choose to use the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You also agree to the provisions of the Privacy Policy, which are incorporated herein.

If you are under the age of 18, you agree that your parent or legal guardian has agreed to your using the Website and have reviewed these Terms. AS A PARENT OR LEGAL GUARDIAN, YOU AGREE TO BE RESPONSIBLE AND LIABLE FOR ANY ACT OR OMISSION OF ANY USER UNDER 18 THAT YOU PERMIT TO ACCESS AND USE THE WEBSITE.

CRW reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. CRW may revise these Terms at any time, so please revisit this page periodically to review the Terms. By continuing to use the Website, you agree to be bound by any such revisions, whenever they may occur.

If we modify these Terms, we will post the modification on the Website. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Website after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website.

You may use the Website for your own personal and non-commercial use.

NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

If you choose to use the Website, you do so at your sole risk. It is provided “as is” without any representations or warranties, express or implied.

Your use and/or visiting of the Website restricts you from doing the following:

CRW reserves the right, in its sole discretion, to terminate any user’s account without notice and for any reason.

You acknowledge and agree that CRW does not have an obligation to conduct background checks on any third party and that CRW is not liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided on the Website.

Any business dealings with third parties, including merchants, sellers, professionals, and/or consultants found on, or through, the Website is solely between you and the third party.

CRW is not responsible for any loss or damages that you may suffer from entering into business dealings including, the payment for services and delivery of goods, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not CRW, are responsible for complying with the terms set out in such dealings.

NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Submissions represent the views and opinions of the person(s) making the Submission and do not represent the views or opinions of CRW. By using the Website, you may be exposed to content that may be indecent, harmful to minors or objectionable, and you use it at your own risk.

CRW provides an online platform or marketplace with related technology that may contain links to third-party websites or resources to facilitate connections between service providers and clients. You acknowledge and agree that CRW is not responsible or liable for:

Links to such websites or resources do not imply any endorsement by CRW of such websites or resources or the content, products, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or resources or the content, products or services on or available from such websites or resources.

THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

All content and materials associated with the Website including trademarks, text, names, logos, service marks, and software are owned by CRW and are protected under Canadian and foreign intellectual property and other laws. While CRW assumes no obligation to update the content of the Website, it may change the content without notice to you.

You may not use, reproduce, modify, adapt, publish, transmit, distribute, or exploit in any other way the Website or any of its content, whether in whole or in part, other than expressly set out herein, without the written permission of CRW.

All content and materials available on the CRW website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CRW, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless specifically authorized.

Any third party trademarks, service marks, logos, trade names and any other proprietary designations on the CRW website are the trademarks or registered trademarks of their respective parties and are used by CRW under license.

The Website provides features that allow you to post or upload content including upload images, create profiles, write dialog, post blogs, post comments, post links and interact in other ways with the Website and its users (collectively, “Submissions” or “Submission”). For clarity Submissions includes, but is not limited to, text, graphics, audio files, or computer software.

When making any Submission, it is a condition of your use of the Website that you do not:

When making any Submission, you represent and warrant that:

Without limiting any of the representations or warranties provided in this section, CRW has the right (though not the obligation), at its’ sole discretion, to:

CRW reserves the right, in its sole discretion, to remove any Submission, whether or not the Submission is in violation of these Terms. You agree that CRW may, in its sole discretion, monitor the Website and your account and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other users of the Website. Any disclosure shall be in accordance with the Website’s Privacy Policy.

By making Submissions to the Website, you hereby assign and transfer to CRW all your respective rights, titles and interests worldwide in, to and associated with your Submissions, including copyrights, and all other intellectual property rights, free and clear of all liens, encumbrances and interests of third parties. CRW may use or alter the Submissions as it sees fit in its absolute discretion, including licensing or assigning them to third parties.

CRW hereby grants you a limited license to use your Submissions for non-commercial purposes. In the event you wish to use your Submission for any commercial purposes, you must first contact CRW and seek its express written agreement to do so.

By making Submissions to the Website, comprising trademarks, service marks, logos, trade names and any other proprietary designations (the “Trademarks”), you hereby grant CRW a free, non-exclusive, non-revocable, worldwide, perpetual, assignable, sub-licenseable, right to use and reproduce the Trademarks.

By making Submissions to the Website, you also agree to:

CRW does not warrant that:

The Website is provided “as is” and without warranties of any kind, either express or implied, or statutory. Every effort is made to update the information contained on this Website; however, neither CRW nor any third party, data provider or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the Website.

CRW reserves the right at any time to change or discontinue, without notice, any aspect or feature of the Website. No information shall be construed as advice, and information is offered for information purposes only and is not intended for trading purposes. You and any person you represent rely on the information contained on this Website at your own risk.

THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

IN ADDITION TO ANY OTHER LIMITATIONS ON CRW’S RESPONSIBILITY UNDER THESE TERMS, YOU FURTHER AGREE THAT CRW (AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES) SHALL NOT BE LIABLE FOR THE FOLLOWING, AND IRREVOCABLY WAIVE ANY CLAIMS IN CONNECTION WITH: 1) THE CONTENT AND OPERATION OF ANY OTHER WEBSITES THAT MAY BE HYPERLINKED TO OR FROM THE CREATINGRESPECTFULWORKPLACES WEBSITE, INCLUDING THE CONTENT OF THEIR INTELLECTUAL PROPERTY, TERMS OF USE AND PRIVACY NOTICES; 2) ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, FOR LOST PROFITS OR LOST SAVINGS; 3) THE TRANSMISSION OF VIRUSES (OR OTHER HARMFUL MECHANISMS), DATA CORRUPTION, FAILED MESSAGES, AND ANY TRANSMISSION ERRORS OR PROBLEMS, INCLUDING IN RESPECT OF SUBMISSIONS; 4) ANY INACCURACIES OR PERIODS WHEN THE WEBSITE IS NOT OPERATIONAL; AND 5) ANY OTHER DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE.

THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

By using the Website you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the other third parties who caused you harm. You agree that CRW is not responsible for any damage or harm resulting from your interactions with other third parties and that you will not attempt to impose liability on or seek any legal remedy from CRW with respect to such actions or omissions.

By using the Website, you agree that the limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use the Website.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD CRW AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS (INCLUDING LEGAL FEES AND DISBURSEMENTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR SUBMISSION(S), YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR BREACH OF ANY OF THESE TERMS, OR YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

You represent and warrant that you are authorized to enter into this agreement, that you will comply with the terms of this agreement, and that you will meet your obligations under this agreement, under all applicable laws of your jurisdiction, and under all applicable CRW policies, which may be updated from time to time.

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

This Agreement is effective until terminated by CRW, with or without cause, in its sole and unfettered discretion. You may also terminate the agreement by simply closing your account and/or discontinuing your use of the Website. CRW may terminate this agreement without notice to you if you fail to comply with any of its Terms. Any such termination by CRW shall be in addition to and without prejudice to such rights and remedies as may be available to CRW, including injunction and other equitable remedies. CRW reserves the right to discontinue the Website at any time and you agree in such event that CRW is not liable for any damages arising from such discontinuance.

The disclaimers, limitations on liability, ownership, termination, interpretation, your license to CRW, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

The terms and conditions of this agreement, together with the Privacy Policy constitute the entire agreement between you and CRW with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

If any provision of this agreement is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be severable from and not affect the validity and enforceability of the remainder of the agreement.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

CRW’s failure to exercise, or delay in exercising, a right, power or remedy provided by the agreement or by law shall not constitute a waiver of that right, power or remedy. If CRW waives a breach of any term of this agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

CRW operates from British Columbia, Canada and makes no representation that the Website is appropriate or available for use in any particular location. This agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia and Canada, without application of conflicts of laws and international treaties. You and CRW agree to submit any disputes or otherwise concerning your use of the Website to the exclusive jurisdiction of the courts within the Province of British Columbia, Canada.

This agreement shall enure to the benefit of and be binding upon each party and their respective successors and permitted assigns. You acknowledge having read this agreement before accepting it, having the authority to accept this agreement.

Any provisions of this agreement that are expressed to survive or operate in the event of termination of this agreement shall so survive the termination of this agreement.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “I AGREE” BUTTON OR SIMILAR BUTTON OR LINK AND/OR USING OR ACCESSING THE WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

  1. Acceptance of Terms and Conditions
  2. Modification to Terms
  3. Use of the Website
    • Assigning or otherwise granting your rights under this license to another party;
    • Modifying, creating derivative works of, reverse engineering, decompiling, disassembling or hacking the Website software in any manner; and/or
    • Using the Website (including its software) in such a way as to adversely interfere with the functionality of the Website or services or other products provided by CRW including the scraping, data mining, extraction or collection of the content of the Website in any form.
  4. Dealings with Third Parties
  5. Disclaimers
    • the availability or accuracy of such websites or resources; or
    • the content, products, or services on or available from such websites or resources.
  6. Ownership of Intellectual Property and Content of Website
  7. Submissions
    • attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of CRW imposes an unreasonable or disproportionately large load on the Website infrastructure;
    • include in any Submission information that is unlawful, libelous, defamatory, indecent or pornographic;
    • include in any Submission information that promotes bigotry, hatred, or harm against any group or individual, or provides instructions about or incites illegal activities; or
    • include in any Submission information that is confidential, or which violates or infringes upon the rights of others, without first obtaining permission from the rights’ holder(s).
  8. Representation and Warranty regarding Submissions
    • you are authorized to post or make available the Submission;
    • the downloading, copying and use of the Submission by others will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • you have fully complied with any third-party licenses relating to the Submission and have done all things necessary to successfully pass through to end-users any required terms;
    • the Submissions does not contain or install any viruses, worms, malware, spyware, Trojan horses, or other harmful or destructive content;
    • the Submission is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the Submission (such as spoofing);
    • the Submission is not pornographic, does not contain threats or incite violence or hatred towards any group or individual, and does not violate the privacy or publicity rights of any third party;
    • the Submission is not the subject of advertising via unwanted electronic messages such as spam links on newsgroups, e-mail lists, other blogs and web sites, and similar unsolicited promotional methods; and
    • the Submission is not presented in a manner that misleads end-users into thinking that you are another person or company.
    • refuse or remove any content that, in CRW’s opinion, violates any of CRW’s Terms, Privacy Policy, or is in any way harmful or objectionable;
    • terminate or deny access to and use of the Website to any individual or entity for any reason, at CRW’s sole discretion; and
    • where CRW refuses or removes Submissions, or terminates or denies access to you, CRW will have no obligation to provide a refund of any amounts previously paid.
  9. Intellectual Property regarding Submissions
    • waive all “moral rights” (as defined in the Canadian Copyright Act) in any Submission in favour of CRW;
    • consent to your username appearing in association with any of your Submissions; and
    • acknowledge and agree that CRW is not responsible for any loss, damage, or corruption that may occur to your Submissions.
  10. Warranties of Website
    • this website will be constantly available, or available at all; or
    • the information on this website is complete, true, accurate or non-misleading.
  11. Limitations on Liability
  12. Indemnification
  13. Representations
  14. Exceptions
  15. Term and Termination
  16. Entire Agreement
  17. Severance
  18. No Waiver
  19. Applicable Legal Regime and Forum
  20. Enurement
  21. Survival

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