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Terms of Service Agreement: Canada

PLEASE READ! calgaryhandyman.withatoolbox.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF calgaryhandyman.withatoolbox.com ARE REQUIRED CONSIDERATIONS FOR calgaryhandyman.withatoolbox.com GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH calgaryhandyman.withatoolbox.com OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF calgaryhandyman.withatoolbox.com.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO calgaryhandyman.withatoolbox.com. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH calgaryhandyman.withatoolbox.com OR ITS CONTENTS IN ANY MANNER. calgaryhandyman.withatoolbox.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

calgaryhandyman.withatoolbox.com RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, calgaryhandyman.withatoolbox.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW calgaryhandyman.withatoolbox.com, TO KEEP THEMSELVES INFORMED OF CHANGES.

1. DEFINITIONS
“Calgary Handyman With a Toolbox” means “Client” means the party utilizing Calgary Handyman With a Toolbox’s services. “Agreement” means this Terms of Service Agreement. “Content” means all information and materials submitted by Client to Calgary Handyman With a Toolbox. “Service” or “Services” means any and all services provided to Client by Calgary Handyman With a Toolbox. “Partner” or “Partners” means a third party that has a joint venture, marketing or similar relationship with Calgary Handyman With a Toolbox; a third party who broadcasts, displays or distributes the Content with the permission of Calgary Handyman With a Toolbox; and any third party who otherwise uses the Content with Calgary Handyman With a Toolbox’s permission.

2. PAYMENT TERMS
Clients must pay for Services by credit card at the time the service is completed or, with approved credit, may be invoiced. Unless otherwise specified, all invoices of Calgary Handyman With a Toolbox are due upon receipt. In addition to the amounts due, Calgary Handyman With a Toolbox may charge interest on overdue amounts at the lesser of 18% per annum or the maximum rate permitted by law, as well as any costs of collection, including reasonable legal fees and costs. Calgary Handyman With a Toolbox may, at its sole election, suspend performance of any further Services until such time as all payments due are paid.

3. REPRESENTATIONS, WARRANTIES AND COVENANTS
Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to Calgary Handyman With a Toolbox. Calgary Handyman With a Toolbox reserves the right to reject copy when necessary in its judgment.

Client represents and warrants to Calgary Handyman With a Toolbox that it has the right and is authorized to submit the Content to Calgary Handyman With a Toolbox for distribution, broadcasting and/or filing; that the Content is true and accurate; that the Client is not impersonating any person or entity or misrepresenting Client ’s affiliation with any person or entity; that the Content complies with all applicable laws and regulations; that the Content will not violate or infringe upon any copyright, trademark, or service mark rights, any other property rights, privacy rights, non-solicitation rights, intellectual property rights, confidentiality rights or other proprietary or contractual rights of any person or entity; that the Content does not contain any information which is libelous, defames or slanders any person or entity, which violates the intellectual property or confidentiality rights of any person or entity; and that Client has investigated the desirability of utilizing Calgary Handyman With a Toolbox’s services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on Calgary Handyman With a Toolbox’s web site, “CalgaryHandyman@ofalberta.ca”.

4. INDEMNIFICATION AND LIMITATION OF LIABILITY
In the event any third party brings any action, arbitration, or other legal proceeding (collectively, “legal proceeding”) against Calgary Handyman With a Toolbox, its officers, directors, shareholders, agents, employees or other representatives of Calgary Handyman With a Toolbox, or against any Partner (collectively hereinafter referred to as “the Indemnified Parties”), Client shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, actions, suits, proceedings, liabilities, obligations, losses and damages, amounts paid in settlement, interest, costs and expenses (including reasonable attorneys’ fees, court costs and other out-of-pocket expenses incurred in investigating, preparing or defending the foregoing) (collectively, “Losses”) incurred or suffered by any Indemnified Party to the extent that the Losses arise by reason of, or relate to, this Agreement or any breach of any representation, warranty or covenant of Client contained in this Agreement, or the Services provided to Client.

Neither Calgary Handyman With a Toolbox, its affiliates nor Partners shall be liable in any way for indirect, incidental, consequential, special or exemplary damages, punitive damages or penalties (even if Calgary Handyman With a Toolbox has been advised of the possibility of such damages or penalties), arising out of this Agreement, including but not limited to, loss of revenue, change in share price, loss of anticipated profits or lost business. This limitation of liability applies to any damages or penalties, including without limitation those caused by any failure of performance, error, omission, interruption, delay in operation or transmission, whether for breach of contract, tortious conduct, acts or omissions, negligence, or under any other claim or cause of action.

ANY LIABILITY OF Calgary Handyman With a Toolbox, ITS AFFILIATES AND PARTNERS IN CONNECTION WITH, OR FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, SHALL BE STRICTLY LIMITED TO THE APPLICABLE AMOUNT (IF ANY) ACTUALLY PAID BY OR ON BEHALF OF CLIENT TO Calgary Handyman With a Toolbox.

