Acceptable Use Agreement

IMPORTANT! YOUR ACCESS TO AND USE OF THE INFORMATION AND THE SERVICES ON THE PORTAL ARE SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. BY ACCESSING AND/OR USING THE PORTAL, YOU AGREE TO AND ACCEPT ALL OF THESE LEGAL TERMS AND DISCLAIMERS. IF YOU DO NOT AGREE WITH THESE LEGAL TERMS AND DISCLAIMERS, PLEASE EXIT THE PORTAL.

These legal terms and disclaimers constitute an agreement (the “Agreement”) between you (“You”, “Your”), being a user to the my.hamilton.ca Community Portal (the “Portal”), and the City of Hamilton (the “City”), regarding Your access and use of the Portal, including any and all activities and transactions conducted through the Portal. The effective date of the Agreement is when You accept or are deemed to accept the Agreement by accessing and/or using any page or portion of the Portal, whichever occurs first.

Access to the Portal requires registration using an email address as well as a password and multi-factor authentication.  During registration, You are required to provide personal information such as Your full name and email for the purpose of receiving notifications regarding the Agreement, the Privacy Policy and other Portal agreements and policies. You cannot unsubscribe to notices relating to the Agreement, the Privacy Policy, other Portal agreements and policies, or from other notices relating to important information about the Portal. All information, including Your personal information, retained during registration will be maintained in a profile (“User Profile”). You are responsible for maintaining the confidentiality of Your registration information, password and User Profile.  Refusal to consent to the collection, use and disclosure of Your personal information will limit Your access to the Portal. By accessing the Portal, You acknowledge and agree that the City will send emails relating to Your User Profile and the account, transactions and City communications.

We do not sell or rent your personal information to third parties and we only use Your information as described in the Privacy Policy.  For more information on the collection and use of Your personal information, please refer to the Privacy Policy.

There are several places throughout the Portal that may link You to other websites that do not operate under the City’s Privacy Policy. When You click through to these websites, the City’s Privacy Policy no longer applies. We recommend that You examine the privacy statements for all third party websites to understand their procedures for collecting, using and disclosing Your information.

YOU HEREBY AGREE TO INDEMNIFY THE CITY, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS, AGENTS, LICENSORS AND AUTHORIZED REPRESENTATIVES IN RESPECT OF:

• ANY CLAIM, EXPENSE, ACTION, CAUSE OF ACTION OR DAMAGES (“CLAIMS”) CAUSED BY YOUR ACCESS OF THE PORTAL, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO AN INJURY TO PERSONS OR PROPERTY; OR
• ANY CLAIMS ARISING FROM A NEGLIGENT OR INTENTIONAL ACT OR OMISSION BY YOU; OR
• ANY CLAIMS RELATING TO NON-COMPLIANCE WITH APPLICABLE LAWS BY YOU; OR
• ANY CLAIMS RELATING TO AN ERRONEOUS, FAILED OR ABORTED ACTION OR TRANSACTION CAUSED BY YOU; OR
• ANY CLAIMS RELATING TO THE INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY CAUSED BY YOU; OR
• ANY CLAIMS ARISING IN ANY WAY FROM THE PROVISION AND/OR ACCESS OF YOUR INFORMATION.

REFERENCES, LINKS, HYPERLINKS AND ADVERTISING CONTAINED ON THE PORTAL THAT DIRECT YOU TO ANY THIRD PARTY SITE ARE NOT APPROVAL, ENDORSEMENTS, OR SUPPORT FOR THE THIRD PARTY OR THE THIRD PARTY’S GOODS AND/OR SERVICES. IN ADDITION, THE CITY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF ANY NON-PORTAL SITES, NOR DOES THE CITY ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS, SERVICES OR INFORMATION DESCRIBED OR OFFERED AT NON-PORTAL INTERNET SITES.

