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1.0 Acceptance of Contractual Relationship.
1.1 These License Terms form an electronic contract that establishes the legally binding terms you must accept to access and/or use any of the following, made available via the website www.trieclearning.ca, by the Toronto Region Immigrant Employment Council (“TRIEC”), including but not limited to the following:
(i) E-Learning modules and accompanying documents;
(ii) Videos and Guides and accompanying documents;
(iii) Printable Resources;
(iv) Workshop Materials; and
(vi) On-Demand Webinars;
one or more of these, or portions of them, are referred to in these License Terms as the “TRIEC Learning Resources”).
1.2 By accessing or using the TRIEC Learning Resources you agree and acknowledge that you have read, understood and agree to be bound by these terms. If you are acting on behalf of an organization, you agree that the organization will be bound by these terms.
1.3 If you disagree with these License Terms or any part of these License Terms, you must not use the TRIEC Learning Resources. The most recent version of these License Terms will be posted on www.trieclearning.ca website from time to time, and by continuing to use the TRIEC Learning Resources you agree to be bound by the most up-to-date version of the License Terms.
2.0 Purpose of the TRIEC Learning Resources.
2.1 The TRIEC Learning Resources are intended to be a resource for organizations or individuals to utilize to increase awareness, knowledge, and skills in the area of diversity and inclusion, intercultural competence, and cross-cultural communication, assess and inform organizational policies and practices, define inclusive behaviors, set performance goals, and develop diversity and inclusion training (collectively, the “Purpose”).
2.2 The TRIEC Learning Resources can be tailored or adapted to meet the users’ needs provided that the obligations and limitations set forth in these License Terms are complied with.
3.0 Suspension or Termination of Rights to the TRIEC Learning Resources.
3.1 TRIEC may suspend or terminate your access to the TRIEC Learning Resources at any time, without notice, if it believes that you have breached a term of these License Terms or misused the TRIEC Learning Resources. In such event, TRIEC may demand that any and all TRIEC Learning Resources, including those included in other works, be destroyed or returned to TRIEC, at its sole option. You agree to immediately comply with all such demands received from TRIEC.
3.2 After your access to, and right to use, the TRIEC Learning Resources are terminated for any reason, all terms contained within these License Terms shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire.
4.0 Intellectual Property.
4.1 The TRIEC Learning Resources and the information contained within them are and shall at all times remain the property of TRIEC.
4.2 You acknowledge and agree that there may be intellectual property rights, including copyright, associated with the content of, or contained within, the TRIEC Learning Resources. You agree to respect those rights and agree that the fact that content is included in the TRIEC Learning Resources or available through the use of the TRIEC Learning Resources does not give you any rights to use or reproduce such content other than those explicitly provided in these License Terms.
5.0 Permitted Uses of the TRIEC Learning Resources.
5.1 Subject to TRIEC’s right, at any time, to terminate these License Terms including the rights granted herein, you are granted a limited right to:
5.1.1 copy, adapt and use the TRIEC Learning Resources:
(i) for the development of training, strategies, programs, policies and practices such as, for example, onboarding programs, Diversity and Inclusion strategies, and Diversity and Inclusion training;
(ii) to inform your own documents, such as for example, as content for job descriptions, content for behavior interview questions, content for training materials, and content for diversity and inclusion policies; and
5.1.2 alter and/or create modifications of the TRIEC Learning Resources for such other uses that are consistent with the Purpose, defined above.
5.2 Translation of the TRIEC Learning Resources, for uses that are consistent with the Purpose, defined above, shall be permitted only upon entering into a translation agreement with TRIEC.
6.0 Acknowledgements and Notices.
6.1 If portions of the TRIEC Learning Resources are incorporated into, or used in the development of your own work, or if you publish or present materials which are developed using the TRIEC Learning Resources or a portion of the TRIEC Learning Resources, such work, publication or presentation shall include a statement of acknowledgement that the use of the TRIEC Learning Resources was made under license by TRIEC.
6.2 You acknowledge that certain of the TRIEC Learning Resources may have been developed with the support of the Government of Ontario.
6.3 You further agree to use, reproduce, maintain and not alter the following copyright notice on all embodiments, modifications or enhancements of the TRIEC Learning Resources:
TRIEC Learning Resources (Copyright © 2012-2020, Toronto Region Immigrant Employment Council (TRIEC)) are used with permission from TRIEC, in accordance with the applicable License Terms. All rights are reserved in Canada and worldwide.
