Terms of Use

Starling Community Services Terms of Use

Effective June 26, 2023

By accessing and using this website (www.starlingcs.ca) (the “Site”), you agree to the terms of use (“TOU”) set out below. The Site is a service offered by Starling Community Services (the “Company”, “us”, “we”, “our”). The Organization reserves the right at any time and from time to time to modify, edit, and update this TOU and any of its policies without notice. You should regularly check for updates to the TOU. Your access to use of the Site on and after the date on which the Organization posts any revised TOU constitutes your acceptance of the TOU as revised as well as any revised policies.

The Site provides access for individuals to browse, search and download content, and to participate in webinars and job boards. By accessing and/or using the Site you acknowledge that you have read, understand and agree to comply with the TOU, the Organization’s policies including the Privacy Policy available at: www.starlingcs.ca/overview/legal/privacy-policy (the “Privacy Policy”), and all applicable laws. Before using the Site, please carefully review the Privacy Policy. All information provided to us as a result of your use of the Site will be handled in accordance with the Privacy Policy.

The information contained in the Site is provided for educational and informational purposes only and should not be considered health advice, diagnosis, or treatment. Please contact your health care provider to discuss your health needs and, call 911 for all health emergencies.

The Organization and contributing partners to the Site do not assume any liability for the use of any information published on the Site. The information is supplied in its original format. The Organization assumes no responsibility to the user or any third party for the consequences of any errors or omissions. Certain portions of the information may have been contributed by other persons and should not be assumed to have been reviewed or endorsed by the Organization. The mention of specific products or services on the Site does not constitute or imply a recommendation or endorsement by the Organization, unless explicitly stated.

No Medical Advice

The information, content and materials available on the Site are provided for informational and educational purposes only, and are not intended to provide specific advice, including any health or legal advice. This website does not replace regular medical examinations by a doctor or other health care professional. You should always consult with a doctor regarding your own personal health circumstances and that of any child or youth under your care. You should never disregard, avoid or delay obtaining advice from your doctor or other health care provider for you or any child or youth under your care because of any content of the Site. If you have a medical problem or condition or suspect that you or any child or youth under your care has a medical problem or condition, you should contact a qualified health care professional. In the case of an emergency you should call for emergency medical help immediately.

THE INFORMATION IN THIS WEBSITE DOES NOT CREATE ANY HEALTHCARE PROVIDER / PATIENT RELATIONSHIP BETWEEN YOU OR THE ORGANIZATION OR BETWEEN ANY CHILD OR YOUTH AND THE ORGANIZATION. NO ADVICE OR INFORMATION OF ANY KIND, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CONTENT OF THE WEBSITE SHALL CREATE ANY WARRANTY.

Restrictions

Except as expressly provided herein, the Organization does not grant any other express or implied right to you or any other person. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you shall not, nor shall you permit any third party or person to disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Organization for use of the Site.

Privacy Policy

You understand, acknowledge, and agree that the operation of certain areas of the Site may require or involve the collection, use, and disclosure of various personally identifiable information (personal information). Please see the Privacy Policy (at www.starlingcs.ca/overview/legal/privacy-policy) for a summary of how your personal information is collected, used and disclosed and how your personal information is safeguarded by the Organization. Any information submitted by you through the Site will be pursuant to the Privacy Policy (and any related disclosure(s)) and include a right and license from you to allow the Organization to use such information in accordance therewith. The Organization reserves the right at any time and from time to time to modify, edit and update the Privacy Policy without notice. You should regularly check for updates to the Privacy Policy. By agreeing to this TOU you are also agreeing to the Privacy Policy and all revised versions thereof.

Termination of the Site or Website Links

The Organization reserves the right to terminate or modify, in any manner, the Site, and/or any website link therein at any time for any reason. Links to other websites incorporated in the Site are provided as a reference to help you identify and locate other internet resources that may be of interest. Website links in the Site and the websites accessible via such links are independently developed by other parties and we do not assume responsibility for the accuracy, completeness, timeliness, or appropriateness of the information contained. Use of any website links provided as a reference or internet resource in the Site is at your own risk and is subject to the terms of use of those websites. The existence of a link to or from any organisation’s website does not imply that the Organization endorses the activities or views of that organisation.

Use of Materials featured in the Public Section of the Site

Use of materials featured in the Site do not create or imply any contractual liability on the part of the Organization, or any of their partners, members, contributors, organizers, or other users. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) license and permission is granted to download, copy, distribute and transmit materials under its terms unless otherwise noted. A copy of this license can be found at: https://creativecommons.org/licenses/by-nc-nd/4.0/.

Prohibited Uses – Public Section

You agree that the following restrictions apply:

All content of the Site must be reproduced in its entirety, without modification, or exclusions and in accordance with the applicable Creative Commons license.
Reproductions must include all references to authors, any copyright information, the Site address (www.starlingcs.ca) and/or the Organization.
There must be no charge for the provision of any reproductions of content.

