Acceptable Use Agreement

IMPORTANT! YOUR ACCESS TO AND USE OF THE INFORMATION AND THE SERVICES ON THE PORTAL ARE SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. BY ACCESSING AND/OR USING THE PORTAL, YOU AGREE TO AND ACCEPT ALL OF THESE LEGAL TERMS AND DISCLAIMERS. IF YOU DO NOT AGREE WITH THESE LEGAL TERMS AND DISCLAIMERS, PLEASE EXIT THE PORTAL.

These legal terms and disclaimers constitute an agreement (the “Agreement”) between you (“You”), being a visitor and/or Content provider, as the case may be, to the myhamilton.ca Community Portal (the “Portal”), and the City of Hamilton (the “City”), regarding Your access and use of the Portal, Your subscription to the Portal, Your subscription to the registrant-only portion of the Portal, the provision of Content to the Portal and/or any and all other activities and transactions conducted through the Portal. The effective date of the Agreement is when You accept or are deemed to accept the Agreement by accessing and/or using any page or portion of the Portal and/or providing any Content, whichever occurs first.

The purpose of the Agreement is to help promote community confidence and trust in the Portal and to ensure that the Portal is in compliance with all applicable legislative and regulatory requirements. The Portal is intended to be the primary source for information in the Hamilton community and a safe and trusted public space for the free exchange of ideas. Material posted on the Portal is for the benefit of the community as a whole. Public spaces are not meant for promotion of commercial ventures or not-for-profit organizations, unless those not-for-profit organizations are recognized Portal Members and are acting in their capacity as Portal Members. Those seeking opportunities for business ventures are directed to the Hamilton Business Directory.

Access to certain information and/or services of the Portal requires completion of the registration form and creation of an acceptable login name (“Login Name”). The Login Name cannot be changed once it has been created. During registration You are required to give contact information for the purpose of receiving notifications regarding the Agreement, the Privacy Agreement and other Portal agreements and policies. Registered users cannot unsubscribe to notices relating to the Agreement, the Privacy Agreement, other Portal agreements and policies, or from other notices relating to important information about the Portal. All information, including Your personal information, retained during registration will be maintained in a profile (“User Profile”). Refusal to consent to the collection, use and disclosure of Your personal information when it has been requested will limit Your access to certain Portal sites and services. You are hereby advised to refer to the Privacy Agreement for a more detailed account of Your rights and obligations regarding the collection and use of Your personal information.

Any and all information, product names, company names, domain names, trade-marks or trade names, patents, copyrights, or other proprietary rights (whether or not registered), reports, web pages, graphics, data, databases, files, multimedia, software or content as used in or accessed through the Portal, including the manner in which the information is presented or appears and all information relating thereto (the “Content”), are the property of their respective owners (as indicated on the Portal), the City or its licensors.

You are solely responsible for Your own retrieval and use of the Content, transactions, products and services available on or through the Portal. You should apply your own judgment in making any use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.

YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, PRODUCTION, SUBMISSION AND ALL OTHER ASPECTS OF ANY CONTENT YOU PROVIDE TO THE PORTAL.

YOU HEREBY AGREE TO INDEMNIFY THE CITY, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS, AGENTS, PORTAL MEMBERS, CHANNEL MANAGERS, LICENSORS AND AUTHORIZED REPRESENTATIVES IN RESPECT OF:

(a) ANY CLAIM, EXPENSE, ACTION, CAUSE OF ACTION OR DAMAGES (“CLAIMS”) CAUSED BY YOUR ACCESS OF THE PORTAL, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO AN INJURY TO PERSONS OR PROPERTY; OR

(b) ANY CLAIMS ARISING FROM NEGLIGENT OR INTENTIONAL ACT OR OMISSION BY YOU; OR

(c) ANY CLAIMS RELATING TO NON-COMPLIANCE WITH APPLICABLE LAWS BY YOU; OR

(d) ANY CLAIMS RELATING TO AN ERRONEOUS, FAILED OR ABORTED ACTION OR TRANSACTION CAUSED BY YOU; OR

(e) ANY CLAIMS RELATING TO THE INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY CAUSED BY YOU; OR

(f) ANY CLAIMS ARISING IN ANY WAY FROM THE PROVISION AND/OR ACCESS OF YOUR CONTENT.

IN ORDER TO PROMOTE THE FREE EXCHANGE OF IDEAS AND INFORMATION, THE VIEWS AND OPINIONS EXPRESSED ON THE PORTAL DO NOT NECESSARILY REFLECT THOSE OF THE CITY OF HAMILTON AND ACCORDINGLY THE CITY OF HAMILTON CANNOT BE HELD RESPONSIBLE FOR THE VIEWS AND OPINIONS EXPRESSED ON THE PORTAL.

REFERENCES, LINKS, HYPERLINKS AND ADVERTISING CONTAINED ON THE PORTAL THAT DIRECT YOU TO ANY THIRD PARTY SITE ARE NOT APPROVAL, ENDORSEMENTS, OR SUPPORT FOR THE THIRD PARTY OR THE THIRD PARTY’S GOODS AND/OR SERVICES. IN ADDITION, THE CITY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF ANY NON-PORTAL SITES, NOR DOES THE CITY ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS, SERVICES OR INFORMATION DESCRIBED OR OFFERED AT NON-PORTAL INTERNET SITES.

