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Privacy Policy

As used in this Privacy Policy, “Warm Front” refers to all websites, mobile sites, applications, and other properties or services owned or operated by Warm Front.

By visiting Warm Front, viewing our content, attending or viewing any of our events or programs and/or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

What Does This Privacy Policy Cover?
This Privacy Policy is part of Warm Front’s Terms of Service and covers the treatment of user information, including Personally Identifiable Information (defined below), obtained by Warm Front, including information obtained when you access or log in to Warm Front, and/or register for content, webinars, or the forum provided by Warm Front.

This Privacy Policy does not apply to the practices of companies that Warm Front does not own or control, or to individuals whom Warm Front does not employ or manage, including any of the third parties to which Warm Front may disclose user information as set forth in this Policy.

What Types of User Information Does Warm Front Obtain?
Warm Front may obtain the following types of information from you or concerning your computer or device (“Information”), which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):

  • Name
  • Email Address
  • Mailing Address
  • Telephone Number(s)
  • Credit Card Information
  • Blog or Website URL
  • Social Networking Handle or Username
  • Photo
  • Demographic Information (e.g., age, gender, interests, and preferences)
  • Professional Title
  • Company
  • Industry
  • Activities or Content Viewed on Warm Front
  • Information Collected Automatically
  • Information Received from Third Parties

In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services (such as logging in to download Warm Front reports or publications). If you choose not to provide the Information we request, you may still use Warm Front, but you may be unable to access certain features or services.

When you register to receive any products or services from Warm Front or provide information to Warm Front in any other manner, you agree to provide only true, accurate, current and complete information.

Information Collected Automatically
Warm Front may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:

  • Browser Information
  • Operating System Information
  • Mobile Device Information (e.g., device identifier, mobile operating system, etc.)
  • IP Address
  • Internet Service Provider
  • Content Viewed
  • Geographic Location
  • Connection Speed
  • Time of Visit
  • Referring Site, Application, or Service
  • Registration Time

Information Received From Third Parties
Events and Webinars
If you register for events or webinars provided by Warm Front, we may receive Information about you from the service providers that host or process registration for these programs or that provide other services to support these programs (such as technical support), which may include certain Personally Identifying Information identified above.

Third Party Websites/Social Networking Sites
If you choose to use any third party website or service that is integrated with Warm Front, including a third party social networking or blogging site, such as LinkedIn, Facebook, Twitter, Pinterest, Google+ or Blogger (“Third Party Websites”) – or if you use any Warm Front application provided through any Third Party Website – we may receive Information, including Personally Identifying Information, from such Third Party Websites, including, but not limited to:

  • Name
  • Nickname or Username
  • Photo or Graphic Avatar
  • Unique Third Party Website Identifier (e.g., Facebook User ID)
  • Biographical or Demographic Information (e.g. professional title, gender, college attended, etc.)
  • Likes and Interests
  • Contacts/Friends/Associations
  • Any Information That Is Publicly Available on Third Party Websites

For example, Warm Front may offer the ability to use certain Third Party Websites to facilitate your registration on Warm Front. We may also use information about your profile and connections on Third Party Websites to allow you to share or connect with your friends and contacts on Warm Front or to personalize your experience. In addition, Warm Front offers “plug ins” and “widgets” from various Third Party Websites that allow you to share Warm Front content off of our service, as discussed in “Disclosure of Information to Third Parties”. 

Your decision to use, or share with, a Third Party Website when accessing or using Warm Front products and services is completely voluntary. Warm Front is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to Warm Front by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.

Any information we receive from Third Party Websites will be governed by this Privacy Policy.

How Do We Use This Information?
We use the Information we obtain from or concerning you or your computer or device to provide Warm Front products and services, fulfill your requests, improve our products and services, personalize and tailor your experience on Warm Front, operate our business, and understand how users are engaging with Warm Front.

In addition, we may use Information from or concerning you or your computer or device to facilitate the delivery of content or advertisements that we believe may be of interest to you, or to communicate with you about new or existing products and services or special offers. For example, we may periodically send promotional materials or notifications related to our products and services to the email address associated with your account.