CONTENT INCLUDING ALL DATA, MATERIAL AND INFORMATION CONTAINED ON THE PORTAL IS NOT GUARANTEED TO BE CURRENT, ACCURATE, COMPLETE, ERROR FREE OR UNTAMPERED WITH AND ALL CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION, THE CITY CANNOT BE HELD RESPONSIBLE FOR SERVER, HARDWARE, SOFTWARE, INTERNET TRANSMISSION, MONITOR SETTINGS, WEB-SITE DESIGN AND CONSTRUCTION THAT PRODUCES INCOMPLETE OR INACCURATE DATA, MATERIAL AND INFORMATION THAT MAY BE RECEIVED AND/OR DISPLAYED ON THE USER’S INTERNET BROWSER. THE PORTAL AND THE CITY DO NOT INTEND TO PROVIDE INDIVIDUAL SPECIFIC ADVICE INCLUDING, BUT NOT LIMITED TO, MEDICAL, INVESTMENT, FINANCIAL, LEGAL, ACCOUNTING AND/OR TAX ADVICE. THE CITY RECOMMENDS THAT YOU CONSULT WITH YOUR OWN PROFESSIONAL ADVISOR(S) WITH RESPECT TO YOUR PARTICULAR CIRCUMSTANCES.

EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE CITY MAKES NO REPRESENTATIONS AND WARRANTIES. EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, THE CITY, ITS DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS, AGENTS,  LICENSORS AND AUTHORIZED REPRESENTATIVES (EACH, A "PORTAL PARTY" AND COLLECTIVELY, THE "PORTAL PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED. THE PORTAL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, BE THEY UNDER COMMON LAW, AT EQUITY OR UNDER STATUTE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE; (B) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; AND (C) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE PORTAL PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL’  FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 

IN NO CIRCUMSTANCES SHALL ANY PORTAL PARTY BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH ANY ACCESS OR ANY USE OF THE PORTAL OR RELATING TO ANY INFORMATION YOU HAVE PROVIDED, ANY WEBSITE LINKED TO THE PORTAL, OR ANY CONTENT THEROF OR ANY DELIVERY, HOSTING AND ANCILLARY SERVICE OR FACILITIES OF THIRD PARTY SUPPLIERS UTILIZED BY THE CITY, EVEN IF SUCH PORTAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CAUSE OF ACTION INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM: (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, OR (C) NEGLIGENCE, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THE CITY IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR THIRD PARTY CONTENTS OF THE PORTAL OR THIRD-PARTY INFORMATION PROVIDED THROUGH THE PORTAL.

IF YOU ARE DISSATISFIED WITH THE PORTAL, DO NOT AGREE WITH ANY PART OF THE AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PORTAL PARTY WITH RESPECT TO THE AGREEMENT OR THE PORTAL, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PORTAL.

THE PORTAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR: (A) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (B) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE ABOVE, THE PORTAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOU OR YOUR ACCESS TO OR USE OF THE PORTAL; (B) ANY INCOMPATIBILITY BETWEEN THE PORTAL AND OTHER INTERNET SITES, SERVICES, SOFTWARE AND HARDWARE, (C) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTION IN CONNECTION WITH THE PORTAL IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS CONTAINED IN THE AGREEMENT ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS THAT ARE PROVIDED TO YOU UNDER ANY APPLICABLE LAW.

You hereby agree to comply with all security procedures and maintain suitable virus protection software for Your continued access to the Portal.

• You may only use the Portal for lawful purposes. You may not access the Portal, upload information or engage with other uses:
• In any way that violates any applicable local, national, or international statute, rule, order, treaty, law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• To support or induce illegal or inappropriate activity;
• For gambling and/or gaming purposes in any way;
• In any way that is deceptive, abusive, pornographic, obscene, derogatory, offensive, or otherwise inappropriate;
• To stalk, harm or harass anyone, or attempting to stalk, harm or harass anyone in any way, including minors;
• To violate the rights of others, for example, breaching or misappropriating any intellectual property or proprietary right of another;
• To share material that has protected intellectual property, that has copyright or subject to trademark, or material where the lawful owner has not given permission for publication;
• To impersonate any person or entity or otherwise misrepresent users’ affiliation with a person or entity;
• To publish, send, upload, transmit, knowingly receive, use, facilitate or procure the distribution of, any unsolicited or illicit or unauthorized advertising or promotional material, or any other form of similar solicitation (spam);
• To sell and / or recommend products or endorse products of a third party; and
• To knowingly and willfully transmit or upload any content that contains viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs intended to harmfully affect the operation of any computer software or hardware.

