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(Updated June 29, 2015.)
Emerge Knowledge Design Inc., (hereafter referred to as “Emerge Knowledge”, and also referenced by “We”, “Our”, and “Us”) whose principal place of business is at 401-250 McDermot Avenue, Winnipeg, MB, Canada, R3B 0S5, is the developer and sole owner of Re-TRAC Connect™ software. “You” and “Your” means the user of Emerge Knowledge’s Re-TRAC Connect™ software. It is important that You take the time to carefully read this legally binding agreement between You and Emerge Knowledge.
Emerge Knowledge continuously innovates in order to improve Re-TRAC Connect™. You acknowledge and agree that the form and nature of Re-TRAC Connect™ which Emerge Knowledge provides may change from time to time without prior notice to You.
Emerge Knowledge is not liable for the loss of any service, access, or data resulting from outages of Your equipment or Your Internet service provider or for any unforeseen or preventable reasons such as but not limited to acts of God, fires, floods, explosions, pandemic flu, wars, governmental action or inaction or requests of governmental authority, accidents, the unforeseen breakdown of the world wide web or any third-party telecommunications carrier, third party strikes, and third party lockouts.
You acknowledge and agree that if Emerge Knowledge deactivates or suspends access to Your account, You may be prevented from accessing the Services, Your account details, or any content which is contained in Your account.
You agree that You will not:
You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access Re-TRAC Connect™. You are responsible for safeguarding the password that You use to access Re-TRAC Connect™ and for any activities or actions under Your password. We encourage You to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your account. Accordingly, You agree that You will be solely responsible to Emerge Knowledge for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, You agree to notify Emerge Knowledge immediately at
You understand and agree that You may not (and You may not permit anyone else to) access the Software for the purpose of building a competitive product or service, or cause or permit the reverse engineering, disassembly, decompilation, or modification of all or any portion of Re-TRAC Connect™, and that You shall not create derivative works based on Re-TRAC Connect™.
Re-TRAC Connect™ may be updated from time to time on a software release cycle determined by Emerge Knowledge. These updates may take the form of bug fixes, new functionality, new software modules, and completely new versions. You agree to receive such updates (and permit Emerge Knowledge to deliver these to You) as part of Your use of Re-TRAC Connect™.
You agree that You are authorized to use and are solely responsible for the legality, reliability, integrity, accuracy, and quality of any content and data that You create, submit, transmit, post, display, or share while using Re-TRAC Connect™ and the Services. You further agree that all relevant third parties have been informed and have given consent regarding any personal information that You choose to submit, transmit, post, display and share using Re-TRAC Connect™ and the Services. You agree that Emerge Knowledge has no responsibility to You or to any third party for the consequences of Your actions (including any loss or damage which Emerge Knowledge may suffer) by doing so. All content is the sole responsibility of the person who originated such content.
You agree that Emerge Knowledge may use content and data which You create, submit, transmit, post, display, or share on or through the Re-TRAC Connect™ and the Services. You also agree that if you decide to join a third party Program/Directory/Toolkit via the Software, any content and data that you choose to report to or share with the Program/Directory/Toolkit belongs to the Program/Directory/Toolkit and cannot be retrieved, nor is Emerge Knowledge responsible for how it is used by the Program/Directory/Toolkit. Furthermore, You understand and agree that managers of any third party Program/Directory/Toolkit You decide to join via the Software may communicate with You to provide notices and service messages that in their sole discretion are determined to be material to their members’ participation in the Program/Directory/Toolkit, via a message sent through the Re-TRAC Connect internal messaging system; and/or an email sent to the email address associated with Your account.
You understand that Emerge Knowledge, in providing Re-TRAC Connect™ and the Services to our users, may:
Emerge Knowledge works closely with other third party service providers (collectively, the “Third Party Businesses” and, individually, a “Third Party Business”). These are Businesses that We do not control or own any shares in, which deliver fee-based services in the Software Toolkit, and with whom We co-market. Your choice to use the fee-based services of these Third Party Businesses is at Your discretion and is subject to the terms established in a separate agreement between You and the relevant Third Party Business.
You should be aware that third party content presented to You as part of Re-TRAC Connect™, including but not limited to content in Programs/Directories/Toolkit/Community Center/public profiles from other Re-TRAC Connect™ users, and from Third Party Businesses within Re-TRAC Connect™, may be protected by intellectual property rights which are owned by those users or Third Party Businesses who provide that content to Emerge Knowledge (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless You have been specifically told that You may do so by Emerge Knowledge or by the owner of that content, in a separate agreement in writing between You and that owner. In consideration for Emerge Knowledge granting You access to and use of Re-TRAC Connect™, You agree that Emerge Knowledge may place third party content on Re-TRAC Connect™ in accordance with these terms and conditions.
Any use or reliance on any content, materials or communications posted via Re-TRAC Connect™ or obtained by You through Re-TRAC Connect™ is at Your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, materials or communications posted via Re-TRAC Connect™ or endorse any opinions expressed via Re-TRAC Connect™. Under no circumstances will Emerge Knowledge be liable in any way for any such content, materials or communications, including, but not limited to, any errors or omissions in any such content, materials or communications, or any loss or damage of any kind or nature whatsoever incurred as a result of the use of any such content, materials or communications posted, emailed, transmitted or otherwise made available via Re-TRAC Connect™ or broadcast elsewhere.
The Services may include hyperlinks to third party websites, content, resources or services. You agree that any links to other third party websites are provided merely as a convenience and do not imply Emerge Knowledge’s endorsement of the linked or referenced sites, services or their content. Emerge Knowledge is not responsible for the availability, accuracy, reliability, or currency of the information or services provided on the linked sites or by external sources. You acknowledge and agree that Emerge Knowledge is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites, services, or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such web sites or resources.