Warm Front’s Use of Cookies
Warm Front may place “cookies” on your computer or device that may contain anonymous Information that is associated with you. Cookies are small text files a website uses to recognize users, and are typically placed on your hard disk by a web server. Cookies contain information that can later be read by a web server in the domain (here, Warm Front) that issued the cookie to you or that, in some cases, can be read by a third party domain.

Our cookies may record Information about your use of Warm Front so that we can provide a continuous and more personalized experience for you, including for one or more of the following purposes: to help identify visitors; assess usage patterns; identify preferences; control the display of ads; diagnose problems with our servers; gather demographic information; analyze trends and usage patterns; conduct research; deliver editorial content; record registration and personalized information; and otherwise administer Warm Front products and services.

If you do not wish to have Warm Front place and use cookies on your computer, you should set your browser preferences to refuse cookies before accessing Warm Front. Warm Front is not responsible for any failure by you or your browser to accurately implement or communicate your browser preferences or settings. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Warm Front that depend on cookies.

Warm Front does not control and is not responsible for the use of cookies by its third party partners or advertisers. The use of cookies by some of these third parties is discussed below (see “Analytics Services”).

Reviewing and Modifying Your Personally Identifying Information
We offer several ways for you to update Personally Identifying Information that is obtained and stored by Warm Front, or to change your account preferences on Warm Front:

  1. If you have an online account with Warm Front, you can update or change your account information by connect@warmfront.ca
  2. You may unsubscribe to any of our e-mail updates or products by following the unsubscribe instructions in the body of any message (see Email or Text Message Communications  
  3. You may contact us at connect@warmfront.ca.

Disclosure of Information to Third Parties
Warm Front may disclose Information (including Personally Identifying Information) from or concerning you or your computer or device to third parties in the circumstances described below. By visiting, accessing, attending or using Warm Front’s products, services or events, you consent to the disclosure of your Information to certain categories of third parties in the manner described below. This Privacy Policy does not apply to the policies or practices of any of these third parties.

Corporate Subscriptions
If your employer or another party provides you with a subscription to Warm Front, we may notify the provider when you access or use your subscription. When providing such notices, we may disclose Personally Identifying Information, such as your name or email address.

Service Providers
Warm Front relies on third party vendors and service providers to provide support and assistance for its products, services and events (“Service Providers”), and we may disclose your Information (including Personally Identifying Information) to these Service Providers to the extent necessary to support our products, services or events, or as otherwise set forth below.

Payment Processors
Warm Front uses third party payment processors, including PayPal, CyberSource, Litle, Stripe, and Authorize.net, to process financial payments for certain Warm Front services. When you make payments to Warm Front and/or obtain certain Warm Front products or services, Warm Front may transfer certain Information (including Personally Identifying Information) to these payment processors for the sole purpose of facilitating the payment transaction, such as your Name, Address, and Credit Card Information.

Event Registration
Warm Front uses third parties, such as EventBrite, to process registration for Warm Front events and programs. Warm Front may provide your Information (including Personally Identifying Information) to such registration services when you register for a Warm Front event or program. In addition, as discussed below, Warm Front (or its third party registration service) may provide your Information (including Personally Identifying Information) to companies that sponsor or underwrite portions of an event that you register for, attend, or view.

Web Hosts
Warm Front website services are hosted by Bell Canada, an enterprise web publishing platform. All Information obtained and stored by Warm Front’s websites (see What Types of User Information Does Warm Front Obtain?) is processed and stored on servers that are owned and operated by Bell Canada.

Webinars
Warm Front uses third parties, such as GoToWebinar, Wufoo, and Wistia, to process registration and/or host and provide technical support for Warm Front webinars. If you register for and/or download or view a Warm Front webinar, Warm Front may provide your Information (including Personally Identifying Information) to these third parties to facilitate registration and access to the webinar. In addition, as discussed below, Warm Front (or its third party registration service) may provide your Information (including Personally Identifying Information) to companies that sponsor or underwrite portions of a webinar that you register for, download, or view.

Third Party Sponsors
If you have elected to register for one of our sponsored webinars or events, or to access research or content from Warm Front, we may share your Information (including Personally Identifying Information) with business partner(s) and/or sponsor(s) of the webinar, event, research and/or content. You agree that these sponsor(s) and/or business partner(s) may use your Personally Identifying Information to contact you to provide additional information about their products or services.