5. LICENSE
Client hereby grants Calgary Handyman With a Toolbox a non-exclusive, royalty-free, sub-licensable, irrevocable, transferable and assignable license to store, display, reproduce, distribute and, if appropriate, translate the Content submitted to Calgary Handyman With a Toolbox. Client also grants Calgary Handyman With a Toolbox the right to mention Client’s name in Calgary Handyman With a Toolbox’s marketing materials, unless Client requests in writing that Calgary Handyman With a Toolbox refrain from such mentions.

All intellectual property rights in, and ownership of, all materials provided by Client and any materials developed by Calgary Handyman With a Toolbox in connection with its performance of the Services shall be and shall remain the exclusive property of Client. Calgary Handyman With a Toolbox may use such materials solely for the purpose of performing the Service.

6. POLICIES
Calgary Handyman With a Toolbox maintains a set of policies (see “Client Use Policies” attached) governing the allowable usage of its Services. Client agrees to adhere to the Policies, as amended from time to time, as a necessary condition to using the Services.

7. PRICES
Prices for Calgary Handyman With a Toolbox’s Services are as described in the Calgary Handyman With a Toolbox Service Agreement.

8. NO WARRANTIES BY Calgary Handyman With a Toolbox
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, Calgary Handyman With a Toolbox MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ITS PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR ANY SPECIFIC PURPOSE.

9. CONFIDENTIAL INFORMATION
Calgary Handyman With a Toolbox shall use all commercially reasonable efforts to maintain the confidentiality of, and shall not use for purposes unrelated to this Agreement any confidential information or material relating to Client that comes into the possession of Calgary Handyman With a Toolbox in connection with this Agreement. The foregoing shall not apply to information in the public domain or which has been previously obtained by Calgary Handyman With a Toolbox from a third party without breach of any obligation of confidentiality.

10. FORCE MAJEURE
Calgary Handyman With a Toolbox shall not be liable for any delay or non-performance arising from any cause out of its reasonable control, including, without limitation, acts of God, government acts, war, riots, terrorism, civil commotion, industrial disputes, technical failure, communications failure, general availability of the internet, weather, flood, fire or explosion, and natural or local emergencies.

11. ENTIRE AGREEMENT, SEVERABILITY, SUCCESSORS AND ASSIGNS
This Agreement, together with the Policies and a sales contract or other pricing agreement (if any, and including any pricing schedule attached hereto) between Client and Calgary Handyman With a Toolbox, constitute the entire agreement and replaces and supersedes any and all prior written and oral understandings, whether express or implied and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns, but except as otherwise provided in this Section 13, neither this Agreement nor any of the rights, interests or obligations hereunder shall be assignable or transferable by either party without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld, and any such unauthorized assignment or transfer shall be void; provided, however, that either party may assign this Agreement in connection with a merger, acquisition or sale of all or substantially all of its assets or stock. If any term, provision or portion of a term or provision of this Agreement is invalid, illegal, overbroad or incapable of being enforced by any rule of law or public policy, all other terms, provisions, and portions of terms and provisions of this Agreement shall nevertheless remain in full force.

12. JURISDICTION
Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the Services provided by Calgary Handyman With a Toolbox to Client shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Each party to this Agreement hereby irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario. In the event of any litigation to enforce any provision of the Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

