QUEERTECH ACADEMY – ACCESS 2022 (COHORT 1) PROGRAM AGREEMENT
AGREEMENT: This agreement regarding the online Program services (hereinafter referred to as the "Agreement") is entered in accordance with the provincial and federal laws by and between Regroupment LGBT en Technologie dba QueerTech, a not-for-profit corporation registered under Part 3 of the Companies Act, RLRQ, c C-38 (hereinafter referred to as the "Program Provider") and you, defined below, as a participant or attendee of the online Program, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference herein. This Agreement governs your attendance and/or participation in the online Program.
Article I - DEFINITIONS
The Parties referred to in this Agreement are defined as follows:
1) Program Provider: We, the Program Provider, as creator and operator of the online Program, are responsible for the public provision of the online Program. The Program Provider, we, us, our and other first-person pronouns shall refer to the Program Provider, and, where applicable, all employees and affiliates of the Program Provider.
2) Program Participant or Program Mentor: You, as a participant or mentor in the online Program, will be referred to throughout this Agreement by second-person pronouns such as you, your or as a participant. The use of the masculine gender has been adopted for ease of reading and has no discriminatory intent.
3) Parties: Collectively, the parties to this Agreement (we, the Program Provider, and you, the Program Participant) shall be referred to as the "Parties" and individually as the "Party".
The details of the webinar series are as follows:
1) Name of Program: QueerTech Academy – Access 2022 – Cohort 1
2) Description of the Program:
QT Access is a nine-week part-time program to help queer people build their confidence, resilience and career path to thrive in the innovation economy. The program provides participants with exposure to the hiring process to equip them with the skills and tools they need to enter the tech industry. QueerTech also provides them with mentorship during and after the program to ensure they have the support they need to succeed.
3) Total fees for Program Participants: forty-nine Canadian dollars ($49)
4) URL of the Program: https://www.queertech.org/qt_access_participant_page
5) Details of Program dates and times:
Every Tuesday from Wednesday, February 15, 2023, through April 12, 2023
from 6:00 - 8:00 pm Eastern time
Article II - CONSENT
By attending, participating, or mentoring in this program, you warrant that you have read and reviewed this Agreement and agree to be bound by it. If you do not agree to be bound by this Agreement, please do not attend or participate in the webinar series or discontinue your attendance and participation, if ongoing. The Program Provider agrees to provide the webinar series to you only if you consent to this Agreement.
Article III - AGE RESTRICTIONS
You must be at least 19 years old to attend or participate in the webinar series. By attending or participating in the webinar series, you represent and warrant that you are at least 19 years old. The Program provider assumes no responsibility for any misrepresentation of your age.
Article IV - REFUNDS
Refunds are not available for the Program.
Article V - LICENSE OF ACCESS AND USE OF MATERIALS
We may provide you with certain information, documents, written materials, graphics or any combination thereof (the "Materials") as a result of your participation in the webinar series. The Materials have been developed by the Program Provider. Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, revocable license to use the Materials solely in connection with your participation in the online Program. The Materials may not be used for any other purpose. You may not share or sell the Materials with others. You may not publish the Materials online. You shall not reproduce or transmit, in any form, whether electronically, by photocopy, by recording, or otherwise, any Materials. You may only and exclusively view the Materials for your personal use.
Article VI - ONLINE PROGRAM CONDITIONS
At the end of the webinar series, participants will receive a certificate attesting to your participation and completion of the webinar series if you meet the minimum expectations outlined under Article IX - Obligations.
We make no promises or warranties with respect to our webinar series or materials. You hereby acknowledge and agree to the following:
1) You are solely and exclusively responsible for the choices you make with respect to this webinar series, the Materials or any significant change in your professional or personal life;
2) You are solely and exclusively responsible for your own mental health, physical health, business decisions and any other action or inaction you choose to take;
3) We are not responsible for the results or lack of results or consequences that may result from your participation in the webinar series;
4) This webinar series does not constitute a therapeutic or medical relationship. There is no fiduciary relationship stemming therefrom. We do not provide therapeutic or medical services, and you are responsible for obtaining such services at your own discretion if required.