Third Party Websites
Warm Front offers the ability to share Warm Front content on Third Party Websites, including social networking and blogging services such as LinkedIn or Facebook, through “plugins” or “widgets” (such as LinkedIn’s “in” button or Facebook’s “Like” button). When you elect to share content and information with others on Third Party Websites, Warm Front may transmit your Information (including Personally Identifying Information) to such Third Party Websites. This Information may be visible on the Third Party Website to anyone who has access to that content or Information. Your decision to share information in this manner is completely voluntary. You should ensure that you are comfortable with how Third Party Websites may share your Information by reviewing their privacy policies and/or modifying your privacy settings directly on those Third Party Websites.

URL/Referrer Header Information
When you visit Warm Front websites, certain information about the content or activities you have engaged in on Warm Front may be reflected in the Uniform Resource Locator (“URL”) for the page you are viewing on Warm Front (i.e., the Internet “address,” commonly displayed in the browser window). For example, the date or title of an article you are viewing may appear in the URL for that page. In addition, if you are logged into a Warm Front account, certain account information (may be visible in the URL when you visit your account on Warm Front. If you leave Warm Front to visit a third party website, including when you click on an advertisement or link or when you share information through a social plug-in (like the Linked In “in” button), the information contained in the URL may be transmitted to the third party website by your browser.

Advertisers and Analytics Services
As discussed in (in “Third-Party Advertising on Warm Front”), Warm Front uses third party advertisers, including ad networks, to provide advertising on its websites. In addition, as discussed in “Analytics Services”, Warm Front uses third party analytics products to obtain information about how users are using and interacting with Warm Front. These third parties may receive Information (including Personally Identifying Information) from Warm Front as discussed in greater detail in “Security and Protection of Personally Identifying Information.

Law Enforcement/Legal Process
We may disclose your Information (including Personally Identifying Information) when we believe in good faith that disclosure is necessary to comply with any law, regulation or legal request; enforce, apply, or investigate breaches of our terms of use and other agreements; respond to public requests; or protect the rights, property, user experience or safety of Warm Front, our employees, our users, or others. This can include exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Comments and Public Posts; Sharing on Third-Party Websites
Warm Front encourages active participation by users, including through comments on Warm Front. However, please be aware that if you voluntarily disclose Information, personal or otherwise, on Warm Front, that Information can be viewed, collected and used by others, including other users, search engines, advertisers, third party applications developers, and anyone with access to Warm Front. Warm Front has no control over the use, collection or disclosure of any Information that you post publicly on Warm Front.

Change of Control
If Warm Front, or substantially all of its assets, is acquired by another company or party, user Information will be one of the assets transferred or acquired by the purchaser. You acknowledge that such transfers may occur, and that any purchaser of Warm Front or its assets may continue to collect, use and disclose your Information as set forth in this Policy.

Third-Party Advertising on Warm Front
Warm Front may allow third party advertising serving companies, including ad networks (“Advertisers”), to display advertisements or provide other advertising services on Warm Front. These third party Advertisers may use techniques other than HTTP cookies to recognize your computer or device and/or to collect and record demographic and other Information about you, including your activities on or off Warm Front. These techniques may be used directly on Warm Front. Please keep in mind that your web browser may not permit you to block the use of these techniques, and that browser settings that block conventional cookies may have no effect on such techniques.

Advertisers may use the information collected to display advertisements that are tailored to your interests or background and/or associate such information with your subsequent visits, purchases or other activities on other websites. Advertisers may also share this information with their clients or other third parties.

Warm Front has no responsibility for the technologies, tools or practices of the Advertisers that provide advertising and related services on Warm Front. This Privacy Policy does not cover any collection, use or disclosure of Information by Advertisers who provide advertising and related services on Warm Front. These Advertisers’ information gathering practices, including their policies regarding the use of cookies and other tracking technologies, are governed entirely by their own privacy policies, not this one.

Warm Front currently may be using one or more of the following Advertisers to provide advertising and related services on Warm Front. If you would like to know about their information gathering and privacy practices, please visit the links below
Warm Front uses the Standard Terms and Conditions set forth by the Internet Advertising Bureau (IAB). See Standard Terms and Conditions.

