This version in effect since July, 2012.
THIS AGREEMENT GOVERNS YOUR USE OF THE GO2 TOURISM HR SOCIETY™ WEBSITES. IT EXEMPTS GO2 AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. BY USING ANY OF GO2'S WEBSITES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU MAY NOT USE ANY OF GO2'S WEBSITES.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent and go2 Tourism HR Society ("go2") regarding your use of go2's websites (including go2hr.ca and servingitright.com) and related discussion forums and go2's job boards, and all content, information, products and services available on or through those websites, discussion forums and job boards (collectively the "Websites"). This Agreement also provides benefits to go2's affiliates, service providers, suppliers and other persons.
Each time you use a Website 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 on behalf of the person you purport to represent, you may not access or use the Websites.
2. OTHER GO2 AGREEMENTS
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with go2 (now or in the future) concerning dealings with go2, including the information and services provided by go2. 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 go2, the provisions of this Agreement shall govern regarding your access to and use of the Websites unless the other Agreements expressly state that they take priority over this Agreement.
3. PERMISSION TO USE THE WEBSITES
The Websites may be accessed and used only by individuals who have accepted and agreed to this Agreement and can form legally binding contracts under applicable law. go2 may in its discretion refuse permission to access and use any or all of the Websites. The Websites may not be used by persons in jurisdictions where access to or use of the Websites or any part of them may be illegal or prohibited, or if their permission to use the Websites has been previously revoked or terminated by go2.
The Websites are made available to you for your lawful personal use only. You may access and use the Websites using commercially available, SSL-capable web browser software. You may use the Websites only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Websites for any other purpose or in any other manner is strictly prohibited.
4. LAWFUL AND RESPONSIBLE USE
You must use the Websites and go2's services lawfully, responsibly and with respect for others. Without limiting the generality of the foregoing, you will comply with the go2 Website Acceptable Use Policy, which is part of this Agreement and may be found by clicking here.
5. ACCESS CODES
Certain portions of the Websites may be accessed and used only by persons who have applied for and received a valid and subsisting username and password (collectively "Codes") issued by go2. All Codes remain the property of go2, and may be cancelled or suspended at any time by go2 in its discretion without any notice or liability to you or any other person. The use of Codes does not restrict access by go2 to Code-protected information, and may not prevent unauthorized access to data or other information you may use in connection with the Websites.
go2 is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Websites. go2 may act upon any communication that is given with the use of Codes. go2 may in its discretion at any time require proof of the identity of any person seeking to access and use the Websites, and may deny access to and use of the Websites or parts of them or refuse to accept or act upon any communication if go2 is not satisfied with such proof.
If you have been issued Codes: (a) you and all persons you represent are jointly and severally responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Websites using the Codes, you will not leave the computer terminal used to access the Websites unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify go2 by email or by telephone (604-633-9787) if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person. Until you give such notice to go2 and go2 actually receives and processes it, you and all persons you represent will continue to be jointly and severally responsible and liable for all authorized or unauthorized use of your Codes.
6. ONLINE TRANSACTIONS
Misprints and Errors
Although go2 strives to provide reliable and current information on the Websites, misprints or other errors may occur. Accordingly, go2 reserves the right to change the prices, fees and charges regarding the products and services available through the Websites at any time and from time to time without any notice or liability to you or any other person. If you order a product or service for which the price was incorrectly displayed on the Websites, go2 will provide you with a reasonable opportunity to cancel your order.
Although go2 strives to ensure that products remain in stock and services remain available, go2 cannot guarantee that products or services advertised on the Websites will be available when ordered or thereafter. If you order a product or service that is not available, go2 will notify you by email. go2 reserves the right to limit quantities licensed or sold.
All prices and other amounts appearing on the Websites are quoted in Canadian dollars, unless expressly indicated otherwise. go2 reserves the right to change prices advertised on the Websites at any time.
The total price of your order will include the price of the ordered products or services plus all applicable taxes and delivery and handling charges. The price, applicable taxes and charges will appear on the completed order form, and will be charged to your credit card or your PayPal account when your order is accepted.
The advertisements on the Websites are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in the order form. Your order will be deemed to be accepted once a confirmation notice has been sent by email.
You acknowledge and agree to go2's refund and cancellation policies as follows:
(a) all purchases are final and payments are non-refundable for purchases ordered on www.servingitright.com;
(b) for purchases ordered on www.go2hr.ca for the FOODSAFE correspondence course, you will receive a full refund of the course cost less shipping and handling costs if you submit a written notice of cancellation to Customer Service and if your unopened FOODSAFE course materials are received by go2 within 30 days from the date of order; and
(c) for purchases ordered on www.go2hr.ca for the FOODSAFE correspondence course, you will receive a 50% refund of the course cost less shipping and handling costs if you submit a written notice of cancellation to Customer Service and if your opened FOODSAFE course materials are received by go2 within 30 days from the date of order.
