Welcome to Metrics@Work. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of metricsatwork.ca is expressly conditioned on your acceptance without modification of the following Terms of Use (the “Terms of Use”).
Acceptance of Agreement
This is an agreement between you and Metrics@Work Inc. and its employees, agents, affiliates and contractors (“Metrics@Work”), regarding your access to and use of metricsatwork.ca and all other websites owned and operated by Metrics@Work (collectively, the "Website"). These Terms of Use also provide benefits to Metrics@Work’s affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement to be bound by the Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of the Terms of Use, please exit the Website.
Metrics@Work may, in its sole discretion, change these Terms of Use from time to time as it relates to future use of the Website, by posting revised Terms of Use on the Website. By using the Website after these revised Terms of Use has been posted, you signify your acceptance and agreement to be bound by the revised Terms of Use. You may not change the Terms of Use in any manner.
Use of Site
Neither the Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Metrics@Work. Unauthorized use of the Website and/or the content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the Website. You are not permitted to engage in any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information from the Website for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the Website.
You are prohibited from contributing, posting or transmitting to this Website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Metrics@Work reserves the right (but not the obligation) to remove or edit such content.
In its sole discretion, in addition to any other rights or remedies available to Metrics@Work and without any liability whatsoever, Metrics@Work at any time and without notice may terminate or restrict your access to any component of the Website.
Metrics@Work’s failure or delay to enforce any of the Terms of Use shall not operate as a waiver of any of its rights and privileges contained herein.
Ownership, Trademarks and Copyright
The Website, its design, all text, graphics, content (including the Employee Feedback System Survey), video, audio and the selection and arrangement of the Website and its content are the property of Metrics@Work, and/or its subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Metrics@Work or the applicable Third Parties. All software used on this site is the property of Metrics@Work or its software suppliers and protected by Canadian and international copyright laws.
The name ‘Metrics@Work’ and all other related trademarks and design marks displayed on the Website are registered and common law trademarks of Metrics@Work. Other trademarks and design marks appearing on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, except with the express written permission of Metrics@Work, or the other party that may own the applicable trademarks.
Customer Content
By posting content in connection with your use of the Website (“Customer Content”) you automatically grant, and you represent and warrant that you have the right to grant, to Metrics@Work a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any such Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. Any use of Customer Content will be in accordance with Metrics@Work’s Privacy Policy.
Username and Password
Your account on the Website may be accessed only by use of your login name and password. Metrics@Work will provide you with a username and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Metrics@Work.
All login names and passwords remain the property of Metrics@Work, and may be cancelled or suspended at any time by Metrics@Work without any notice or liability to you or any other person. Metrics@Work is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Metrics@Work of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Privacy
You have read Metrics@Work’s Privacy Policy, the terms of which appear on the Website here and are incorporated into these Terms of Use, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by Metrics@Work in accordance with the terms of and for the purposes set out in Metrics@Work’s Privacy Policy.
Liability disclaimer – READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms of Use as amended from time to time, Metrics@Work makes no representations or warranties of any kind, express or implied, regarding the Website and/or any content or services provided on the Website, all of which are provided on an “as is” and “as available” basis. Metrics@Work does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website, and expressly disclaim all warranties and conditions in respect of the Website, its content or data, and any services offered on the Website, including those arising by statute or otherwise in law.
Metrics@Work is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Metrics@Work assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website.
Maximum Liability
If Metrics@Work should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website or its content, or any of the services offered on the Website, the liability of Metrics@Work will in no event exceed in the aggregate $250 CAD.
In no event will Metrics@Work be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or its content, the operation of this website or any failure or delay in the operation of this website even if advised of the possibility of damages.
Indemnification
You will indemnify and save harmless Metrics@Work and its respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Website.
Survival
The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to the Website.
Feedback
Metrics@Work welcomes your feedback and comments regarding the Website. By submitting or providing us with comments, messages, suggestions, ideas, concepts, feedback or other information about the Website, Metrics@Work and/or its operations (the “Submissions”), you hereby: (i) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party; (ii) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (iii) grant Metrics@Work an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize the Submissions in any way and for any purpose. You also waive in favour of Metrics@Work and its successors and assigns any and all of your moral rights in and to all Submissions. Furthermore, you agree that Metrics@Work is not responsible for the confidentiality of any Submissions.
Governing Laws, Jurisdiction
You consent and submit to the exclusive jurisdiction of the courts located in the City of St. Catharines, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and these Terms of Use. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Enquiries
Please direct enquiries to Metrics@Work’s registered business address at:
23 Hannover Drive, Unit #7
St. Catharines, Ontario
L2W 1A3
Email Contact: zak@metricsatwork.com
