Online User Agreement
Last Updated: October 30, 2019
Thank you for registering for an account to use the CMA NXT Platform, an online video content and connections platform. The goal of the CMA NXT Platform is to prepare you for success in your first professional marketing role by helping you to develop soft skills, a practical understanding of the marketing profession, and access to connections, mentorship, peer-to-peer learning and work experience opportunities.
The Platform provides access for individual users to:
- Videos and live webinars
- A job board featuring a variety of work experience opportunities
- Peer-to peer learning experiences
- Mentorship opportunities
You may not register for an account on the CMA NXT Platform if you do not meet the Eligibility Criteria below. For example, to have an account, you must be aged 16 or older, and you must not be a resident of a member state of the European Union.
Binding Legal Agreement
By agreeing to this CMA NXT Online User Agreement, “the Agreement” and the CMA Policy in the course of creating an account, you are entering into a binding legal Agreement. Your access to and use of the CMA NXT Online Platform is conditional on your acceptance of, and compliance with, the terms and conditions of this Agreement.
By accepting this Agreement, you are confirming that you have read and fully understand the terms and conditions of this Agreement. Your Agreement is with the Canadian Marketing Association, “the CMA,” and in this Agreement, “we”, “us” and “our” refers to the CMA.
Please read this Agreement carefully. If you do not wish to accept this Agreement, you will not be able to access CMA NXT’s password-protected online services.
Eligibility Criteria By registering as an individual user of the CMA NXT Platform, you represent and warrant to us that:
- You are 16 years of age or older;
- You are an individual, and are not using your account on behalf of any other individual, group, or organization;
- You have the legal capacity to enter into this Agreement;
- You do not already have an account with CMA NXT, and;
- You are not a resident of a member state of the European Union.
Rules and Obligations for Individual Users
You will use the CMA NXT Platform in a manner consistent with all laws that apply to you. You must also comply with the following rules and obligations when using the CMA NXT Platform:
- You may never use another's account, and you may not provide another person with the username and password of your account. You are responsible for all activity conducted from your account, and it is your responsibility to ensure that your password remains confidential and secure.
- You are responsible for the truthfulness and accuracy of all personal information that you provide to us about you. You must not make any misrepresentation in information you provide, either directly or by omission.
- You are solely responsible for all comments and content that you post. The CMA is not responsible for this content nor does it endorse any opinion contained in this content.
- You must own or have the right to use all content that you provide through the CMA NXT Platform. You will not share any content through the CMA NXT Platform that you do not have the right to share.
- You assume the risk of dealing with other users through the CMA NXT Platform, including users who may provide false information or may seek to connect with you or to obtain information for unauthorized, dangerous or fraudulent purposes.
- You will not use the CMA NXT Platform to market or sell any products or services, other than to promote your own professional services through one-to-one communications with employers or other users for business purposes or work opportunities. You agree to not use the CMA NXT Platform for any solicitations, advertising, promotional materials, or spam.
- You will not use the CMA NXT Platform or website to do anything unlawful, misleading, malicious or discriminatory. Information, content or communications that are defamatory, obscene, pornographic, racist, harassing, hateful, threatening, abusive or illegal are forbidden.
- You will not breach or attempt to breach or violate security measures taken to protect the integrity of the CMA NXT Platform. You will not use the CMA NXT Platform to propagate viruses, malware or other harmful or disruptive codes.
If you do not comply with these rules and obligations, or any of the terms and conditions in this Agreement, we may suspend or terminate your account immediately. If you become aware of another user whom you believe is contravening the rules and obligations, you are responsible for reporting it to us at firstname.lastname@example.org.
Use of the CMA NXT Platform
As long as you comply with the terms and conditions of this Agreement, you may use the CMA NXT Platform solely for your individual and non-commercial use to:
- Create a personal profile;
- Watch and comment on videos and live webinars;
- Communicate with other users with whom you are connected through the CMA NXT Platform;
- Search for work experience opportunities on the job board and contact employers who have given their consent to be contacted by job seekers, and;
- Have access to content and other services that we offer to individual users through our partnerships with third parties, including peer-to peer learning opportunities and mentorship opportunities.
The CMA NXT Platform is integrated with or may otherwise interact with third-party providers of platforms, websites and services. These third-party providers may have their own terms and conditions of use and privacy policies and your use of their services will be governed by and subject to their terms and conditions and privacy policies. You understand and agree that the CMA does not endorse and is not responsible or liable for the behavior, features, or content of any third-party provider or for any transaction you may enter into with them, nor do we warrant the compatibility or continuing compatibility of the third-party platforms with the CMA NXT Platform.
We may provide, or third parties may provide, links to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for, nor do we endorse them. You acknowledge and agree that the CMA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties that you connect with while using the CMA NXT Platform are between you and the third party, and you agree that the CMA NXT Platform is not liable for any loss or claim that you may have against any such third party.
