Group Enrollment

These Terms of Use are a legal agreement between you and Jennifer Pernfuss doing business as RESPECT: Conciliation & Education (“we”, or “RESPECT”), the owner and operator of this website.

1. GENERAL

A. Acceptance
RESPECT owns and operates the respectatwork.ca website (the “Site”).  RESPECT has developed a workplace harassment complaints management process which it offers to its customers and their employees through the courseware and its component videos, resources, workbooks, training materials, documentation, product information and features available on the Site (the “Services”). This Site and the Services are provided subject to these Terms of Use, as they may be amended by us, and any guidelines, rules or operating policies that we may post on the Site, including, without limitation, our Privacy Policy, all of which are specifically incorporated herein by reference (collectively, the “Terms of Use”). By accessing or using this website, including but not limited to the action of checking the box next to the “I agree” button in the registration process, or completing any payment process for purposes of enrolling for Services, you accept the Terms of Use on behalf of yourself (“you”, or “Subscriber”) and your employees.  
2. Minimum Age and Ability to Bind
The Services are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.  
  1. TERMS OF SALE
 
  1. Pricing
Pricing for Services may be found on the Site from time to time and can be provided upon request. We reserve the right to change the prices and available Services at any time.  
  1. Changes to the Services
RESPECT continuously works to improve the Services and may change the Services at any time. We reserve the right to cancel or otherwise limit Subscriber’s access to any or all Services at any time without notice if we suspect fraudulent, abusive or unlawful activity or non-compliance with the terms of this Agreement. Upon suspension or cancellation, Subscriber’s right to use the Services shall immediately cease.  
  1. Payment
We accept payment made by cheque or etransfer. Upon request, we may make reasonable commercial efforts to accommodate other payment methods.  
  1. Refunds
All sales are final.                                                                                                 
  1. PROVISION OF SERVICES AND SUBSCRIBER CONDUCT
  Save and except for our obligations set forth herein, we take no responsibility and assume no liability for your use of the Site, the Services or the process.   Your access to and use of the Services is for a limited period of time equal to the length of your subscription for the Services, and the Services you can access will vary based upon your role and subscription. You acknowledge that the Services have selected areas and features available only to Subscriber’s administrators/instructors. Any space provided to administrators/instructors is for Subscriber to assign, manage and track its employees and other end users’ associated with Subscriber (“End Users”) usage of the Site and Services and to generate usage reports.   Subscriber and its End Users may access and use the Services solely for its End Users’ training use and internal evaluation and not for the benefit of any third-party. Subscriber may not transfer to a third party, except for End Users, either temporarily or permanently, any rights to access or use the Services.  You may not sell subscriptions or access to the Services or otherwise offer access to the Services to the general public.   You, on your own behalf and on behalf of your End Users, agree to comply with the following in connection with use of the Site or Services:  
  • You may not access or use the Site in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site);
 
  • You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site for any unauthorized purpose;
 
  • You may not use the Site or the Services in a way that, to be determined in the sole discretion of RESPECT, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Services, including our servers, computer network, or user accounts;
 
  • You may not use the Site in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site;
 
  • You shall not interfere with or disrupt the Site or servers or networks connected to the Site or the Services;
 
  • You shall not restrict or inhibit any other user from enjoying and using the Site or the Services;
 
  • You may not use the Services for any purpose other than for access and use by End Users, and without limiting the generality of the foregoing, you may not use the Services for any commercial purposes whatsoever, including, without limitation, through the rebroadcast, streaming or dissemination of any of the courseware and component videos, resources, training materials, documentation and product information to any third parties, whether or not for a fee, or as an added service to other services offered by you to third parties; and
 
  • You shall not use the Site or the Services in violation of applicable law or third party rights (including third party terms of service).
  Any use of the Site in violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Services.  
  1. DATA SHARING NOTICE
  RESPECT: Conciliation & Education may share with you the usage data for any training your End Users access from this point forward or have accessed through your subscription to the Services. To the extent required by applicable law, you will obtain End Users’ agreement that you are providing them with use of the Service in conjunction with your subscription and that by agreeing to share their usage data in the Service, End Users are allowing their employer to view reports on their progress and activity using these training materials.   You will also ensure your End Users agree that if they obtain access to the Services through your subscription, you have additional rights over their account, like the ability to view their account usage or profile data and suspend or cancel their access to the Services.   You will also ensure that End Users understand that if they change employment End Users’ right to access and use the Services is immediately terminated.  
  1. RESTRICTIONS AND RESPONSIBILITIES
 