CLIENT USE POLICIES
1. General
1.1. Policies. These Policies supplement the Calgary Handyman With a Toolbox Terms of Service and are incorporated as an integral part therein. In the event of a conflict between the Terms of Service and these Policies, the Terms of Service shall govern.
1.2. Account Authentication and Usage. Calgary Handyman With a Toolbox will not activate accounts utilizing a free email service as their primary email address for the account (e.g. Yahoo, Hotmail, Excite, Lycos, etc.). Calgary Handyman With a Toolbox will independently verify the information submitted on the Calgary Handyman With a Toolbox registration application, including company address, phone number(s) and email to ensure that Clients have provided valid account information. For security purposes, Calgary Handyman With a Toolbox may require that the Client provide additional documentation to facilitate account authentication.
1.3. Users. Clients may set up their Calgary Handyman With a Toolbox accounts with Primary Users and/or Secondary Users. Primary Users are able to add and delete other users on the same account, while Secondary Users may not. It is incumbent on Primary Users to exercise good judgment in deciding who to add as additional users on their account. It is also the responsibility of Primary Users to remove other users who should no longer have access to their account (e.g. former employees). All Users will be required to accept the Terms of Use upon initial registration and login.
1.4. Press releases, filings must be uploaded by authorized users via Calgary Handyman With a Toolbox’s secure web site. Users may not send their documents via email.
1.5. Edit Rights. Calgary Handyman With a Toolbox reserves the right to edit Client Materials, if or as necessary, in order to make corrections to the Client Materials (e.g. misspellings) or to ensure that the Client Materials adhere to Calgary Handyman With a Toolbox’s Policies, provided, however, that Calgary Handyman With a Toolbox will not make any substantive edits without first obtaining Client’s consent. Press releases must be provided to Calgary Handyman With a Toolbox entirely in English with no grammatical or spelling errors. Calgary Handyman With a Toolbox’s editorial staff review all press releases before distribution; however, Client remains responsible for the Client Materials submitted to Calgary Handyman With a Toolbox for distribution, including any errors.
1.6. Unsuitable Client Materials. Calgary Handyman With a Toolbox may reject any Client Materials, or require changes to them, if Calgary Handyman With a Toolbox determines, in its sole discretion, that the Client Materials are unsuitable. Unsuitable Client Materials (“Unsuitable Client Materials”) may include, but are not limited to, material which contains sexually explicit materials, promotes violence or illegal activities or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or violates the intellectual property rights of any person or entity. In addition, Calgary Handyman With a Toolbox will reject any Client Materials that promote stock picks, streaming video sites, online pharmaceuticals, or online gambling.
1.7. Changes/Repush Requests. If a Client asks Calgary Handyman With a Toolbox to make a material change to a release that has already been distributed, Calgary Handyman With a Toolbox will require the change to be issued as a correction or repush, as appropriate, to all distribution channels which were sent the original release. Calgary Handyman With a Toolbox reserves the right, in its sole discretion, to determine whether the requested change is material or immaterial.

2. PRESS RELEASE DISTRIBUTION SPECIFIC POLICIES
2.1 Contact Information. All press release Client Materials must contain a contact person or company name and phone number or email indicating the appropriate source of the Client Materials. The source must be someone who is authorized to send releases on behalf of the company in question. The source lends legitimacy to the Client Materials by clearly denoting who is responsible for the Client Materials.
2.2 Attribution. All releases must contain attribution by identifying the news source in the headline. If the release is being distributed through an agency or other company on behalf of a Client, the news source will be the Client name, and the agent should identify how it is connected to the news source, or Client.
2.3 Newsworthy. The press release must be newsworthy, and the news announcement must be clearly stated in the headline.
2.4 Ticker Symbols. All ticker symbols included in any Client Materials for distribution must be for companies that have a direct role or participation in the news being announced (i.e. no “ticker spam”). Even if a ticker symbol is for a company that has a direct role or participation in the news, Calgary Handyman With a Toolbox may require removal of a ticker symbol if it cannot be verified that the Client has permission from the company whose ticker symbol is being used. Client may not include ticker symbols from Client’s competitors or from any other third parties unless Client provides written permission to Calgary Handyman With a Toolbox in advance of submission of the release. In no case may more than four (4) ticker symbols be used in a given release.
2.5 Lawsuits. Releases relating to lawsuits must be newsworthy. To qualify as “newsworthy”, the lawsuit must actually have been filed. A Client may have to provide documentation of the filing or direct Calgary Handyman With a Toolbox to such documentation. Calgary Handyman With a Toolbox will not distribute repetitive instances of essentially the same release. At its sole discretion, Calgary Handyman With a Toolbox will only distribute more than one release on the same lawsuit if there has been a meaningful development that is deemed newsworthy. In addition, Client may only mention one lawsuit per release. It is strongly recommended that the Client use the name of the company (ies) involved in the litigation in the headline.
2.6 Distribution Time. Calgary Handyman With a Toolbox will make every effort to ensure that releases are distributed according to the release times requested by Clients. Under certain circumstances, specifically for releases submitted in foreign languages and for releases that contain numerous tables, Clients should be aware that formatting can take longer than normal. If these releases are sent in without adequate lead time, then there may be delays while the release is being processed.
2.7 Word Counts. For purposes of determining the word count of a release for pricing, the document word count will be calculated after the document has been formatted, including, if necessary, translation, and all tables and other add-ons have been inserted.
2.8 Release Verification. Clients will be required to confirm a randomized security code before any release will be queued for distribution. For our protection as well as that of our Clients, no release will be distributed without first meeting our security standards.
2.9 Bulk Releases. Calgary Handyman With a Toolbox reserves the right to refuse to perform bulk volume press release distribution during a particular time period on the same day. In addition, Calgary Handyman With a Toolbox will not distribute releases which contain the same headline and/or are from the same source company within the same day or within a reasonable period of days after the initial distribution of the release, if it appears, in Calgary Handyman With a Toolbox’s discretion, that the subsequent press releases appear to be part of a bulk or volume distribution. Calgary Handyman With a Toolbox reserves the right to impose a maximum number of releases distributed by a Client in a given week or month if the releases in questions appear to be part of a bulk of volume distribution.
2.10 Corrections. Calgary Handyman With a Toolbox will charge Client a processing fee for each release that needs to be re-distributed as a result of material or non-material changes to the content of the release. Additional charges may apply if the re-distributed release requires translation and/or international retransmission of the corrected release.