You may pay for your purchases with VISA, MasterCard or PayPal. go2's on-line transaction service provider may obtain payment pre-approval from your credit card issuer when your order is processed, and the purchase payment will be charged to your credit card if and when your order is accepted.
Special arrangements for group billing may be made with go2 through a school or other eligible group recognized by go2.
go2 will ship ordered products to the delivery address stated on your order form. Shipping and delivery times will depend on product availability and the delivery method selected in your order.
7. WEBSITE COMMUNICATIONS
All communications you submit through or to the Websites (including go2's discussion forums and job boards) or to go2, must be true, accurate and complete. You authorize go2 to accept communications that it receives from you by means of the Websites and respond to your communications by means of Internet communications, email or other communications methods. Communications you send to go2 by means of the Websites are not delivered or effective unless and until they are processed by the responsible go2 representative.
8. WEBSITE CONTENT, DISCUSSION FORUMS AND COMPLAINTS
go2 is not obliged to monitor or police the use of the Websites (including go2's discussion forums and job boards) or screen, police, edit or remove postings of materials to the Websites, although go2 reserves the right to do so in its discretion and without any notice or liability to you or any other person.
go2 reserves the right to refuse to post or to remove any materials, in whole or in part, that go2 in its discretion considers to be unacceptable, undesirable, or in violation of the go2 Website Acceptable Use Policy.
go2 will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged violations of the go2 Website Acceptable Use Policy or other alleged misconduct, including removing any and all offending submissions and postings from the Websites without any notice or liability to you or any other person. go2 is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands it may receive regarding any materials submitted or posted to the Websites or otherwise used in connection with the Websites before go2 takes remedial action regarding the materials.
If you post or submit materials to the Websites (including go2's discussion forums and job boards), you hereby grant to go2 and all other Website users permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Websites, and you represent and warrant to go2 and all Website users that their use of the materials does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person or any applicable laws.
Claims or concerns (including copyright or trademark infringement claims) regarding the Websites or their content may be made by sending an email to go2.
9. PERMISSION TO REPUBLISH DESIGNATED ARTICLES
Certain articles on the Websites may be expressly designated by go2 as available for republication subject to this Agreement (collectively, the "Designated Articles"). go2 hereby grants to you a limited, non-exclusive, and revocable license to republish Designated Articles subject to the following conditions: (a) the Designated Articles may be republished only in electronic or print publications (including websites) that are available or distributed free of charge in Canada only (including on a website originating from a server located in Canada); (b) the Designated Articles (including all visible and non-visible identification, marks, notices, bylines and disclaimers) may not be modified in any way; (c) all republications of Designated Articles must include the following notice appearing immediately below the Designated Articles: "Copyright © 2012 go2 Tourism HR Society. All Rights Reserved. Republished under license."; (d) go2 may in its discretion at any time, and without any prior notice or liability to you or any other person, terminate the license and withdraw permission for your republication of any or all of the Designated Articles immediately upon delivery of notice (a "License Termination Notice") to you; and (e) you will immediately comply with all License Termination Notices.
10. OWNERSHIP OF WEBSITES
The Websites (including all Designated Articles and other content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Websites) are the property of go2 and others, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or their content.
Except for republication of Designated Articles in accordance with Section 9 of this Agreement: (a) the Websites and their content 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 go2; and (b) you may not reproduce, copy, duplicate, sell, or resell any part of the Websites or access to the Websites. You may not use any of the software that is used in the operation or provision of the Websites except while you are using the Websites in accordance with this Agreement.
11. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
GO2 DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITES (INCLUDING DESIGNATED ARTICLES AND ALL OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES). YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY GO2 TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GO2 MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE WEBSITES WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE WEBSITES WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE WEBSITES; OR (F) THE ACCESS TO AND USE OF THE WEBSITES WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE WEBSITES; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE DATA CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE WEBSITES.
