Welcome to the Hrmonize human resource management system. The following Terms of Service ("TOS") are between you and Hrmonize and constitute a legal agreement that governs your use of the Hrmonize service and website (collectively referred to as the Service). You must agree to these TOS before you can use the Service. You agree to these TOS by using the Service of which these TOS are made a part. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "Hrmonize" as used herein means Hrmonize.com and other subsidiaries, the parent company being 1401290 Ontario Inc., located at 322-70C Mountjoy N, Timmins, On P4N 4V7.
To use and/or register for the Service you must be: a) of legal age to form a binding contract with Hrmonize, and b) cannot be a person barred from receiving the Service under the laws of Canada, the United States or any other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.
Hrmonize may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised.
You understand and acknowledge that the Service is being provided as a Public Beta, and is made available on an "as is" and "as available" basis for the purpose of providing Hrmonize with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Hrmonize strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. You assume all risks and all costs associated with your use of the service including, without limitation, any internet access fees, back up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. Hrmonize will not be held responsible for any data loss, leak, corruption, intrusion, or any other form or kind of information breach. In addition, Hrmonize is not obligated to provide any maintenance, technical or other support for the Service.
Hrmonize reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Hrmonize may provide notice of any such changes to the Service by posting them on its websites and/or via the Service. You agree that Hrmonize shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that Hrmonize has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, Hrmonize may at any time, upon prior notice as required by applicable law, institute changes to the fees for the Service.
As part of using the Service, Hrmonize will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, Hrmonize will be free to use any feedback you provide for any purpose and without compensation.
Hrmonize may impose certain limitations on the use of the Service, including, but not limited to, allocating certain levels of storage capacity to your account, restricting the number of accounts you may register, imposing expiration dates on published documents and removing expired documents from the Service. You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Hrmonize reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you.
To sign-in and activate the Service, you must use your existing Hrmonize Account (also referred to as an Hrmonize ID) or setup a new Hrmonize Account if you do not already have one. This Hrmonize Account will be used to setup the Service for you. You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
You agree to pay for all products you license through the service, and that Hrmonize may charge your credit card account for any products licensed, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Hrmonize with valid credit card account details for payment of all fees. All fees will be billed to the credit card account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card, you must change your credit card account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Hrmonize can verify the validity of the new credit card account information).
Prices and availability of any Products are subject to change at any time.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be a refund of the price paid for such Product, as determined by Hrmonize at its sole discretion. Otherwise, no refunds are available.
You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Hrmonize’s Privacy Policy. Information collected when you use the Service may include technical or diagnostic information related to your use that may be used by Hrmonize to maintain, improve and enhance the Service. For more information please read our full privacy policy at http://www.hrmonize.com/site/privacy/. You further understand and agree that this information may be transferred to Canada, the United States and/or other countries for storage, processing and use by Hrmonize and/or its affiliates.
"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Hrmonize, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Hrmonize does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
You acknowledge that Hrmonize is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Hrmonize reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Hrmonize does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
You acknowledge and agree that Hrmonize may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Hrmonize, its users or the public as required or permitted by law.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Hrmonize's Copyright Agent at admin@hrmonize.com. Hrmonize may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.
Except for material we may license to you, Hrmonize does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the general public, you grant Hrmonize a worldwide, royalty-free, non- exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or Hrmonize remove such Content from the public area. By submitting or posting such Content on areas of the Service that are accessible by the general public, you are representing that you are the owner of such material and/or have authorization to distribute it.
You understand that in order to provide the Service and make your Content available thereon, Hrmonize may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Hrmonize to take any such actions.
Hrmonize, the Hrmonize logo, and other Hrmonize trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Hrmonize in Canada, the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
You acknowledge and agree that Hrmonize and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the Software), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Hrmonize grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Hrmonize as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
You agree to abide by Canada, the U.S. and other applicable export control laws and not to transfer from Canada, the U.S., by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this TOS.
As part of the Service, the Service may from time to time be updated by Hrmonize or its agents. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Hrmonize may automatically deliver such updates to you as part of the Service.
You may terminate your account and/or stop using the Service at any time.
Hrmonize may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Hrmonize in its sole discretion, and Hrmonize will not be responsible to you or any third party for any damages that may result or arise suspension shall be made by Hrmonize in its sole discretion, and Hrmonize will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Hrmonize account and any documents published thereunder.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Hrmonize may have no control over such third party sites and/or materials, you acknowledge and agree that Hrmonize is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Hrmonize shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
You expressly understand and agree that your use of the service is at your sole risk and the service is provided on an "as is" and "as available" basis. Hrmonize and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, Hrmonize and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors make no warranty that (a) the service will meet your requirements; (b) your use of the service will be timely, uninterrupted, secure, or error free; (c) any information obtained by you as a result of the service will be accurate or reliable; and (d) any defects or errors in the software provided to you as part of the service will be corrected. Any material transmitted, stored, accessed, or otherwise maintained through the use of the service is done so at your own discretion or loss or corruption of data that results from any such use of the service. No advice or information, whether oral or written, obtained by you from Hrmonize or through or from the service shall create any warranty not expressly stated in the TOS.
You expressly understand and agree that Hrmonize and its affiliates, subsidiaries, officers , directors, employees, agents, partners, and licensors 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, use, data, cost of procurement of substituted goods or services, or other tangible or intangible losses (even if Hrmonize has been advised of the possibility of such damages, resulting from : (a) the use or inability to use the service; (b) the authorized or unauthorized access to or alteration of your transmissions or data; (c) the deletion of, the corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (d) statements or conduct of any third party on the service; and (e)any other matter relating to the service.
You agree to defend, indemnify and hold Hrmonize, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.
Hrmonize may provide you with notices regarding the Service, including changes to these TOS, by email, regular mail, or by postings on its website and/or the Service.
Any litigation or other dispute resolution between you and Hrmonize arising out of or relating to these TOS or your use of the Service will take place in Cochrane District, Timmins, Ontario, Canada (or the current head office), and you and Hrmonize hereby consent to the personal jurisdiction of and exclusive venue in the provincial and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of Canada and the Province of Ontario. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These TOS constitute the entire agreement between you and Hrmonize and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Hrmonize to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
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