4. CASL SPECIFIC POLICIES
Policy:
1. General Principals:

1.1 Sending CEMs

Every person governed by this Policy will be responsible for ensuring they meet prescribed CASL requirements for the sending of CEMs and unsubscribing an electronic address from receiving future CEMs.

All outbound CEMs will:

Have the requisite (implied or express) consent from the recipient;

Identify the Calgary Handyman With a Toolbox department sending the message;

Include requisite Calgary Handyman With a Toolbox contact information; and

Provide an easy method for recipients to opt out of receiving CEMs from that School/Department.

1.2 Sending messages via Social Media platforms

Direct messages via social media[1] may only be sent if the direct message is in response to an inquiry or a question. Additionally, only Handyman With a Toolbox employees or any third parties acting on behalf of Calgary Handyman With a Toolbox who have been specifically authorized to do so may use external Social Media channels to communicate for Humber’s business purposes. Employees should consult their CASL Champion before sending messages via social media.

1.3 Consent

All employees will ensure they have prior implied or express consent to send a CEM to an electronic address, unless the CEM is exempt. Please see the CASL CEM and Consent Procedure for more information on consent requirements and exempt CEMs.

1.4 Messaging Formalities

All CEMs sent by employees (including when using third parties to send CEMs on behalf of Humber) will be sent in accordance with the requirements outlined in the CASL CEM and Consent Procedure.

1.5 Obtaining Express Consent to Send CEMs

Express consent must detail:

The purpose for which the consent is being sought;

The Calgary Handyman With a Toolbox School/Department requesting consent;

The contact information of the Calgary Handyman With a Toolbox CASL Champion/contact; and

A statement that consent can be withdrawn at any time.

Please see the CASL CEM and Consent Procedure for more information and sample templates on how to obtain express consent.

1.6 Documenting and Storing Consent

Real-time verbal consent (i.e., express consent obtained orally) and written proofs of consent must be stored by each School/Department’s CASL Champion (e.g. in spreadsheet form) for a minimum of three (3) years.

1.7 Checking for Unsubscribe

Employees will verify and respect the unsubscribe status of electronic addresses before sending any CEMs.

1.8 Honouring Unsubscribe Requests

Unsubscribe requests must be honoured within ten (10) business days of receipt and electronic mail lists must be updated accordingly.

1.9 Emails to Foreign Countries

When sending CEMs to recipients outside of Canada, Calgary Handyman With a Toolbox will comply with the requirements of CASL.

1.10 Third Party Referrals

Initial third party referral messages may be sent without consent, following a third party referral (in accordance with the CASL CEM and Consent Procedure).

2. Vendor Management:

The Office of the Associate Vice President, Administrative Services will review, as necessary, applicable vendor and third-party contracts or other related documents that include CASL-related language.

See the Vendor Management Guideline for further information.

3. Employee Training and Awareness:

The Department Head of each individual School/Department is responsible for ensuring that employees in the respective Schools/Departments receive CASL awareness training and that a CASL Champion is designated and trained within their School/Department.

CASL Champions are expected to undergo CASL training and act as first point of contact for CASL-related questions in their respective Departments/Schools. CASL Champions will be provided refresher training on an annual basis. Employees will be provided training regarding CASL as appropriate upon hiring and on an ongoing basis as needed.

The Office of the Associate Vice President, Administrative Services will be responsible for keeping the list of CASL Champions and refreshing it annually, reviewing this policy annually, sending communications through Communique, and making training available to employees.

4. Monitoring and Control:

The Office of the Associate Vice President, Administrative Services is responsible for monitoring overall compliance with this Policy. The Department Head of each individual School/Department is responsible for ensuring that their respective school/department is complying with CASL.

5. Exception Management:

Departures from this Policy require prior written approval from the Associate Vice-President, Administrative Services and will be reviewed with specific regard to assessing the impact to Calgary Handyman With a Toolbox and consistency with applicable legal requirements. All exceptions will be documented and retained for audit purposes.
[1] “Direct messages” sent via social media are sent directly to individuals at an electronic address, as opposed to “indirect messages”, which include blog posts on micro blogging and social media sites (that are not posted to an electronic address) such as LinkedIn, Facebook.

