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Terms of use

Husky Injection Molding System Ltd., including its affiliates (collectively “Husky”, "we", "us" or "our") welcomes you to Husky University.

These terms of use (the “Terms of Use”) govern your access to and use, of the Husky University platform, “Eurekos” (the “Platform”) and the features and content provided to you ("you" or "your").

Please read these Terms of Use carefully before using the Platform.

  • These Terms of Use apply to all users of the Platform. If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Use and you agree to be bound by these Terms of Use on behalf of such organization.
  • Agreeing to use the Platform by clicking "Sign up" constitutes your acceptance and agreement to be bound by these Terms of Use, and all other operating rules, policies and procedures that may be published from time to time on the Platform by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you.
  • By using the Platform, you also acknowledge having reviewed our privacy policy found at the foot of each Husky University page (“Privacy Policy”)  and agree to be bound by its terms.
  • If you do not agree to the Terms of Use or the Privacy Policy you must not access or use the Platform.

We reserve the right, at any time and from time to time, to amend or to modify these Terms of Use without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Use, we will notify you by posting an announcement through the Platform. Amendments and modifications shall take effect immediately when posted. By continuing to access or use the Platform after any such amendments or modifications is notified, you agree to be bound by such amended or modified Terms of Use.

For this reason, we encourage you to review the Terms of Use whenever you use the Platform. If you do not agree to any change to these Terms of Use, then you must immediately stop using the Platform.

SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE PLATFORM AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.

1.            ELIGIBILITY & REGISTRATION

1.1         The Platform is not targeted towards, nor intended for use by, individuals under the age of 18. By using the Platform, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Platform. We may, in our sole discretion, refuse to offer access to the Platform to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you. The right to access the Platform is revoked where these Terms of Use or use of the Platform is prohibited by any applicable law, rule or regulation. Further, the Platform is offered only for your use, and not for the use or benefit of any third party.

1.2         To sign up for the Platform, you must register for an account on the Platform (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's user account or registration information for the Platform without permission. You must notify us immediately of any change in your eligibility to use the Platform (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information regarding your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a username or password of another person. You agree to notify us promptly of any unauthorized use of your Account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Use and shall constitute grounds for immediate termination of your Account. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.

2.            CONTENT

2.1         For purposes of these Terms of Use, the term "Content" includes, without limitation, information, materials, data, articles, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

2.2         All Content added, created, uploaded, submitted, distributed, or posted to the Platform by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you shall not:

  • (a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • (b) In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.
  • (c)  Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
  • (d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
  • (e) Involve, provide, or contribute any false, inaccurate, or misleading information.
  • (f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the present Terms of Use.
  • (g) Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • (h) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  • (i) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability.
  • (j) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  • (k) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • (l) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

2.3         All User Content that is added, created, uploaded, submitted, distributed, or posted to the Platform by you will not be subject to any confidentiality by us. By providing any User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any such User Content.

2.4         By submitting User Content, you declare and warrant that you own or have the necessary rights to submit such User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to such User Content and comply with these Terms of Use. You represent and warrant that all such User Content complies with applicable laws and regulations and the User Content and Content standards set out in these Terms of Use.

2.5         You understand and agree that you, are fully responsible for any User Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Platform.

2.6         You acknowledge that use of all Content, including User Content, accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Platform is or will continue to be accurate. All User Content posted by you constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

2.7         The Platform may contain Content specifically provided by us, our partners or our users and such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Platform. Furthermore, you understand and agree that the Platform, features, functionality, and the Content specifically provided by us and our partners including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

2.8         The “Husky University” and “Eurekos” names, logos and all related names, logos, product and service names, designs, images, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

2.9         Subject to these Terms of Use, we grant you a worldwide, non- exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Platform and for educational and non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Platform is expressly prohibited without prior written permission from us. You shall not sell, license, rent, compile for an internal database, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit and of the Content, in any form or medium whatsoever, except:  a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads. Use or exploitation of any Content for commercial use or in any way that violates any third party right or these Terms of Use is explicitly prohibited.

2.10       We have the right, without provision of notice to:

  • (a) Remove or refuse to post on the Platform any User Content for any or no reason in our sole discretion.
  • (b) At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms of Use.
  • (c) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
  • (d) Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD US HARMLESS AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party, subject to applicable laws.

3.            RULES OF CONDUCT

3.1         You must not to use the Platform for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Platform and the activity of any sub-user that uses your access code or Account.

3.2         You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); (iv) run any form of auto-responder or "spam" on the Platform; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; (vi) harvest or scrape any Content from the Platform;

3.3         You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Platform, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

3.4         You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Platform owner's ability to monitor the Platform activities; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.

3.5         We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

3.6         The enumeration of violations in this Section 3 of these Terms of Use is not meant to be exclusive, and we provide notice hereby that we will exercise authority to take whatever action is necessary to protect the Platform, the users, and third parties from acts that would be inimical to the purposes of this Section 3 of these Terms of Use.

3.7         In using the Platform, you must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation those laws forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) unlawful sending of commercial electronic messages or other marketing or electronic communications, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (g) false advertising, propagating or profiting from frauds and unfair schemes.

3.8         You may not use the Platform to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojan horses, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) other actions which we reserve the sole right to determine to be malicious in intent.

3.9         You shall immediately notify us if and when you learn of any security breaches regarding the Platform, and you shall aid in any investigation or legal action that is taken by authorities and/or us to cure the security breach.

4.            THIRD PARTY SERVICES

4.1         The Platform may permit you to link to other websites, Platform or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.

5.            LIMITATION OF LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF EQUIPMENT AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

6.            BACKUP

6.1         You are solely responsible for the preservation of your data which you save onto the Platform (the "Data"). WE SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. WE SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF YOUR FAILURE TO BACKUP YOUR DATA OR FOR ANY OTHER REASON.

7.            INDEMNIFICATION

7.1         You agree to indemnify and hold us harmless from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the Platform, any materials downloaded or uploaded through the Platform (including User Content), any actions taken by you in connection with your use of the Platform, any violation of any third party's rights or an violation of law or regulation, or any breach of these Terms of Use. This Section will not be construed to limit or exclude any other claims or remedies that We may assert under these Terms of Use or by law.

8.            TERMINATION AND ACCESS

8.1         We reserve the right, in our sole discretion, to terminate your access to all or any part of the Platform at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Use or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account. We may provide prior notice of the intent to terminate your subscription to the Platform if such notice will not, in our discretion, run counter to the intents and purposes of these Terms of Use. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to us before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as our costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to you by these Terms of Use will immediately be terminated, and you shall promptly discontinue all use of the Platform. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content granted to us, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.            CHOICE OF LAW

9.1         The validity, interpretation and enforceability of these Terms shall be governed by the laws of the Province of Ontario and the Courts of Ontario will have exclusive jurisdiction to hear any disputes arising under these Terms.

10.         MISCELLANEOUS PROVISIONS

10.1       Neither you, nor we shall be liable for non-performance of these Terms of Use to the extent that either you or we are prevented from performing as a result of any act or event which occurs and is beyond your or our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond our reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.

10.2       By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such personal information and User Content submissions in compliance with our Privacy Policy.

10.3       These Terms of Use, including all related agreements and policies incorporated by reference herein, constitute the entire agreement between you and us related to the use of the Platform. The failure of Husky to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation. All references to "laws," "rules," or "regulations" references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Use, all notices to Husky under these Terms of Use will be in writing and will be deemed to have been duly given when received, if sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail;. Electronic notices should be sent to us.

Please direct all inquiries to hrsserv@husky.ca.