Website Terms and Conditions of Use

(1) Introduction

Welcome to the Horticultural Technician/Landscape Horticulturist Apprenticeship website, operated by Landscape Ontario (LO).

This website is provided solely for informational purposes by LO, and its use by you is conditional on your acceptance of the terms and conditions of use set forth below (“Terms and Conditions”).

By accessing or using any part of Horticultural Technician/Landscape Horticulturist Apprenticeship website including without limitation your accessing, using and/or downloading text, images, information, listings, messages, products, services or other content offered by or through this website (collectively the “Content”), or your sending messages, information, data, text, software or images, or other materials to Horticultural Technician/Landscape Horticulturist Apprenticeship website (“Materials”), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these Terms and Conditions. If you are dissatisfied with any portion of Horticultural Technician/Landscape Horticulturist Apprenticeship website or with any of these terms of use, your sole remedy is to discontinue using Horticultural Technician/Landscape Horticulturist Apprenticeship  website.

These terms and conditions of use may be changed at any time by LO  without notice. Your continued access and use of this website will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check these terms and conditions periodically for any changes.

(2) Liability & Disclaimers

The information provided on the Horticultural Technician/Landscape Horticulturist Apprenticeship website (the “Site”) is provided on an “As Is” basis and for general informational purposes only.

Horticultural Technician/Landscape Horticulturist Apprenticeship website makes no representation or warranty of any kind regarding any information, materials, tools, or other documents, which are on, or referenced by, or linked from, the Horticultural Technician/Landscape Horticulturist Apprenticeship website, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, completeness, fitness for a particular purpose, or non-infringement of proprietary rights.

LO shall not be responsible or liable, directly or indirectly, for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability or decency of any information, advice, content, service, product or merchandise contained on the Horticultural Technician/Landscape Horticulturist Apprenticeship website  or in sites linked to or from the Horticultural Technician/Landscape Horticulturist Apprenticeship website.

Under no circumstances will  LO or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensors, or any other party involved in creating, producing, or distributing Horticultural Technician/Landscape Horticulturist Apprenticeship content be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to loss of profits, goodwill, use data or other intangible losses) that result or arise from:

1. the use of and reliance on the Horticultural Technician/Landscape Horticulturist Apprenticeship website or the information thereon, 
2. the inability to use any of the Horticultural Technician/Landscape Horticulturist Apprenticeship website, 
3. mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to the Horticultural Technician/Landscape Horticulturist Apprenticeship website, including without limitation those that result from acts of god, communications failure, theft, destruction, or unauthorized access to Horticultural Technician/Landscape Horticulturist Apprenticeship website records, programs, or services, 
4. merchandise, products, or services received through or advertised on Horticultural Technician/Landscape Horticulturist Apprenticeship website and merchandise, products, or services received through or advertised on any links provided on Horticultural Technician/Landscape Horticulturist Apprenticeship website,
5. information or advice received through or advertised on Horticultural Technician/Landscape Horticulturist Apprenticeship website  and information or advice received through or advertised on any links provided on Horticultural Technician/Landscape Horticulturist Apprenticeship website website and 
6. any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or otherwise distribute using Horticultural Technician/Landscape Horticulturist Apprenticeship website.

This site acts as a venue, among other things, for Recruiters and Employers to post employment opportunities.

LO does not screen or censor the listings offered. As a result, Horticultural Technician/Landscape Horticulturist Apprenticeship website has no control over the quality, safety or legality of the jobs or other posted listings, the truth or accuracy of the listings, the ability of Recruiters or Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any posting or other Materials placed by you, as applicable on the Site.

Horticultural Technician/Landscape Horticulturist Apprenticeship website shall not be responsible for any employment or volunteer decisions, for whatever reason made, by any entity posting jobs or reading job postings on this Site.

Because user authentication on the Internet is difficult, Horticultural Technician/Landscape Horticulturist Apprenticeship website cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release Horticultural Technician/Landscape Horticulturist Apprenticeship website and/or Landscape Ontario (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Horticultural Technician/Landscape Horticulturist Apprenticeship website is under no legal obligation to, and generally does not, control the Materials provided by other users which are made available through this site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Horticultural Technician/Landscape Horticulturist Apprenticeship website does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of this Site and the Content is at your own risk.

This Site contains materials, data and information which is provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that Horticultural Technician/Landscape Horticulturist Apprenticeship website shall have no liability whatsoever for any such third party material, data or information.

Certain links on this Site may take you to other websites. Horticultural Technician/Landscape Horticulturist Apprenticeship website provides these links only as a convenience. Horticultural Technician/Landscape Horticulturist Apprenticeship website is not responsible for the content of any such linked pages. Horticultural Technician/Landscape Horticulturist Apprenticeship website makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. If you use these sites, you will leave  the Horticultural Technician/Landscape Horticulturist Apprenticeship website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

Horticultural Technician/Landscape Horticulturist Apprenticeship website may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Site; (ii) adding, removing or changing any fees or charges for use of this Site or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site. Horticultural Technician/Landscape Horticulturist Apprenticeship website reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any posting or other Materials placed by you, as applicable on this Site.

Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.

 LANDSCAPE ONTARIO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  LANDSCAPE ONTARIO DO NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.

(3) Agreement to Privacy Policy

You agree to abide by the Horticultural Technician/Landscape Horticulturist Apprenticeship website privacy policy, a copy of which is accessible from the home page of this Site. https://horticulturetechnician.ca/privacy/

(4) Choice of Law

This Site is controlled, operated and administered by Landscape Ontario from its offices within Canada. Horticultural Technician/Landscape Horticulturist Apprenticeship website makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Ottawa or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

(5) Arbitration

Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.

Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

(6) General

1. Except as expressly provided in additional terms of use for specific areas of the Sites, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between Horticultural Technician/Landscape Horticulturist Apprenticeship website and you with respect to the subject matter hereof;
2. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises;
3. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect;
4. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party;
5. The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default;
6. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

(7) Additional Terms of Use

Certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Comments, Suggestions or Feedback

If you have any comments, concerns or suggestions about how we could improve our website and content, please contact us. Thank you for your interest.