References:
BLG CASL Toolkit for Colleges Ontario

Related Procedures:

Terms of Service Agreement: Canada
PLEASE READ! http://calgaryhandyman.withatoolbox.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF http://calgaryhandyman.withatoolbox.com ARE REQUIRED CONSIDERATIONS FOR http://calgaryhandyman.withatoolbox.com GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH http://calgaryhandyman.withatoolbox.com OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF http://calgaryhandyman.withatoolbox.com

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO http://calgaryhandyman.withatoolbox.com. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH http://calgaryhandyman.withatoolbox.com OR ITS CONTENTS IN ANY MANNER. http://calgaryhandyman.withatoolbox.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

http://calgaryhandyman.withatoolbox.com RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, http://calgaryhandyman.withatoolbox.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW http://calgaryhandyman.withatoolbox.com, TO KEEP THEMSELVES INFORMED OF CHANGES.

1. DEFINITIONS
“Calgary Handyman With a Toolbox” means “Client” means the party utilizing Calgary Handyman With a Toolbox’s services. “Agreement” means this Terms of Service Agreement. “Content” means all information and materials submitted by Client to Calgary Handyman With a Toolbox. “Service” or “Services” means any and all services provided to Client by Calgary Handyman With a Toolbox. “Partner” or “Partners” means a third party that has a joint venture, marketing or similar relationship with Calgary Handyman With a Toolbox; a third party who broadcasts, displays or distributes the Content with the permission of Calgary Handyman With a Toolbox; and any third party who otherwise uses the Content with Calgary Handyman With a Toolbox’s permission.

2. PAYMENT TERMS
Clients must pay for Services by credit card at the time the service is completed or, with approved credit, may be invoiced. Unless otherwise specified, all invoices of Calgary Handyman With a Toolbox are due upon receipt. In addition to the amounts due, Calgary Handyman With a Toolbox may charge interest on overdue amounts at the lesser of 18% per annum or the maximum rate permitted by law, as well as any costs of collection, including reasonable legal fees and costs. Calgary Handyman With a Toolbox may, at its sole election, suspend performance of any further Services until such time as all payments due are paid.

3. REPRESENTATIONS, WARRANTIES AND COVENANTS
Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to Calgary Handyman With a Toolbox. Calgary Handyman With a Toolbox reserves the right to reject copy when necessary in its judgment.

Client represents and warrants to Calgary Handyman With a Toolbox that it has the right and is authorized to submit the Content to Calgary Handyman With a Toolbox for distribution, broadcasting and/or filing; that the Content is true and accurate; that the Client is not impersonating any person or entity or misrepresenting Client ’s affiliation with any person or entity; that the Content complies with all applicable laws and regulations; that the Content will not violate or infringe upon any copyright, trademark, or service mark rights, any other property rights, privacy rights, non-solicitation rights, intellectual property rights, confidentiality rights or other proprietary or contractual rights of any person or entity; that the Content does not contain any information which is libelous, defames or slanders any person or entity, which violates the intellectual property or confidentiality rights of any person or entity; and that Client has investigated the desirability of utilizing Calgary Handyman With a Toolbox’s services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on Calgary Handyman With a Toolbox’s web site, “CalgaryHandyman@ofalberta.ca”.

4. INDEMNIFICATION AND LIMITATION OF LIABILITY
In the event any third party brings any action, arbitration, or other legal proceeding (collectively, “legal proceeding”) against Calgary Handyman With a Toolbox, its officers, directors, shareholders, agents, employees or other representatives of Calgary Handyman With a Toolbox, or against any Partner (collectively hereinafter referred to as “the Indemnified Parties”), Client shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, actions, suits, proceedings, liabilities, obligations, losses and damages, amounts paid in settlement, interest, costs and expenses (including reasonable attorneys’ fees, court costs and other out-of-pocket expenses incurred in investigating, preparing or defending the foregoing) (collectively, “Losses”) incurred or suffered by any Indemnified Party to the extent that the Losses arise by reason of, or relate to, this Agreement or any breach of any representation, warranty or covenant of Client contained in this Agreement, or the Services provided to Client.

Neither Calgary Handyman With a Toolbox, its affiliates nor Partners shall be liable in any way for indirect, incidental, consequential, special or exemplary damages, punitive damages or penalties (even if Calgary Handyman With a Toolbox has been advised of the possibility of such damages or penalties), arising out of this Agreement, including but not limited to, loss of revenue, change in share price, loss of anticipated profits or lost business. This limitation of liability applies to any damages or penalties, including without limitation those caused by any failure of performance, error, omission, interruption, delay in operation or transmission, whether for breach of contract, tortious conduct, acts or omissions, negligence, or under any other claim or cause of action.

ANY LIABILITY OF Calgary Handyman With a Toolbox, ITS AFFILIATES AND PARTNERS IN CONNECTION WITH, OR FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, SHALL BE STRICTLY LIMITED TO THE APPLICABLE AMOUNT (IF ANY) ACTUALLY PAID BY OR ON BEHALF OF CLIENT TO Calgary Handyman With a Toolbox.