  1. No Rights in Software
The Terms of Use is for access to the Site and any Services subscribed for, and you are not granted a license to any software by the Terms of Use and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or Services or any software, documentation, or data related to the Site or the Services (“Software”); remove any proprietary notices or labels from the Site or any Software; modify, translate, or create derivative works based on the Site or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or any Software.  
  1. Compliance with Laws
The Site and the Services shall only be used for lawful purposes and you shall use the Site and the Services only in compliance with the Terms of Use, and all applicable laws, including, without limitation all applicable anti-spam legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, defamation and copyright and trademark infringement.  
  1. Monitoring
Although we have no obligation to monitor your use of the Site, we may do so and may block any messages, remove any content, or prohibit any use of the Site that we believe may be (or is alleged to be) in violation of the foregoing or any other provision of the Terms of Use.  
  1. THIRD-PARTY WEBSITES AND SERVICES
  The Site may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, network streaming platforms and social bookmarking services (each, a “Third Party Service”). We are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk.   You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.  
  1. USERNAME AND PASSWORD
  You are responsible for maintaining the security of your and your End Users’ account username and password. You shall be solely responsible and liable for any activity that occurs under your username and we shall not be responsible for the actions of any individuals who misuse or misappropriate your personal or other information using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.  
  1. INTELLECTUAL PROPERTY RIGHTS
  RESPECT retains all right, title and interest in and to the Site and the Services, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. The Terms of Use do not grant or imply any rights to any copyright, trademarks, trade names or logos of RESPECT.  We reserve all rights not expressly granted under the Terms of Use and no other rights are granted.  
  1. DISCLAIMER OF WARRANTY
  RESPECT (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SITE OR SERVICES; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PROCESS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE OR SERVICES IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.   YOUR USE OF THE SITE, PROCESS AND SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, PROCESS AND SERVICES. NOTHING HEREIN SHALL EXCLUDE OR LIMIT RESPECT: CONCILIATION & EDUCATION’S REPRESENTATIONS OR WARRANTIES TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE SUCH REPRESENTATIONS OR WARRANTIES WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. RESPECT: CONCILIATION & EDUCATION DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN RESPECT; (B) ANY CONTENT PROVIDED IN CONNECTION WITH THE SERVICES OTHER THAN AS SPECIFICALLY PROVIDED BY RESPECT: CONCILIATION & EDUCATION; OR (C) THE CAPABILITIES OR RELIABILITY OF THE PRODUCTS OR SERVICES OBTAINED FROM A LINKED SITE.
  1. DISCLAIMERS- NO LEGAL ADVICE
THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY WRITTEN OR OTHER MATERIALS PROVIDED AS A PART OF THE SERVICES (COLLECTIVELY, THE “CONTENT”) SHOULD NOT BE CONSTRUED AS PROFESSIONAL LEGAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE.  BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE AND THAT YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF A QUALIFIED LAWYER YOU MAY HAVE REGARDING WORKPLACE HARASSMENT OR ANY OTHER LEGAL MATTERS.   IN NO EVENT WILL A SOLICITOR-CLIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.  YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY RESPECT AS A PART OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  1. LIMITATION OF LIABILITY
In no event shall the aggregate liability of RESPECT, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay to RESPECT for the applicable Services. YOU EXPRESSLY UNDERSTAND AND AGREE RESPECT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF RESPECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF SERVICES OR ANY EXERCISE PROGRAMS.  
  1. APPLICABLE LAW AND VENUE
  The Site is controlled by RESPECT and managed from its offices in Ontario. Canada. However, the Site is accessible in all Provinces of Canada and in other countries. You and RESPECT explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site and the Services will be governed by the laws of the Province of Ontario.  
  1. OTHER
  If any provision of these Terms of Use are deemed invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and RESPECT  regarding your use of the Services, and supersedes all prior or contemporaneous communications whether electronic, oral or written between you and RESPECT regarding your use of the Services. The parties hereto confirm their express wish that the Terms of Use and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.  
  1. QUESTIONS AND COMMENTS
  If you have any questions regarding the Terms of Use or your use of the Site and the Services, please contact us here:   RESPECT: Conciliation & Education By email: jennifer@respectatwork.ca   Dated: September 24, 2024  
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