Any information You provide must not:

• Contain any material which is offensive, hateful and inflammatory;
• Contain any material which is derogatory of any person or entity;
• Promote violence;
• Promote discrimination based on race, religion, sex, nationality, disability, age or sexual orientation;
• Promote or contain any sexually explicit material;
• Violate any copyright, database right or trademark of any other person or entity;
• Be probable to deceive, threaten, upset, embarrass or alarm any person or entity;
• Be probable to cause annoyance, inconvenience, needless anxiety or invade another’s privacy;
• Be used to imitate any person or entity, or to misrepresent your identity or affiliation with any person or entity;
• Be made in violation of any legal obligation owed to a third party, as examples, including, contractual obligation(s) or a duty of confidence; and
• Advocate or facilitate any unlawful activity, for example, copyright infringement.

The exception to the above restrictions would be the use of the Portal to solely provide such content for the purposes of reporting an issues/offences to the City.

You hereby acknowledge and agree that the City or its authorized representatives reserve the right to remove any information that You have provided to the Portal or to terminate Your access to the Portal. The City and its authorized representatives hereby reserve the right to review information and conduct that has been the subject of any concern and take such actions as necessary in the sole opinion of the City.

You agree to notify the City at [email protected] immediately of any unauthorized use of Your User Profile or any breach of security of which you become aware. The City may suspend Your User Profile for security or administrative reasons, however, You remain responsible for all activity connected to your User Profile before the suspension takes effect. You expressly agree to contact [email protected]  to report any and all illegal, immoral or otherwise inappropriate conduct or information that You come across on the Portal. The City hereby reserves the right to review Content that has been subject to a concern and may temporarily or permanently remove information for this purpose. You irrevocably and unconditionally attorn to the jurisdiction of the courts of the Province of Ontario located in the City of Hamilton and courts competent to hear appeals therefrom. Except in those cases that are specifically prohibited by law, You agree to waive any right You may have to: (i) trial by jury; and (ii) commence or participate in any class action against the City relating to the Portal, the Content, or other services or products provided through the Portal or the Agreement and, where applicable, You also agree to opt out of any class proceedings against the City or its licensors.

The parties have required that the Agreement and all documents relating hereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

The Agreement may be amended from time to time in accordance with these terms and any other policies and agreements of the City. The City reserves the right, in its discretion, to amend the Agreement at any time by posting amendments on the Portal or by providing You with such other notice as may be legally required. You are responsible for periodically reviewing the amendments on the Portal and You are deemed to have accepted and agreed to such amendments by accessing and using the Portal after such amendments have been posted. If You do not agree with the amendments to the Agreement, your exclusive remedy shall be to immediately stop accessing and using the Portal. No supplement, modification or amendment to the Agreement and no waiver of any of the provisions of the Agreement shall be binding on the City unless agreed to by the City. No waiver of any of the provisions of the Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Any provision of the Agreement which is held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the Agreement, all without affecting the remaining provisions of the Agreement or affecting the validity, legality or enforceability of such provision in any other jurisdiction. The City shall have the right to assign the Agreement. You shall not assign the Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the City, which consent may be unreasonably withheld.

This Agreement is effective until terminated by the City at any time without notice. The City may terminate Your right to use the Portal immediately, without notice to You, if, in the sole discretion of the City, You fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. In the event of termination of Your access to the Portal, You are longer authorized to access the benefits of the Portal, and the restrictions imposed on You with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this Agreement. 

The City may terminate, change, suspend or discontinue any aspect of the Portal at any time without notice. Without limiting the generality of the foregoing, the City may change the availability of any features, institute new, or change existing, fees or charges for the use of the Portal or any features thereof, add, remove, modify or otherwise change any contents on the Portal, impose limits on certain features or restrict access to parts or all of the Portal. The City reserves the right, but not the duty, to correct any errors or omissions in any portion of the Portal at any time without notice. 

If You have any questions regarding this Acceptable Use Policy, please contact [email protected].

If You have any questions regarding the Privacy Policy, please contact [email protected].