5. LICENSE
Client hereby grants Calgary Handyman With a Toolbox a non-exclusive, royalty-free, sub-licensable, irrevocable, transferable and assignable license to store, display, reproduce, distribute and, if appropriate, translate the Content submitted to Calgary Handyman With a Toolbox. Client also grants Calgary Handyman With a Toolbox the right to mention Client’s name in Calgary Handyman With a Toolbox’s marketing materials, unless Client requests in writing that Calgary Handyman With a Toolbox refrain from such mentions.

All intellectual property rights in, and ownership of, all materials provided by Client and any materials developed by Calgary Handyman With a Toolbox in connection with its performance of the Services shall be and shall remain the exclusive property of Client. Calgary Handyman With a Toolbox may use such materials solely for the purpose of performing the Service.

6. POLICIES
Calgary Handyman With a Toolbox maintains a set of policies (see “Client Use Policies” attached) governing the allowable usage of its Services. Client agrees to adhere to the Policies, as amended from time to time, as a necessary condition to using the Services.

7. PRICES
Prices for Calgary Handyman With a Toolbox’s Services are as described in the Calgary Handyman With a Toolbox Service Agreement.

8. NO WARRANTIES BY Calgary Handyman With a Toolbox
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, Calgary Handyman With a Toolbox MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ITS PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR ANY SPECIFIC PURPOSE.

9. CONFIDENTIAL INFORMATION
Calgary Handyman With a Toolbox shall use all commercially reasonable efforts to maintain the confidentiality of, and shall not use for purposes unrelated to this Agreement any confidential information or material relating to Client that comes into the possession of Calgary Handyman With a Toolbox in connection with this Agreement. The foregoing shall not apply to information in the public domain or which has been previously obtained by Calgary Handyman With a Toolbox from a third party without breach of any obligation of confidentiality.

10. FORCE MAJEURE
Calgary Handyman With a Toolbox shall not be liable for any delay or non-performance arising from any cause out of its reasonable control, including, without limitation, acts of God, government acts, war, riots, terrorism, civil commotion, industrial disputes, technical failure, communications failure, general availability of the internet, weather, flood, fire or explosion, and natural or local emergencies.

11. ENTIRE AGREEMENT, SEVERABILITY, SUCCESSORS AND ASSIGNS
This Agreement, together with the Policies and a sales contract or other pricing agreement (if any, and including any pricing schedule attached hereto) between Client and Calgary Handyman With a Toolbox, constitute the entire agreement and replaces and supersedes any and all prior written and oral understandings, whether express or implied and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns, but except as otherwise provided in this Section 13, neither this Agreement nor any of the rights, interests or obligations hereunder shall be assignable or transferable by either party without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld, and any such unauthorized assignment or transfer shall be void; provided, however, that either party may assign this Agreement in connection with a merger, acquisition or sale of all or substantially all of its assets or stock. If any term, provision or portion of a term or provision of this Agreement is invalid, illegal, overbroad or incapable of being enforced by any rule of law or public policy, all other terms, provisions, and portions of terms and provisions of this Agreement shall nevertheless remain in full force.

12. JURISDICTION
Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the Services provided by Calgary Handyman With a Toolbox to Client shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Each party to this Agreement hereby irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario. In the event of any litigation to enforce any provision of the Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

CLIENT USE POLICIES
1. General
1.1. Policies. These Policies supplement the Calgary Handyman With a Toolbox Terms of Service and are incorporated as an integral part therein. In the event of a conflict between the Terms of Service and these Policies, the Terms of Service shall govern.
1.2. Account Authentication and Usage. Calgary Handyman With a Toolbox will not activate accounts utilizing a free email service as their primary email address for the account (e.g. Yahoo, Hotmail, Excite, Lycos, etc.). Calgary Handyman With a Toolbox will independently verify the information submitted on the Calgary Handyman With a Toolbox registration application, including company address, phone number(s) and email to ensure that Clients have provided valid account information. For security purposes, Calgary Handyman With a Toolbox may require that the Client provide additional documentation to facilitate account authentication.
1.3. Users. Clients may set up their Calgary Handyman With a Toolbox accounts with Primary Users and/or Secondary Users. Primary Users are able to add and delete other users on the same account, while Secondary Users may not. It is incumbent on Primary Users to exercise good judgment in deciding who to add as additional users on their account. It is also the responsibility of Primary Users to remove other users who should no longer have access to their account (e.g. former employees). All Users will be required to accept the Terms of Use upon initial registration and login.
1.4. Press releases, filings must be uploaded by authorized users via Calgary Handyman With a Toolbox’s secure web site. Users may not send their documents via email.
1.5. Edit Rights. Calgary Handyman With a Toolbox reserves the right to edit Client Materials, if or as necessary, in order to make corrections to the Client Materials (e.g. misspellings) or to ensure that the Client Materials adhere to Calgary Handyman With a Toolbox’s Policies, provided, however, that Calgary Handyman With a Toolbox will not make any substantive edits without first obtaining Client’s consent. Press releases must be provided to Calgary Handyman With a Toolbox entirely in English with no grammatical or spelling errors. Calgary Handyman With a Toolbox’s editorial staff review all press releases before distribution; however, Client remains responsible for the Client Materials submitted to Calgary Handyman With a Toolbox for distribution, including any errors.
1.6. Unsuitable Client Materials. Calgary Handyman With a Toolbox may reject any Client Materials, or require changes to them, if Calgary Handyman With a Toolbox determines, in its sole discretion, that the Client Materials are unsuitable. Unsuitable Client Materials (“Unsuitable Client Materials”) may include, but are not limited to, material which contains sexually explicit materials, promotes violence or illegal activities or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or violates the intellectual property rights of any person or entity. In addition, Calgary Handyman With a Toolbox will reject any Client Materials that promote stock picks, streaming video sites, online pharmaceuticals, or online gambling.
1.7. Changes/Repush Requests. If a Client asks Calgary Handyman With a Toolbox to make a material change to a release that has already been distributed, Calgary Handyman With a Toolbox will require the change to be issued as a correction or repush, as appropriate, to all distribution channels which were sent the original release. Calgary Handyman With a Toolbox reserves the right, in its sole discretion, to determine whether the requested change is material or immaterial.