Analytics Services
In addition, Warm Front uses third party analytics providers and products to obtain, compile and analyze Information (that may include Personally Identifying Information) about how users are using and interacting with Warm Front. Warm Front may provide Information (including Personally Identifying Information) to these analytics providers for the purpose of obtaining statistics and other information about how users are using and interacting with Warm Front. These analytics providers may use tracking techniques other than HTTP cookies to recognize your computer or device and/or to collect or compile this information. These techniques may be used directly on Warm Front. Warm Front has no responsibility for the technologies, tools or practices of the third parties that providing analytics products and services to Warm Front. Please also keep in mind that your web browser may not permit you to block the use of these techniques, and that browser settings that block conventional cookies may have no effect on such techniques.

Security and Protection of Personally Identifying Information
We have implemented reasonable security measures and practices in an effort to protect the confidentiality of your Personally Identifying Information (other than Personally Identifying Information that you have elected to disclose to others). However, no security system is impenetrable. It may be possible for third parties to intercept or access information you provide to Warm Front. Warm Front cannot guarantee the security of your Personally Identifying Information, nor can we guarantee that information you supply will not be intercepted while being transmitted to Warm Front. It is important for you to protect against unauthorized access to your password(s) and computer or device, and to log off when using any shared computer.

Email or Text Message Communications
We may contact you by e-mail, text message or other equivalent electronic communications if you access Warm Front products or services or register for events, webinars or other content or services provided by Warm Front. By visiting or using Warm Front content, products or services, or registering for or attending Warm Front events or webinars, you specifically consent to the receipt of these e-mail or text message communications. If you do not want to receive emails, text messages or other communications from us, please notify us by email at connect@warmfront.ca and include sufficient information for us to identify your account, including your Name, Email Address (or Cellphone Number) and the specifics of your request. If you unsubscribe, Warm Front may still contact you via email or text message for administrative purposes or concerning any products, services or events for which you have registered or are using.

Changes to the Privacy Policy
Warm Front retains the discretion to amend or modify this Privacy Policy from time to time. Use and disclosure of Information we obtain is subject to the later of: (1) the Privacy Policy in effect at the time such Information is collected or (2) any subsequent Privacy Policy of which you have notice. If we make material changes to the way we collect, use or disclose Personally Identifying Information, we will notify you by posting a clear and prominent announcement on Warm Front or through a direct communication. Your continued access to or use of Warm Front following notice of material changes to this Privacy Policy shall constitute consent to any amendments and/or modifications. Your use of Warm Front is entirely voluntary, and you may discontinue use of Warm Front at any time.

How to Contact Us
Warm Front welcomes any questions or comments you may have regarding this Privacy Policy or its implementation. Any such questions or comments should be submitted via email to connect@warmfront.ca or directed to the address below. We will undertake reasonable efforts to resolve or address your concern.
Warm Front
ATTN: Privacy
1458 Kingston Road
Toronto, ON M1N 1R6
Canada
Effective Date of this Privacy Policy
This Privacy Policy is effective as of January 1, 2015.

Terms of Service

Effective January 1, 2015
The following terms and conditions govern all use of the warmfront.ca website and all content, services, features, activities and products available at or through the website, including, but not limited to Warm Front Events, mobile sites and applications (collectively, the “Services”). The Services are owned and operated by Warm Front. (“Warm Front”, “us” or “we”). We ask you to review these terms and conditions, which, together with Warm Front’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, which policies are incorporated by reference herein in their entirety, constitute a legally binding agreement between you and Warm Front that conditions your use of the Services (this “Agreement”). By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 13 years old.

1. Content on the Services
1.1. In General. Any opinions expressed by the contributors, authors and moderators who post content to Warm Front are the personal opinions of the authors, not of Warm Front, whether or not the authors are employees or contractors of Warm Front. The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Warm Front or any other party.

1.2. Ownership. The Content (as defined below) on the Services is intended for your personal, non-commercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to Canadian and international copyright laws, and are owned or controlled by Warm Front or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.4 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of Warm Front or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any Warm Front logo or proprietary graphic or trademark without Warm Front’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in Warm Front and/or its content providers or licensors. Warm Front reserves any rights not expressly granted in this Agreement.