7.0 Limitations of the TRIEC Learning Resources.
The TRIEC Learning Resources are provided for informational purposes only, are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by TRIEC. Employers, employees and other persons should use the TRIEC Learning Resources in the same manner as any other educational medium and should not rely on the TRIEC Learning Resources to the exclusion of their own professional judgement.
8.0 Prohibited Uses of the TRIEC Learning Resources.
8.1 The TRIEC Learning Resources shall not be used for any purpose which is not consistent with the Purpose, defined above.
8.2 The TRIEC Learning Resources are for non-commercial use only and shall not be used for any commercial endeavor. You are strictly prohibited from selling the TRIEC Learning Resources, or any portions of the TRIEC Learning Resources, whether or not incorporated into other works, unless prior written permission has been granted by TRIEC.
8.3 You may not use, adapt, copy, apply the contents of the TRIEC Learning Resources without acknowledging the source, in accordance with these License Terms.
9.0 User Feedback.
11.0 Use of Name.
Except as otherwise provided herein or with the written consent of TRIEC, you shall not use the name of TRIEC in any news release, promotion, advertisement, or other public announcement, whether written or oral, that endorses services, organization or products without the prior written approval of TRIEC.
12.0 Disclaimer of Warranties.
12.1 THE TRIEC LEARNING RESOURCES ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE MATERIALS, OR THE INFORMATION OR CONTENT INCLUDED IN THE TRIEC LEARNING RESOURCES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIEC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND CONTRACTORS EXPRESSLY DISCLAIM, AND YOU ACKNOWLEDGE THAT YOU HAVE NOT RECEIVED OR RELIED UPON, ANY WARRANTIES, CONDITIONS OR GUARANTEES EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
12.2 ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM TRIEC, INCLUDING THE TRIEC LEARNING RESOURCES, IS USED BY YOU AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL. TRIEC DOES NOT WARRANT THAT ALL PORTIONS OF THE TRIEC LEARNING RESOURCES WILL BE AVAILABLE AT ALL TIMES, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TRIEC LEARNING RESOURCES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
13.0 Limitation of Liability.
13.1 You agree to release and forever discharge TRIEC and its directors, officers, agents, employees, successors and assigns, from any and all claims, demands, actions or causes of action, that you may have otherwise had against TRIEC arising out of your use of the TRIEC Learning Resources for any purpose, or the use of the TRIEC Learning Resources by others, including any such claims, demands, actions or causes of action, made by you or against you.
13.2 TRIEC SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT YOU MAY SUFFER AS A RESULT OF USING THE TRIEC LEARNING RESOURCES, FOR ANY REASON.
13.3 FURTHERMORE, IN NO EVENT SHALL TRIEC BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE TRIEC LEARNING RESOURCES.
13.4 If, notwithstanding the foregoing, TRIEC should be found liable for any loss or damages which arise out of or is in any way connected with any of the above described functions or uses of the TRIEC Learning Resources, the maximum liability of TRIEC will in no event exceed, in the aggregate, CDN$100.
You agree to indemnify and hold harmless TRIEC, its subsidiaries, affiliates, licensors, service providers, employees, contractors, agents, officers, directors, successors and assigns, from and against any and all claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from: (i) your violation of any of these License Terms, (ii) the violation of any law or regulation by you, or (iii) your use or misuse of the TRIEC Learning Resources. You agree to notify TRIEC in the event you become aware that any such claims may be made against TRIEC by third parties for any reason. TRIEC 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 TRIEC.
15.0 Severability and No Waiver.
If a provision of these License Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. The failure of TRIEC to exercise or enforce any right or provision of these License Terms shall not constitute a waiver of such right or provision.
16.0 Entire Agreement.
17.0 Governing Law and Venue.
These License Terms will be governed by and construed in accordance with the laws of the Province of Ontario and Canada, and any disputes relating to these License Terms will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
18.0 Latest Version of License Terms.
These License Terms were last updated on: March 25, 2020.
The Toronto Region Immigrant Employment Council (“TRIEC”) is committed to protecting the privacy, accuracy and reliability of any personal information users choose to provide through this web site. This policy describes TRIEC’s personal information privacy practices.