2. PRESS RELEASE DISTRIBUTION SPECIFIC POLICIES
2.1 Contact Information. All press release Client Materials must contain a contact person or company name and phone number or email indicating the appropriate source of the Client Materials. The source must be someone who is authorized to send releases on behalf of the company in question. The source lends legitimacy to the Client Materials by clearly denoting who is responsible for the Client Materials.
2.2 Attribution. All releases must contain attribution by identifying the news source in the headline. If the release is being distributed through an agency or other company on behalf of a Client, the news source will be the Client name, and the agent should identify how it is connected to the news source, or Client.
2.3 Newsworthy. The press release must be newsworthy, and the news announcement must be clearly stated in the headline.
2.4 Ticker Symbols. All ticker symbols included in any Client Materials for distribution must be for companies that have a direct role or participation in the news being announced (i.e. no “ticker spam”). Even if a ticker symbol is for a company that has a direct role or participation in the news, Calgary Handyman With a Toolbox may require removal of a ticker symbol if it cannot be verified that the Client has permission from the company whose ticker symbol is being used. Client may not include ticker symbols from Client’s competitors or from any other third parties unless Client provides written permission to Calgary Handyman With a Toolbox in advance of submission of the release. In no case may more than four (4) ticker symbols be used in a given release.
2.5 Lawsuits. Releases relating to lawsuits must be newsworthy. To qualify as “newsworthy”, the lawsuit must actually have been filed. A Client may have to provide documentation of the filing or direct Calgary Handyman With a Toolbox to such documentation. Calgary Handyman With a Toolbox will not distribute repetitive instances of essentially the same release. At its sole discretion, Calgary Handyman With a Toolbox will only distribute more than one release on the same lawsuit if there has been a meaningful development that is deemed newsworthy. In addition, Client may only mention one lawsuit per release. It is strongly recommended that the Client use the name of the company (ies) involved in the litigation in the headline.
2.6 Distribution Time. Calgary Handyman With a Toolbox will make every effort to ensure that releases are distributed according to the release times requested by Clients. Under certain circumstances, specifically for releases submitted in foreign languages and for releases that contain numerous tables, Clients should be aware that formatting can take longer than normal. If these releases are sent in without adequate lead time, then there may be delays while the release is being processed.
2.7 Word Counts. For purposes of determining the word count of a release for pricing, the document word count will be calculated after the document has been formatted, including, if necessary, translation, and all tables and other add-ons have been inserted.
2.8 Release Verification. Clients will be required to confirm a randomized security code before any release will be queued for distribution. For our protection as well as that of our Clients, no release will be distributed without first meeting our security standards.
2.9 Bulk Releases. Calgary Handyman With a Toolbox reserves the right to refuse to perform bulk volume press release distribution during a particular time period on the same day. In addition, Calgary Handyman With a Toolbox will not distribute releases which contain the same headline and/or are from the same source company within the same day or within a reasonable period of days after the initial distribution of the release, if it appears, in Calgary Handyman With a Toolbox’s discretion, that the subsequent press releases appear to be part of a bulk or volume distribution. Calgary Handyman With a Toolbox reserves the right to impose a maximum number of releases distributed by a Client in a given week or month if the releases in questions appear to be part of a bulk of volume distribution.
2.10 Corrections. Calgary Handyman With a Toolbox will charge Client a processing fee for each release that needs to be re-distributed as a result of material or non-material changes to the content of the release. Additional charges may apply if the re-distributed release requires translation and/or international retransmission of the corrected release.