Article VII - PRESS RELEASE
You acknowledge and agree that during the online Program, you may be subject to photographs, videos, sound recordings or other media captures of your face, name, voice or likeness. In consideration of your participation in the webinar series, you hereby irrevocably consent to the use, publication, distribution, broadcast, reproduction, live streaming, editing, recording, posting, copyright, licensing, digitization and/or republication of the Released Media, as defined below, by the Program Provider, and all employees, affiliates, partners, representatives or agents (collectively, the "Release Receiver") for any lawful reason or purpose, including, but not limited to, social media, commercial products, education, materials, video footage, sales, marketing or any other media in any form whatsoever that has been or will be invented.
Released Media will include, but not be limited to, all photographs, videos, sound recordings, paintings, sculptures and all other media now known or hereafter developed, captured of you or your likeness during the webinar series by the Release Receiver.
You hereby release the Release Receiver from all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for breach of privacy, claims of publicity rights, defamation and/or any other intellectual property rights. You do not claim any ownership rights in the Released Media and waive any past or present right to register any copyright or trademark in the Released Media.
You consent to the use of this publication medium with the knowledge and understanding that your name, comments and other identifying factors may be revealed to the general public. However, the Release Receiver may not disclose your known or previously known location, e-mail or physical address, or other contact information, such as your telephone number, to any third party in any medium.
Article VIII - INTELLECTUAL PROPERTY
You agree that the Materials, the Online Program, all online properties owned by the Program Provider (such as websites, social media pages, etc.), and any other intellectual property so created is the property of the Program Provider, including all copyrights, trademarks, trade secrets, patents and other intellectual property ("Provider IP"). You agree that the Program Provider owns all right, title and interest in and to the Provider IP and that you will not use the Provider IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Service Provider's intellectual property in any manner whatsoever, including electronically or by registering new trademarks, trade names, service marks or URLs, without the express written permission of the Program Provider.
Article IX - OBLIGATIONS
As a participant in the webinar series, you will be asked to commit and fulfill the following obligations:
- Participants are expected to attend each 2-hour session for the duration of the Program as outlined in the Details and Program dates and times above. Missing 2 or more sessions may result in removal from the Program.
- Participants are expected to complete session prep and homework of approximately 1 hour each week.
- Participants are expected to create 1 piece of content (blog post, video, infographic) highlighting 1 key concept learned throughout the course and a reflection on their experience.
- Participants must complete their profile at https://queertech.getro.com/talent-network#content
Article X - PAYMENT & FEES
As indicated above, the total fees for the online Program are as follows: forty-nine Canadian dollars ($49).
The total fees are due and payable upon registration for the online Program.
If payment is not made before the first day of the online Program, you will lose your place in the online Program.
A payment plan and financial arrangements are available on a case by case basis. Please contact [email protected] to inquire.
Article XI - ACCEPTABLE USE
You agree not to engage in unacceptable situations, including but not limited to:
1) Harassing, abusing or threatening others or otherwise violating a person's legal rights;
2) Violating the intellectual property rights of the Program Provider or any other third party;
3) Perpetrating any fraud;
4) Engaging in or creating illegal gambling, lotteries or pyramid schemes;
5) Publishing or distributing any obscene or defamatory material;
6) Publishing or distributing any material that incites violence, hatred or discrimination against any group;
7) Illegally gathering information about others.
You agree to adhere to the Program Provider’s full Code of Conduct and Anti-Harassment Policy which can be viewed at https://www.queertech.org/anti_harassment_policy.
Article XII - NO LIABILITY
The webinar series is provided for information purposes only. You acknowledge and agree that any information received by you as a result of or through the webinar series, or in the Materials, is not intended to be legal, medical or financial advice, and that no fiduciary relationship has been created between you and us. You also agree that your participation in the webinar series is at your own risk. We assume no liability for any advice or other information given in the webinar series.
Article XIII - COMPENSATION
You agree to defend, indemnify and hold us harmless from and against any and all claims and legal demands, including reasonable legal fees, arising out of or relating to your participation in the webinar series, your violation of this Agreement, or your conduct or actions. You agree that we may choose our own legal counsel and participate in our own defense, if we choose to do so.