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 WEBSITES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF GO2, AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL:
(A) GO2 EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITES (INCLUDING DESIGNATED ARTICLES AND ALL OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES) BY YOU OR ANY OTHER PERSON (INCLUDING ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO: (I) ANY DELAY OR FAILURE IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND GO2'S REASONABLE CONTROL; (II) ANY LOST SHIPMENT, OR ANY DELAY IN THE DELIVERY OF ANY PRODUCTS OR SERVICES YOU ORDER THROUGH THE WEBSITES; (III) ANY FAILURE OR DELAY BY GO2 IN RECEIVING, ACCESSING, ACCEPTING, PROCESSING OR ACTING ON ANY COMMUNICATION SENT TO GO2 BY MEANS OF THE WEBSITES, EMAIL OR OTHERWISE; OR (IV) THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEBSITES OR ANY PART OF THEM), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY GO2 OR ANY PERSON FOR WHOM GO2 IS RESPONSIBLE, AND EVEN IF GO2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
(B) GO2'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY GO2 OR ANY PERSON FOR WHOM GO2 IS RESPONSIBLE, AND EVEN IF GO2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED, EVER EXCEED $100 (CDN). YOU AND ALL PERSONS YOU REPRESENT HEREBY RELEASE, REMISE AND FOREVER DISCHARGE GO2 FROM ANY AND ALL LIABILITY IN EXCESS OF $100 (CDN).
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS GO2 FROM AND AGAINST ANY AND ALL CLAIMS AND PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITES (INCLUDING DESIGNATED ARTICLES, INFORMATION YOU POST TO THE WEBSITE, AND ALL OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES) OR ANY NEGLIGENCE, MISCONDUCT, INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, OR BREACH OF THIS AGREEMENT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE.
IN THIS SECTION 11: (A) "CLAIMS" MEANS THIRD PARTY CLAIMS, COUNTERCLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LEGAL FEES, COSTS, EXPENSES, AND DISBURSEMENTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, OF ANY NATURE OR KIND, WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHETHER IN LAW OR IN EQUITY OR PURSUANT TO CONTRACT OR STATUTE; (B) "PROCEEDINGS" MEANS THIRD PARTY ACTIONS, SUITS, PROCEEDINGS, AND HEARINGS OF ANY NATURE AND KIND IN ANY COURT OF LAW OR EQUITY OR BEFORE ANY ARBITRATOR OR OTHER BODY, BOARD OR TRIBUNAL; (C) "GO2" INCLUDES GO2 AND ITS AFFILIATES AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE PAST, PRESENT AND FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, AND RELATED PERSONS; AND (D) "YOU" MEANS YOU AND ANY PERSONS YOU PURPORT TO REPRESENT.
You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by go2, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement, and you may not rely on any such advice or information.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
12. NO ADVICE
The Websites are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, 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 Websites.
13. PERSONAL INFORMATION
14. TRADEMARK INFORMATION
go2™, the go2 logo, the slogan "The Resource for People in Tourism" and the slogan "Serving it Right" are trademarks, service marks or trade names owned or licensed by go2. Other product and company names and logos appearing on the Websites may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Websites (collectively "Marks"), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Websites or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
15. OTHER SITES
For your convenience, the Websites may include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from go2, and go2 has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against go2 arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and go2, the provisions of this Agreement under the section headed Disclaimers, Liability Exclusions/Limitations and Indemnity (Section 11) apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.
16. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING
Links to the Websites without the express written permission of go2 are strictly prohibited. To request permission to link to the Websites, please send an email to go2. go2 may in its discretion cancel and revoke any permission it may give to link to the Websites at any time and without any prior notice or liability to you or any other person.
The framing, mirroring, scraping or data-mining of the Websites or any of their content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Websites or to post comments, communications, or any other data of any kind to or on the Websites with the intention that such postings may be viewed by other users of the Websites.
17. UNSOLICITED SUBMISSIONS
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names, (collectively "Submissions") to go2 or the Websites you automatically grant (or warrant that the owner of the Submissions grants) to go2 and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of go2 or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of go2 and its successors and assigns.
18. CHANGES TO THIS AGREEMENT
go2 may in its discretion change, supplement or amend this Agreement from time to time as it relates to future use of the Websites, without any prior notice or liability to you or any other person, by posting the revised Agreement on the Websites. You may not change, supplement, or amend this Agreement in any manner. When you use the Websites you should check the date of this Agreement and review any revisions since the last version. You should also bookmark this page and periodically review this Agreement to ensure that you are familiar with the most current version.
By using the Websites after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you purport to represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you purport to represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not continue to use the Websites.
If you breach any provision of this Agreement, you may no longer use any of the Websites. go2 may, at any time and for any reason and in its discretion, change, suspend or terminate, temporarily or permanently, the Websites or any part of them, or your permission to use the Websites and your Codes, or this Agreement, all without any notice or liability to you or any other person. Any persons you represent may, at any time and in their discretion, terminate your permission to access or use the Websites. If this Agreement or your permission to access or use all or any of the Websites is terminated by you, or by any persons you represent, or by go2, then this Agreement and all other then existing agreements between go2 and you or 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 Websites, and anything connected with, relating to or arising there from. Sections 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 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.