By accessing this web site you are agreeing to be bound by the terms and conditions of this policy and consenting to the use of your personal information in accordance with the policy. If you do not agree with these terms and conditions, please exit from this web site and do not disclose any personal information through this web site or access any other pages. Changes may be made at any time to this policy, without prior notice. It is your responsibility to check these terms and conditions for changes and updates. Should you have any questions about this policy or TRIEC’s data collection and use practices, please email email@example.com. (These terms and conditions were last updated on July 1, 2007.)
2. Collection of Personal Information
TRIEC collects name, position title, employer name, address, telephone number, fax number, e-mail address, website and certain other information submitted through this web site for use in communicating with you about programming opportunities, news, and information offered by The Maytree Foundation and its related partners, and other purposes that may be stated. As well, in order to obtain other information and services, users may wish to provide certain other personal information. In this policy, “personal information” refers to information about an identifiable individual. While the personal information we collect may come directly from you, it may also be provided by our affiliates or other third parties.
3. Use of Personal Information
TRIEC uses personal information for the purposes indicated above. In addition, TRIEC may use personal information to provide other services and information that users request, to contact users in connection with TRIEC’s events, news and other activities, and to provide users with additional information about events and services in which they might be interested.
If users provide personal information and later decide that they do not want it used for these purposes, they may opt out by contacting TRIEC. Please refer to Personal Information: Access and Correction below.
4. Disclosure of Personal Information
TRIEC will share personal information in only the following circumstances:
(b) TRIEC may disclose personal information when required or permitted to do so by law or legal process.
(c) Aggregate information does not contain any personal information about users of this web site. From time to time, TRIEC may use and disclose information in aggregate form.
(d) TRIEC may also use this personal information to assess your future needs and to offer the products and services that may best meet those needs, from ourselves, our affiliates or reputable organization selected by us. If you do not wish to receive these offers or such information, please contact our Privacy Officer as outlined below in the “Questions” section.
5. Consent to the Collection, Use and Disclosure of Personal Information
When we receive personal information from you that enables us to provide you with a requested product or service, your consent to allow us to deal with that personal information in a reasonable manner is implied. If you need to provide personal information about other individuals (such as employees, dependants, etc.), you must first obtain their consent for these purposes prior to your disclosure to us.
Providing us with your personal information is always your choice. When you request services from us, we ask that you provide information that enables us to respond to your request. In doing so, you consent to our collection, use and disclosure to appropriate third parties of such personal information for the purposes described in this policy. You also authorize us to use and retain this personal information for as long as it may be required for the purposes described above. Your consent remains valid even after the termination of our relationship with you, unless you provide us with written notice that such consent is withdrawn.
6. Personal Information: Access and Correction
If users wish to access their personal information, or request that their personal information be removed from TRIEC’s database or web site, they may contact TRIEC through the e-mail or mail address listed at the end of this document. TRIEC will provide access to this information, correct any factual inaccuracies identified, and remove information as requested. Removal of a user’s personal information may prevent us from providing further services and information to the user.
7. Privacy and the Internet
TRIEC also collects information that, alone, cannot be used to identify users (referred to as “non-personal information”) through this web site. Examples of types of non-personal information that may be collected include anonymous survey responses, as well as IP addresses, cookies, Internet tags and navigational data (described in more detail below)
An Internet Protocol (IP) address is a number automatically assigned to users’ computers when they access the Internet. This number does not identify the user’s name, e-mail address or other personal information. This information may be used to measure site traffic, to help to understand how people are using this web site and to improve the site and services provided.
“Cookies” are small text files that recognize repeat visitors, facilitate ongoing access to some sites, and allow sites to understand how and when pages are visited and by how many people. Users who are concerned about the use of cookie technology may opt to enable a feature in their browser software that will erase cookies, block all cookies, or warn the user before cookies are stored or exchanged. However, some parts of this web site may no longer function properly if cookies are disabled.
Internet tags (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the web site server information such as the IP address and browser type related to a user’s computer. Tags may indicate how many times a page is opened and which information is consulted.
Navigational data (including log files, server logs and clickstream data) are used for system management, to improve the content of the site, for market research purposes and to communicate information to visitors. This may include the web site you came from, your browser type, domain name and time and date of access.
8. Links to Other Sites
TRIEC will protect personal information using security safeguards that are appropriate to the sensitivity level of the personal information received.
If you have any questions about this policy, this web site or its offerings, you may contact us at firstname.lastname@example.org