Prohibited Uses of the Site

You agree that the following restrictions apply to use of the Site and all content thereof generally:

You will not use the Site to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any Ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the Site without that person’s knowledge or consent;
You will not post any content or Submissions, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify a child, or any child or other person’s present or future location, that contain language that is otherwise deemed offensive by the Organization, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
You will not use the Site in any manner that promotes and/or enables illegal or unlawful activities;
You will not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Organization or their licensors or allow any third-party to access the content;
You will not use the Site other than for its intended purpose, or in any manner not expressly permitted in this TOU;
You will not transmit, disclose, collect or store personal information about others; or
You will not attempt to defeat any security measures that we take to protect the Site.

You agree that such unauthorized use is a material breach of these terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

Account

Employers will be required to register to use the Job Board section of the Site. Each registration is for a single user only, unless otherwise expressly agreed upon by the Organization. Registration for use of the Site may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by the Organization in their sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of the Organization, which may be withheld in their sole discretion. You shall immediately notify the Organization if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. The Organization will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.

Content

The Organization will not be responsible for any damages you or any third-party may suffer as a result of the submission, transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Organization to make, or for any errors or any changes made to any submitted, transmitted, stored or received information. You are solely responsible for the use of the content of the Site. You should apply your own judgment in making any use of any content, including, without limitation, the use of the information as the basis for any conclusions.

THE ORGANIZATION ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE WEBSITE. THE CONTENT ON THE WEBSITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE ORGANIZATION IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE ORGANIZATION DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Confidentiality & Security

THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE SITE OR ON THE INTERNET, OR SUBMISSIONS TO THE SITE OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE ORGANIZATION ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION, SUBMISSIONS, OR PERSONAL INFORMATION

Compliance with Investigations

The Organization will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.

Representations and Warranties

With respect to the Submission(s), you acknowledge and agree that you are solely responsible for rights clearance and accuracy, and you hereby represent and warrant that you own all rights, title, and interest in the Submission(s) or have the full right, power and authority to grant the rights granted herein, free and clear of any claims, liens, encumbrances, or violations of any other agreement. You also represent and warrant that you are not aware of any investigation, claim, or litigation involving the Submission(s); the Submission(s) does not violate or infringe the rights of any other party (or person) or the laws or regulations of any government or judicial authority; and the Submission(s) is accurate to the best of your knowledge.

Indemnity

You agree at all times to indemnify, defend and hold harmless the Organization, including their agents, affiliates, directors, officers, employees, third parties engaged by the Organization and third parties that assist the Organization, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Organization directly or indirectly in respect of: (i) any information, Submissions, or any other content you provide on or through the Site or which is sent to the Organization by email or other correspondence, or any activities you engage in through the Site in any capacity; (ii) any third party claims or other claims whatsoever, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Submissions or any other content you provide on or through the Site, or any activity or omission relating to the Site by you; (iii) your use or misuse of the Submissions or any other content, or the Site; or (iv) any breach by you of any terms of this TOU or any negligence or wilful misconduct whether by action or omission.

Disclaimer

THE ORGANIZATION HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE. MOREOVER, THE ORGANIZATION EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY PROVIDED CONTENT, MATERIALS, LINKS, WEBSITES, NETWORKS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE WEBSITE, AND YOU AGREE THAT THE ORGANIZATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.

Limitation of Liability

THE ORGANIZATION SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE ORGANIZATION’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ORGANIZATION BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR FOR ANY INFORMATION, NETWORK, PRODUCT, SERVICES OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF THE ORGANIZATION FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED $100.00.

Intellectual Property/Copyright

All rights, titles, and interests in and to the Site are owned or licensed by the Organization. The Site or elements thereof are protected by copyright law and other intellectual property laws. All other copyrights, trademarks, and proprietary rights remain with their original holder. The Organization holds intellectual property rights in their own trademarks and other intellectual property created by or for the Organization or otherwise owned by the Organization in the Site. In any situation where the official printed publications differ from the text contained in the Site, the official printed documents take precedence.

Injunctive Relief

You acknowledge that any breach, whether threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of the Organization’s proprietary rights or assets, will cause irreparable injury to the Organization, such injury would not be quantifiable in monetary damages, and the Organization would not have an adequate remedy at law. You therefore agree that the Organization shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that the Organization post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the Organization to enforce any provision of this TOU.

Term & Termination

This TOU will take effect (or re-take effect) at the moment you access or use the Site, whichever is earliest. The Organization reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or others, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice and may impact (and prohibit) submission of any information and Submissions. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning the Organization’s proprietary rights, Submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason, as will any other provision that by its nature survives termination.

Governing Law

This TOU has been made in and will be construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada therein.

Entire Agreement

This TOU set forth the entire understanding and agreement between us and you with respect to your use of the Site. This TOU shall inure to the benefit of and be binding upon each of the Organization and you, and the Organization’s and your respective successors and permitted assigns. You acknowledge having read this TOU before accepting it and having the authority to accept this TOU.