Service Limitations and Disruptions
We may make changes to the services we offer and we may terminate any or all of these services at any time, without any notice to you and without any compensation to you. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of service.
We do not guarantee that the CMA NXT Platform will function without disruptions, delays or errors, and we may temporarily suspend your use of the CMA NXT Platform, in whole or in part, so that we can perform maintenance and upgrades. We have no responsibility to you for any damages you may suffer as a result of any such disruptions, delays or errors.
User Generated Content and Interactions
We do not monitor or take responsibility for verifying the identity of any user of the CMA NXT Platform.
We do not monitor or take responsibility for verifying the authenticity, reliability or validity of information or content included in user profiles or work experience postings; any information, content or communication that you may receive from other users of the CMA NXT Platform or employers; or any other material displayed by users on our website, which are solely the responsibility of those who provide them. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
We may, but have no obligation to, investigate or remove posted content or communications we deem to be in violation of the terms and conditions outlined in this Agreement.
If a user initiates a connection or accepts an invitation to become connected with another user or an employer on the CMA NXT Platform, or in any subsequent interactions between them, we have no responsibility for any consequences of or following from any user decision, communication or other interaction.
You acknowledge and agree that any feedback, ideas or other information relevant to the CMA NXT Platform that you provide to us are entirely voluntary, not confidential and we may use and disseminate them for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Termination or Suspension of Accounts
We may, at our discretion and without notice, with or without cause, suspend or terminate your access to the password-protected areas of the CMA NXT platform. If we do so, we will notify you by email or at the next time you attempt to gain access to your account. If your account has been suspended or terminated by us, you may not create another account without our express written consent.
Intellectual Property Rights
The CMA holds all rights with respect to content and features of the CMA NXT Platform, with the exception of second and third-party logos and other information that may be provided to CMA through arrangements with those parties.
You acknowledge and agree that the CMA NXT Platform may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the CMA, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works on, the CMA NXT Platform, in whole or in part, except that the foregoing does not apply to your own personal information and content that you legally post on the platform. In connection with your use of the CMA NXT Platform, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the CMA NXT Platform other than as specifically authorized herein is strictly prohibited. The technology and software underlying the CMA NXT Platform or distributed in connection with the Platform are the property of the CMA, our affiliates and our partners, as applicable. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the technology and software.
Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the CMA NXT Platform and the CMA will have no liability or responsibility with respect to these interactions.
YOUR USE OF THE CMA NXT PLATFORM IS AT YOUR SOLE RISK. WE AND OUR THIRD-PARTY PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE AUTHENTICITY, RELIABILITY, AVAILABILITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CMA NXT PLATFORM OR ANY USER, OPPORTUNITY, INFORMATION, CONTENT OR COMMUNICATION YOU MAY COME INTO CONTACT WITH OR RECEIVE THROUGH USE OF THE CMA NXT PLATFORM. WE DO NOT WARRANT THAT (I) THE CMA NXT PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE CMA NXT PLATFORM WILL PROVIDE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THAT OUR WEBSITE, CONTENT AND WEBSITE SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Indemnity and Release, Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CMA NXT PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE CMA, ITS AFFILIATED THIRD-PARTIES, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL LOSSES, DAMAGES, EXPENSES, INCLUDING WITHOUT RESTRICTION REASONABLE LEGAL FEES, RIGHTS, CLAIMS, ACTIONS OF ANY KIND AND INJURY (INCLUDING DEATH) ARISING OUT OF OR RELATING TO YOUR USE OF THE CMA NXT PLATFORM, YOUR VIOLATION OF THIS AGREEMENT, OR RESULTING FROM THE ACTIONS OF OTHER USERS OR THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES.
If any part of this Agreement is found void or unenforceable, it will not affect the validity of the balance of the Agreement. The balance of the agreement will remain valid and enforceable according to its terms and conditions.
The failure or delay of the CMA to insist upon adherence to any term of this Agreement on any occasion shall not be considered a waiver of our rights or deprive us of the right to insist upon your adherence at a later time to that term or any other term of this Agreement.
Your rights and obligations under this Agreement (in whole or in part) may not be transferred to any other person or organization without our prior express written consent. We may assign our rights or obligations under this Agreement (in whole or in part) to any third party without any notice to you.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Ontario and of Canada. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties irrevocably attorns to the jurisdiction of the courts of Ontario, without regard to choice or conflicts of law principles.
You agree to the use of electronic communications for entering into this Agreement with us, for creating other records and for us to deliver notices and other communications to you. The CMA will seek your consent and abide by legal requirements under Canada’s Anti-Spam Law (CASL) when sending you commercial electronic messages.
You hereby acknowledge that you have read this Agreement, understand it, and agree to be legally bound by it.
CMA NXT, Canadian Marketing Association
55 University Avenue, Suite 603
Toronto, ON M5J 2H7