1.3. Limited License. Subject to your strict compliance with this Agreement, Warm Front grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, Content accessed through Warm Front and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal non-commercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in Warm Front’s sole discretion, and without advance notice or liability.

2. User-Generated Content
2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of Warm Front; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.

2.2. Warm Front’s Exclusive Right to Manage the User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Warm Front in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. Warm Front reserves the right to treat User Submissions as content stored at the direction of users for which Warm Front will not exercise control except to block or remove content that comes to Warm Front’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Warm Front, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Warm Front’s attention. However, Warm Front shall not be responsible for controlling or editing any Content, and Warm Front has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.

2.3. License to Warm Front of Your User Submissions. You hereby grant to Warm Front, and you agree to grant to Warm Front, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to Warm Front to your User Submissions, you also hereby grant to Warm Front, and agree to grant to Warm Front, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Warm Front for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.

2.4. Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Warm Front the rights to it that you are granting by this Agreement, all without any Warm Front obligation to obtain consent of any third party and without creating any obligation or liability of Warm Front; (B) the User Submission is accurate; (C) the User Submission does not and, as to Warm Front’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.

2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from your User Submissions. Warm Front does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

2.6. Non-Confidentiality of Your User Submissions. The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to Warm Front (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that Warm Front may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.

2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.

3. Links to Third-Party Websites
The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Warm Front is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of Warm Front and, as such, Warm Front is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on Warm Front does not imply an endorsement or recommendation by Warm Front. Warm Front is not responsible for any form of transmission received from any link, nor is Warm Front responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

4. Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on Warm Front infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify Warm Front in accordance with Warm Front’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at http://www.warmfront.ca. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

5. Terms Applicable to Users of Warm Front
5 .1. In General. Warm Front offers the opportunity to sign up to obtain enhanced content and features through Warm Front. By using or accessing any products, content, features, services or events offered through Warm Front, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of Warm Front and shall not apply to the use of any of the Services other than Warm Front.

5.2. Warm Front Account. In order to access certain features of Warm Front, you will be required to create an online account (the “Pro Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your Pro Account; (B) refrain from sharing your Pro Account password or from allowing access to your Pro Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using Warm Front and the Pro Account; (D) be responsible for all charges resulting from use of your Pro Account, including unauthorized use prior to your notifying Warm Front in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of Warm Front .

5.3. Fees; Payment Terms; Account Cancellation.

  1. Warm Front charges a subscription fee (“Fees”) for the use of Warm Front. By registering for a Pro Account, you agree to pay Warm Front the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in Canadian Dollars. Warm Front expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use Warm Front, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay Warm Front all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of Warm Front, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle.
  2. All Fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use Warm Front. We reserve the right to deactivate your access to Warm Front if you fail to pay applicable fees. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify Warm Front if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Warm Front in the event of any refusal of your credit card issuer to pay any amount to Warm Front for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Warm Front may immediately suspend or terminate this Agreement and your access to Warm Front.
  3. Your subscription will renew automatically, unless we terminate it or you terminate your subscription by providing written or electronic notice through one of the following methods:

Email: connect@warmfront.ca
Mail:
Warm Front
ATTN: Termination
1458 Kingston Road
Toronto, ON  M1N 1R6
Canada

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5.4. Limited License to Warm Front Users. Subject to your strict compliance with this Agreement, Warm Front grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on Warm Front (the “Warm Front Content”) as described below. You may:

  • View the Warm Front Content while accessing Warm Front.
  • Download or print one copy of any Warm Front Content for personal use.
  • Incorporate, on a non-systematic and non-routine basis, a small excerpt of the Warm Front Content (e.g., a few lines of text, a paragraph, a specific graphic, chart or graph) within a report or presentation that is distributed to an audience that is internal to the company for which you are employed (“your company”), as long as you attribute Warm Front as the source.
  • Briefly summarize, on a non-systematic and non-routine basis, Warm Front Content in your own words, and distribute the summary to an audience that in internal to your company in connection with a specific project, as long as you attribute Warm Front as the source.
  • Distribute, in digital or hard copy, Warm Front Content for which you have purchase reprint rights, to audiences inside or outside your company.
  • If your Pro Account was obtained under an enterprise license made by your company, distribute Warm Front Content in accordance with the terms of that license.