20. GOVERNING LAW AND DISPUTE RESOLUTION
The Websites are controlled by go2 from Vancouver, British Columbia. This Agreement and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. Any dispute between you and go2 or any other person arising from, connected with or relating to the Websites, this Agreement, or any related matters ("Disputes") must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
21. OTHER MATTERS
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.
This Agreement enures to the benefit of and is binding upon each of go2 and its 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 go2's prior written consent, which consent may be withheld in go2's discretion. go2 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 go2 to or of any breach of this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default; or (b) effective unless in writing and signed by go2.
Any rights not expressly granted by this Agreement are reserved to go2.
This Agreement is subject to change by go2 without notice.
In this Agreement: (a) headings are for reference only and do not define, limit or enlarge the scope or meaning of this Agreement or any of its provisions; (b) "persons" includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (c) words importing the singular number only include the plural and vice versa; (d) "including" and "includes" mean including or includes (as applicable) without limitation or restriction; (e) whenever the words "discretion", "option" or any variations thereof are used with respect to person they mean that person's sole, absolute and unfettered discretion or option. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
GO2™ WEBSITE ACCEPTABLE USE POLICY
This version in effect since July 2012.
Violations of this Policy may be reported by sending an email to go2.
This Policy applies to go2's websites (including go2hr.ca and servingitright.com) and related discussion forums and go2's job boards (collectively the "Websites").
General Use Rules
Use of the Websites must be lawful, ethical, and respectful of the legal rights and interests of others, and consistent with the security and reliability of the Websites and the Internet generally.
Without limiting the above, the following rules apply to the use of the Websites, which includes posting materials to the Websites:
- Lawful Use: Use of the Websites must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Websites from locations where the Websites may be illegal is prohibited.
- Intended Purpose: The Websites may be used only for purposes that are consistent with the spirit and intended purposes of the Websites and, in particular, must not be used in: (a) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; or (b) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- Security and Performance: The Websites must not be used with any action, device, software or routine that could directly or indirectly interfere (or attempt to interfere) with the proper working of the Websites or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
- Other Person's Rights: Use of the Websites must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
- No Data Collection: Use of the Websites must not involve any data matching or data mining, including the collection or use of information about other Website users (including their email addresses and other personal information).
Use Guidelines - Prohibited Uses
The following is a non-exhaustive list of prohibited uses of the Websites. go2 reserves the right, in its discretion, to determine whether any use of the Websites is prohibited or otherwise violates this Policy.
- Uses that may violate the General Use Rules set forth above.
- Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. (This includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct.)
- Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
- Uses that may dilute or depreciate the name and reputation of go2 and its affiliates or associates.
- Uses that interfere with other persons' use and enjoyment of the Websites or of the Internet generally.
- Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Websites or that may otherwise or result in: (a) the circumvention or breach of any user authentication, password, security or control measures regarding the Websites or any other Internet resource or computer system; or (b) unauthorized access to other persons' go2 accounts and materials (including materials posted to the Websites) or interference with their use and enjoyment of the Websites.
- Uses that conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including any go2 representative.
- Uses that contain or disclose images or personal information of any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's informed consent.
- The uploading, posting or transmission to the Websites of any of the following materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally: (a) executable programs or audio and video recordings; (b) materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Websites or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and (c) materials that are encrypted.
Monitoring and Complaints
go2 is not obliged to monitor, screen, police or edit the use of the Websites, including postings of materials to the Websites, although go2 reserves the right to do so in its discretion.
go2 will respond as it considers appropriate, in its discretion, if go2 becomes aware of any inappropriate uses of the Websites, including uses that constitute copyright infringement. You may report violations of this Policy by sending an email to go2.
Compliance, Consequences, and Law Enforcement Disclosure
go2 may in its discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the go2 Website Use Agreement, and may, in go2's discretion, result in: (a) termination or suspension of permission to use the Websites or portions of the Websites; (b) restricted access to materials posted to the Websites; (c) removal and permanent deletion and destruction of materials posted to the Websites; and (d) other consequences; all without any notice or any liability to you or any person.
Website users who violate this Policy may incur criminal or civil liability.
go2 may in its discretion report perceived violations of applicable law to law enforcement authorities. go2 will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Website users' personal information (including account information and payment information) and copies of materials used in connection with the Websites, including materials posted to the Websites.
go2's failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.
This Policy is subject to change by go2 without notice.