NO CONTENT INCLUDING ALL DATA, MATERIAL AND INFORMATION CONTAINED ON THE PORTAL IS GUARANTEED TO BE CURRENT, ACCURATE, COMPLETE, ERROR FREE OR UNTAMPERED AND ALL CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION, THE CITY CANNOT BE HELD RESPONSIBLE FOR SERVER, HARDWARE, SOFTWARE, INTERNET TRANSMISSION, MONITOR SETTINGS, WEB-SITE DESIGN AND CONSTRUCTION THAT PRODUCES INCOMPLETE OR INACCURATE DATA, MATERIAL AND INFORMATION THAT MAY BE RECEIVED AND/OR DISPLAYED ON THE USER’S INTERNET BROWSER. THE PORTAL AND THE CITY DO NOT INTEND TO PROVIDE INDIVIDUAL SPECIFIC ADVICE INCLUDING, BUT NOT LIMITED TO, MEDICAL, INVESTMENT, FINANCIAL, LEGAL, ACCOUNTING AND/OR TAX ADVICE. THE CITY RECOMMENDS THAT YOU CONSULT WITH YOUR OWN PROFESSIONAL ADVISOR(S) WITH RESPECT TO YOUR PARTICULAR CIRCUMSTANCES.

EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE CITY MAKES NO REPRESENTATIONS AND WARRANTIES. EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, THE CITY, ITS DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS, AGENTS, PORTAL MEMBERS, CHANNEL MANAGERS, LICENSORS AND AUTHORIZED REPRESENTATIVES (EACH, A "PORTAL PARTY" AND COLLECTIVELY, THE "PORTAL PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED. THE PORTAL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, BE THEY UNDER COMMON LAW, AT EQUITY OR UNDER STATUTE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE; (B) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; AND (C) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL ANY PORTAL PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THE AGREEMENT OR YOUR USE OF THE PORTAL OR RELATING TO ANY CONTENT YOU HAVE PROVIDED, EVEN IF SUCH PORTAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CAUSE OF ACTION INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM: (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, OR (C) NEGLIGENCE, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE PORTAL, DO NOT AGREE WITH ANY PART OF THE AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PORTAL PARTY WITH RESPECT TO THE AGREEMENT OR THE PORTAL, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PORTAL.

THE PORTAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR: (A) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (B) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE ABOVE, THE PORTAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOU OR YOUR ACCESS TO OR USE OF THE PORTAL; (B) ANY INCOMPATIBILITY BETWEEN THE PORTAL AND OTHER INTERNET SITES, SERVICES, SOFTWARE AND HARDWARE, (C) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTION IN CONNECTION WITH THE PORTAL IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS CONTAINED IN THE AGREEMENT ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS THAT ARE PROVIDED TO YOU UNDER ANY APPLICABLE LAW.

You hereby agree to comply with all security procedures and maintain suitable virus protection software.

If You are a Content provider, You are the sole source of information and are responsible for the provision and contribution of Your Content. You hereby grant the City an irrevocable, royalty-free, perpetual license to have, use and sublicense the Content that You contribute or provide to the Portal as the City, in its sole discretion, deems necessary. Except for the grant of this license to the City, nothing in the Agreement constitutes a transfer of ownership of the Content from its rightful owner to another party. If Your Content belongs to another party, You are responsible for obtaining all necessary consents, assignments and licenses in order for You to comply with the Agreement. 

You hereby agree that You will not provide, contribute or produce any illegal, immoral or otherwise inappropriate Content on the Portal. You hereby acknowledge and agree that the City or its authorized representatives reserves the right to remove any Content that You have provided to the Portal. The City or its authorized representatives hereby reserve the right to review Content that has been subject to a concern and may temporarily or permanently remove Content for this purpose.

You hereby agree that You will not partake in illegal, immoral or otherwise inappropriate conduct on the Portal. You hereby acknowledge that the City reserves the right to terminate Your access to the Portal for partaking in such conduct.

You expressly agree to contact [email protected] to report any and all illegal, immoral or otherwise inappropriate conduct or Content that You come across on the Portal. The City hereby reserves the right to review Content that has been subject to a concern and may temporarily or permanently remove Content for this purpose.

The Portal is physically located on a server in Ontario, Canada. The Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby agree to have your disputes resolved in accordance with the Portal dispute resolution policy. 

Further, You irrevocably and unconditionally attorn to the jurisdiction of the courts of the Province of Ontario located in the City of Hamilton and courts competent to hear appeals there from. Except in those cases that are specifically prohibited by law, You agree to waive any right You may have to: (i) trial by jury; and (ii) commence or participate in any class action against the City relating to the Portal, the Content, or other services or products provided through the Portal or the Agreement and, where applicable, You also agree to opt out of any class proceedings against the City or its licensors. 

The parties have required that the Agreement and all documents relating hereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

The Agreement may be amended from time to time in accordance with these terms and any other policies and agreements of the City. The City reserves the right, in its discretion, to amend the Agreement at any time by posting amendments on the Portal or by providing You with such other notice as may be legally required. You are responsible for periodically reviewing the amendments on the Portal and You are deemed to have accepted and agreed to such amendments by accessing and using the Portal after such amendments have been posted. If You do not agree with the amendments to the Agreement, You shall immediately stop accessing and using the Portal. No supplement, modification or amendment to the Agreement and no waiver of any of the provisions of the Agreement shall be binding on the City unless agreed to by the City. No waiver of any of the provisions of the Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Any provision of the Agreement which is held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the Agreement, all without affecting the remaining provisions of the Agreement or affecting the validity, legality or enforceability of such provision in any other jurisdiction. The City shall have the right to assign the Agreement. You shall not assign the Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the City, which consent may be unreasonably withheld.

YOU AGREE WITH AND ACCEPT THE TERMS OF THE AGREEMENT AND INTEND TO BE LEGALLY BOUND BY THEM BY ACCESSING AND USING THE PORTAL. IF YOU DO NOT AGREE WITH THE TERMS OF THE AGREEMENT, PLEASE EXIT THE PORTAL NOW.

Date modified: July 7, 2016