Except as expressly provided in this Section 5.4, you may not post or otherwise distribute Warm Front Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Warm Front Content, and (B) may be immediately suspended or terminated for any reason, in Warm Front’s sole discretion, and without advance notice or liability.

6. Operation of the Services
Warm Front reserves complete and sole discretion with respect to the operation of the Services. Warm Front may, among other things: (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy; and (B) withdraw, suspend or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Warm Front may undertake from time to time; or (iii) causes beyond the control of Warm Front or which are not reasonably foreseeable by Warm Front.

7. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED BY WARM FRONT ON AN “AS IS” BASIS. WARM FRONT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WARM FRONT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. WARM FRONT MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PRO ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

8. LIMITATION OF LIABILITY
IN NO EVENT WILL WARM FRONT BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF WARM FRONT MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
The Services are controlled and offered by Warm Front from its facilities in Toronto, Canada. Warm Front makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. VIOLATIONS / INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WARM FRONT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

10. WAIVER AND RELEASE
YOU AGREE THAT NEITHER WARM FRONT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WARM FRONT SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WARM FRONT SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST WARM FRONT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF WARM FRONT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.

11. Complete Agreement
This Agreement, which incorporates Warm Front’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, constitutes the entire agreement between you and us relating to your access to and use of the Services and supersedes any prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter hereof (with the sole exception of any separate license agreements for Warm Front or Warm Front Content to which you are a party or beneficiary, which shall remain in full force and effect and which shall supplement the terms of this Agreement). This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 12.

12. Modifications / Termination
12.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of Warm Front; or (B) as set forth below in Section 12.2.
12.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the Warmfront.ca website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on Warmfront.ca the first time that you visit Warmfront.ca following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on warmfront.ca (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.

13. Dispute Resolution / Jurisdiction / Agreement to Arbitrate
13.1. In General. Certain portions of this Section 13 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Warm Front agree that we intend that this Section 13 satisfies the “writing” requirement of the Federal Arbitration Act.
13.2. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, your User Submissions, or this Agreement (collectively, “Dispute”), or to any of Warm Front’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 13.5 below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this Section 13.2. Your notice to us must be sent to:


Warm Front
ATTN: Termination
1458 Kingston Road
Toronto, ON  M1N 1R6
Canada

For a period of 60 days from the date of receipt of notice from the other party, Warm Front and you will engage in a good faith dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Warm Front to resolve the Dispute or Excluded Dispute on terms with respect to which you and Warm Front, in each party’s sole discretion, are not comfortable.
13.3. Forums for Alternative Dispute Resolution.
Arbitration. If we cannot resolve a Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this Section 13.3. If we cannot resolve an Excluded Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Excluded Dispute arises), then either you or we may submit the Excluded Dispute to formal arbitration only if you and Warm Front consent, in a writing signed by you and Warm Front’s General Counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 13.3.
Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Warm Front elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Warm Front do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 13.3.A, then this paragraph and the remainder of this Section 13.3 will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of Warm Front consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.
You can obtain AAA and JAMS procedures, rules, and fee information as follows:

  • AAA - 800.778.7879
  • JAMS - 949.224.1810

Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in San Francisco, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Warm Front shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Warm Front to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then Warm Front will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
13.4. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 13.2 ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
13.5. Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by Warm Front to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and/or Warm Front’s intellectual property rights (including such Warm Front may claim that may be in dispute), Warm Front’s operations, and/or Warm Front’s products or services.
13.6. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes (but not Excluded Disputes) in small claims court.
13.7. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 13.3.A above holds that this restriction is unconscionable or unenforceable, then our agreement in Section 13.3 above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 13.8 below.
13.8. Federal and Provincial Courts. Except to the extent that arbitration is required in Section 13.3 above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in Federal or Provincial Courts. Accordingly, you and Warm Front consent to the exclusive personal jurisdiction and venue of such courts for such matters.
13.9. Applicable Law. This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of Canada, without regard to its conflict of law provisions.

14. Construction
If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

15. Notice
Warm Front may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your Warm Front account or by written communication delivered by first class Canadian mail to your address on record. You may give notice to Warm Front at any time via electronic mail to the following address: connect@warmfront.ca

16. Miscellaneous
Warm Front may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with Warm Front’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Warm Front in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.

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