Article XIV - TERM, TERMINATION AND SUSPENSION
We may terminate this Agreement with you at any time, for any reason, with or without cause. We may also deny you access to any webinar series at our sole and exclusive discretion. In such event, any funds paid will be refunded to you. We specifically reserve the right to terminate this Agreement if you violate any of the terms and conditions set forth herein, including, but not limited to, infringement of our or a third party's intellectual property rights, failure to comply with applicable laws or other legal obligations, and/or publication or distribution of illegal materials. Upon the termination of this Agreement, all provisions that by their nature should survive termination will remain in full force and effect.
This Agreement will terminate at the end of the webinar series.
Article XV - NO WARRANTY
You agree that your participation in the webinar series is at your own risk and that the services we provide are provided on an "as is" basis. We hereby expressly disclaim all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We do not guarantee that the webinar series will meet your needs. We also do not warrant the reliability or accuracy of any information contained in the webinar series. You agree that any damage that may occur to you through your computer system, or as a result of the loss of your data during your participation in the online Program is your sole responsibility and that we are not liable for any such damage or loss.
Article XVI - LIMITATION OF LIABILITY
We are not responsible for any damages that may be caused to you as a result of your participation in the webinar series, to the fullest extent permitted by law, as stated above. The Program Provider's maximum liability arising out of or relating to this Agreement shall be limited to the greater of one hundred (100) Canadian dollars or the amount paid by you to us within the last six (6) months. This section applies to all of your claims, including, but not limited to, loss of profits or revenues, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind.
Article XVII - GENERAL PROVISIONS
1) Language: All communications or notifications made under this Agreement shall be in the English language.
2) Jurisdiction, Place and Choice of Law: By participating in the webinar series, you agree that the provincial and federal laws shall govern any matter or dispute arising out of or relating to this Agreement and any dispute of any kind that may arise between you and us, except for the conflict of law provisions. In the event of any dispute specifically authorized by this Agreement, the Parties agree to submit to the personal jurisdiction of the provincial and federal courts of the following county: Montreal, Quebec. The Parties agree that this choice of law, place and jurisdiction provision is not optional, but rather mandatory. You hereby waive any objection as to the venue, including the assertion of the inconvenient forum doctrine or similar doctrine.
3) Arbitration: In the event of any dispute between the Parties concerning or arising out of this Agreement, the Parties shall first endeavour to resolve the dispute personally and in good faith. If these attempts at personal resolution fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Montreal, Quebec. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no power to add Parties, modify the provisions of this Agreement, award punitive damages or certify a class. The arbitrator shall be bound by applicable and subsisting federal laws and provincial laws. Each Party shall bear its own costs and fees. Claims requiring arbitration under this section include, but are not limited to: contractual claims, claims in tort, claims based on federal and provincial law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this subsection, be the subject of litigation. The Parties, in accordance with this subpart of this Agreement, waive any right they may have to a jury trial with respect to claims for arbitration.
4) Assignment: This Agreement, or any rights granted hereunder, may not be assigned, sold, leased or otherwise transferred, in whole or in part, by you. If this Agreement or the rights granted hereunder are assigned, sold, leased or otherwise transferred by the Programs Provider, the Programs Provider's rights and responsibilities shall apply to all assignees, administrators, successors and executors.
5) Severability: If any part or sub-part of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remaining parts and sub-parts shall be enforced to the maximum extent possible. As such, the remainder of this Agreement shall remain in full force and effect.
6) No Waiver: Failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that or any other provision. The waiver of any part or sub-part of this Agreement shall not constitute a waiver of any other part or subpart.
7) Titles of convenience only: The headings of the parts and sub-parts of this Agreement are for convenience only. The headings do not affect the meaning of the provisions of this Agreement.
8) No Agency, Partnership or Joint Venture: No agency, partnership or joint venture has been created between the Parties as a result of this Agreement. Neither Party has the authority to bind the other Party to third parties.
9) Act of God: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
10) Permitted Electronic Communications: Electronic communications are permitted to both Parties under this Agreement, including electronic mail or facsimile. If you have any questions or concerns, please email us at [email protected] You can also find us at the following URL address: www.queertech.org.