You understand and agree that Emerge Knowledge may provide You with notices and service messages that We in our sole discretion determine to be material to the use of the Software in the following ways:
You agree to keep your contact information current and We request that You review your account settings to control and limit what kind of optional messages you receive from Us.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF RE-TRAC CONNECT™ AND THE SERVICES IS AT YOUR SOLE RISK AND THAT RE-TRAC CONNECT™ AND THE SERVICES ARE NOT GUARANTEED AND ARE PROVIDED "AS IS" AND "AS AVAILABLE". EMERGE KNOWLEDGE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO RE-TRAC CONNECT™ AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF MERCHANTABLE QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS IN CERTAIN SITUATIONS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. EMERGE KNOWLEDGE ALSO PROVIDES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE SERVICE, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT THE FUNCTIONS CONTAINED IN OR THE SERVICES PERFORMED OR PROVIDED BY RE-TRAC CONNECT™ WILL MEET YOUR REQUIREMENTS, OF ACCESSIBILITY, OR OF SECURITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMERGE KNOWLEDGE OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A REPRESENTATION OR WARRANTY.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EMERGE KNOWLEDGE BE LIABLE FOR PERSONAL INJURY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSSES OR DAMAGES FOR LOST PROFITS OR LOST GOODWILL, LOST OR CORRUPTED DATA, FAILURE TO REALIZE SAVINGS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL LOSSES OR DAMAGES, OR FOR CONTRIBUTION, INDEMNITY OR SET-OFF IN RESPECT OF ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY, ARISING OUT OF OR RELATED TO YOUR USE OF, DELAY IN USING OR INABILITY TO USE RE-TRAC CONNECT™ AND/OR ANY OF THE SERVICES, REGARDLESS OF CIRCUMSTANCES AND HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EMERGE KNOWLEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR IF SUCH LOSSES OR DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EMERGE KNOWLEDGE’S TOTAL LIABILITY TO YOU FOR ALL LOSSES AND DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00 USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If You want to terminate this legal agreement with Emerge Knowledge, You may do so by:
Emerge Knowledge may at any time, terminate its legal agreement with You if:
401-250 McDermot Ave Winnipeg, Manitoba, Canada, R3B 0S5
or by email at:
Emerge Knowledge is committed to protecting the privacy of all individuals who:
Emerge Knowledge abides by the rights and obligations established in Agreements with our customers and users regarding the security, confidentiality, integrity, use and disclosure of information.
or write to us at Emerge Knowledge, 401 – 250 McDermot Avenue, Winnipeg, Manitoba, Canada, R3B 0S5.
Emerge Knowledge may collect personal information for the following purposes:
You may access some of Our Services by creating a Re-TRAC Connect™ account and providing Us with some personal information such as Your full name, and email address. Your email address, along with Your password, represent Your “Login Credentials”, and will be used to authenticate You when You access Re-TRAC Connect™ and protect Your account from unauthorized access by others. If You are a user of our Services, We make it easy for You to access or modify the personal information You have provided to Us and that is associated with Your account in order to keep Your personal information accurate, complete, and up to date.
If You are using Re-TRAC Connect™ and You choose to create a public profile, all information which You choose to share with the public (including any personal information you choose to provide in Your public profile) will be visible on the World Wide Web. You understand that creation of a public profile is entirely optional, as is the selection of personal information You choose to share on Your public profile.
You may provide Us with additional personal information such as Your opinions, comments, or photos through Your use of the Services including public profiles, Directories, forums, message boards, and/or social networking features. Providing the additional information is entirely optional and You are responsible for the information that You choose to submit in these instances. Please take care about the personal information that You provide upon using these features.
If You choose to join and/or report to a Program/Directory/Toolkit, during the Registration process You will provide some non-private or non-personal information, such as name of an employee of an organization, title, name of organization, organization address, organization telephone number, organization website address, and detailed information about materials accepted for waste management at the organization location which You represent, which is made available to the public through Your use of the Services.
The information that You are choosing to provide in the Programs and Toolkit sections is information that You understand and provide Your consent for Emerge Knowledge to collect and use as aggregated statistics for the purposes of benchmarking provided that the release of aggregated data will not identify You (or the organization that You represent).
Our servers automatically record information ("Log Data") created by Your use of the Services. Log Data may include information such as Your Internet Protocol (IP) address, browser type and language, internet service provider (ISP), date/time stamp, pages visited, and search terms (click-stream data). Other actions, such as interactions with third party providers, may also be included in Log Data. We use this information to understand and analyze trends and to improve our Services.
We may disclose Your personal information if We believe that it is reasonably necessary to comply with a law, regulation, or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Emerge Knowledge’s rights or property.
All personal information collected by Emerge Knowledge in the Services is knowingly and specifically supplied to us by You, with Your consent, and other users. Commerce functions provided as part of the Services are protected by 128-bit Secure Socket Layer (SSL) encryption.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of information. These include internal reviews of our data and information collection, storage, and processing practices and security measures including appropriate encryption and physical security measures to guard against unauthorized access to systems where We store personal information.
If You notice any errors, or if Your personal information has changed, You have the option to edit your account profile including the personal information associated with your account.
If you wish to delete Your information, We ask that You put Your request in writing at
and identify Yourself and the specific information You are requesting to have removed before processing such requests. If the information You request to have removed is not otherwise required to be retained by law or for legitimate business purposes, We will act on your request and respond within thirty calendars days. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, would jeopardize the privacy of others, or would be impractical (for example, requests concerning information residing on backup files), or for which access is not otherwise required. In any case where We remove information, We perform this service free of charge, except if doing so would require a disproportionate effort. In the case that information is deleted, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
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