4. CASL SPECIFIC POLICIES
Policy:
1. General Principals:

1.1 Sending CEMs

Every person governed by this Policy will be responsible for ensuring they meet prescribed CASL requirements for the sending of CEMs and unsubscribing an electronic address from receiving future CEMs.

All outbound CEMs will:

Have the requisite (implied or express) consent from the recipient;

Identify the Calgary Handyman With a Toolbox department sending the message;

Include requisite Calgary Handyman With a Toolbox contact information; and

Provide an easy method for recipients to opt out of receiving CEMs from that Department.

1.2 Sending messages via Social Media platforms

Direct messages via social media[1] may only be sent if the direct message is in response to an inquiry or a question. Additionally, only Handyman With a Toolbox employees or any third parties acting on behalf of Calgary Handyman With a Toolbox who have been specifically authorized to do so may use external Social Media channels to communicate for Humber’s business purposes. Employees should consult their CASL Champion before sending messages via social media.

1.3 Consent

All employees will ensure they have prior implied or express consent to send a CEM to an electronic address, unless the CEM is exempt. Please see the CASL CEM and Consent Procedure for more information on consent requirements and exempt CEMs.

1.4 Messaging Formalities

All CEMs sent by employees (including when using third parties to send CEMs on behalf of Calgary Handyman With a Toolbox) will be sent in accordance with the requirements outlined in the CASL CEM and Consent Procedure.

1.5 Obtaining Express Consent to Send CEMs

Express consent must detail:

The purpose for which the consent is being sought;

The Calgary Handyman With a Toolbox Department requesting consent;

The contact information of the Calgary Handyman With a Toolbox CASL Champion/contact; and

A statement that consent can be withdrawn at any time.

Please see the CASL CEM and Consent Procedure for more information and sample templates on how to obtain express consent.

1.6 Documenting and Storing Consent

Real-time verbal consent (i.e., express consent obtained orally) and written proofs of consent must be stored by each Department’s CASL Champion (e.g. in spreadsheet form) for a minimum of three (3) years.

1.7 Checking for Unsubscribe

Employees will verify and respect the unsubscribe status of electronic addresses before sending any CEMs.

1.8 Honouring Unsubscribe Requests

Unsubscribe requests must be honoured within ten (10) business days of receipt and electronic mail lists must be updated accordingly.

1.9 Emails to Foreign Countries

When sending CEMs to recipients outside of Canada, Calgary Handyman With a Toolbox will comply with the requirements of CASL.

1.10 Third Party Referrals

Initial third party referral messages may be sent without consent, following a third party referral (in accordance with the CASL CEM and Consent Procedure).

2. Vendor Management:

The Office of the Associate Vice President, Administrative Services will review, as necessary, applicable vendor and third-party contracts or other related documents that include CASL-related language.

See the Vendor Management Guideline for further information.

3. Employee Training and Awareness:

The Manager of each individual Department is responsible for ensuring that employees in the respective Departments receive CASL awareness training and that a CASL Champion is designated and trained within their Department.

CASL Champions are expected to undergo CASL training and act as first point of contact for CASL-related questions in their respective Departments. CASL Champions will be provided refresher training on an annual basis. Employees will be provided training regarding CASL as appropriate upon hiring and on an ongoing basis as needed.

The Office of the Associate Vice President, Administrative Services will be responsible for keeping the list of CASL Champions and refreshing it annually, reviewing this policy annually, sending communications through Communique, and making training available to employees.

4. Monitoring and Control:

The Office of the Associate Vice President, Administrative Services is responsible for monitoring overall compliance with this Policy. The Department Head of each individual School/Department is responsible for ensuring that their respective school/department is complying with CASL.

5. Exception Management:

Departures from this Policy require prior written approval from the Associate Vice-President, Administrative Services and will be reviewed with specific regard to assessing the impact to Calgary Handyman With a Toolbox and consistency with applicable legal requirements. All exceptions will be documented and retained for audit purposes.
[1] “Direct messages” sent via social media are sent directly to individuals at an electronic address, as opposed to “indirect messages”, which include blog posts on micro blogging and social media sites (that are not posted to an electronic address) such as LinkedIn, Facebook.

Under no circumstances is Express or Explicit consent to be assumed without prior written approval from Calgary Handyman With a Toolbox(or is related companies) to send Calgary Handyman With a Toolbox CEMs.

CONTACT INFORMATION

Mailing address:
Calgary Handyman With a Toolbox
Suite 244 440 10816 MacLeod Tr SE
Calgary, AB T2J 5N8
Canada

Contact Email: termsandconditions@calgaryhandyman.withatoolbox.com, All Rights Reserved.

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