Terms of use
HEART AND STROKE FOUNDATION OF CANADA
TERMS AND CONDITIONS OF USE
Please read the following carefully.
IMPORTANT! These Terms of Use govern your use of this website (“Site”), our products and our services (the Site, products and services collectively being, the “Services”) which are owned, operated and provided by the Heart and Stroke Foundation of Canada, its affiliates, including Heart and Stroke Foundation of B.C. and Yukon, Heart and Stroke Foundation of Alberta, NWT and Nunavut, Heart and Stroke Foundation of Ontario, Heart and Stroke Foundation of Quebec, Heart and Stroke Foundation of Nova Scotia and Heart and Stroke Foundation of Prince Edward Island Inc. and the Heart and Stroke Foundation of New Brunswick (collectively, “HSF” or “we” or “our"). Please read these Terms of Use carefully before using our Services. Any person who wishes to use our Services must accept these Terms of Use without change. BY USING OUR SERVICES, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE, INCLUDING THE PRIVACY POLICY, AS INDICATED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE.
These Terms of Use or any other policies or guidelines governing our Services are subject to change by HSF at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on our Site. Your use of our Services will be subject to the most current version of the Terms of Use posted on our Site at the time of such use. Your continued use of our Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF OUR SERVICES.
- Your Registration Obligations
We may at times require that you register and/or set up an account to use certain portions of our Services. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site, if available. In order to change information about your program registration, including program registered for, date of participation in program, or responses to the additional questions completed upon registration, you must submit a “Contact Us” form online and HSF will contact you to address the issue. If HSF believes that the Registration Information you provide is not correct, current, or complete, HSF reserves the right to refuse you access to its Services. However, HSF has no obligation to verify the accuracy, currency, completeness or usefulness of any Registration Information that you have provided to our Services.
You must be at least eighteen (18) years old to use the registered Services. If you are under the age of eighteen (18), your parents or guardians must provide consent for you to use the specific Services. Your use of the registered Services is a representation to HSF that you are at least eighteen (18) years of age or have parental or guardian consent. You agree to cooperate with HSF’s reasonable measures to verify your identity and authority, including confirming the consent your from parents or guardians, in connection with your use of the Services.
If you are accessing our Services on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (the “Company”), by accessing our Services, that Company accepts these terms and you warrant that you are authorized to accept these terms on behalf of such Company. - User ID/Password
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
When using eTools on our Site, you may pick a user name which we use to identify you in our systems and which will appear beside any comments you post in the eTools. Your comments and user name may be visible to other eTools users where sharing functionality exists.
You may be required to change your password on a regular basis in order to reduce the potential for unauthorised third party use. If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available, or contact us using the online “Contact Us” form. HSF will not be responsible for the unauthorized use of your profile by any other person.
If HSF cancels your username or password for any reason, you must not reregister with HSF without HSF’s prior written consent. In the event that you reregister without HSF’s prior written consent, HSF will have the right, in its sole discretion, to cancel your username and password without notice to you.
If at any time you want to delete some or all of the content that you posted or otherwise made available on the Site, please contact us through the online “Contact Us” form. - Restrictions On Use
You may use our Services for your own personal, non-commercial use, and you may not use our Services for any other purpose without HSF’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand our Services; (ii) frame our Site; or (iii) hyperlink to our Site, without the express prior written permission of an authorized representative of HSF. For purposes of these Terms of Use, “co branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services or which may confuse a user as the nature of the relationship between any party and HSF. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from HSF and at all times you will cooperate with HSF following HSF’s discovery of any such illegal activity. - User Content
(a) By using our Services, you may have the opportunity to post your own content (such as text, images and other materials), comments or inquiries (collectively, “User Content”) on our Site, including but not limited to, our eTools, message boards, chat rooms, recipes webpage and blog. Any User Content you provide for display on the Site is considered non-confidential. Please read section 8 of these Terms of Use for additional information about posting User Content.
(b) When you access certain features on our Site that allow you to post and communicate with other users, we urge you not to share any personal information, confidential information or any other information that you would not want to share with the general public. Although most people on the Site are here for help and support, there may be untrustworthy people out there who may not have the best intentions. Please proceed with caution.
(c) You agree to only post User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to post such User Content on our Site. You grant HSF a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable license to use, reproduce, publicly perform, publicly display, publish, distribute, and create derivative works of any User Content. We acknowledge and agree that you will own all proprietary right, title and interest in your own User Content.
(d) We may, but have no obligation to, review User Content before it is posted and we may refuse to post any User Content for any reason in our sole discretion. Additionally, we may, but we have no obligation to, monitor User Content already posted on the Site. We may, but have no obligation to, edit or remove any User Content that we, in our sole discretion, determine to violate any applicable law, these Terms of Use, or the purpose of our Services, or that we determine to be offensive or inappropriate or for any other reason in our sole discretion. - Proprietary Information
(a) The entire contents of the Site, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation (“HSF Content”) is protected under Canadian copyright, trademark, competition and other laws of Canada and other nations, and is owned by HSF or has been licensed to HSF. User Content is owned by the person who posted the information on the Site or the third party licensor, as the case may be.
(b) By using our Services, HSF may provide you with documents, information and resources(“Documentation”) owned by HSF or licensed to HSF which are protected under copyright, trademark, patent and other intellectual property rights. All content in the Documentation, including the collection, arrangement, and assembly of such content, is the exclusive property of HSF or licensed to HSF. You are granted a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Documentation located on the Site for personal, non-commercial and not-for-profit use only. The Site is made available to you for your lawful, personal use only. You may print pages from the Site for your personal, non-commercial use only, provided that you do not modify any of the Documentation and you do not remove or alter any visible or non-visible identification, marks, notices, disclaimers or other HSF Content.
(c) Except as described in these Terms of Use, you may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, , without the prior written consent of HSF. To request such written consent from HSF, please email us at permissions@hsf.ca. We may refuse to provide you with such consent for any reason in our sole discretion. - You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of HSF or allow any third party to access the Documentation. The restrictions set out in these Terms of Use shall not apply to the limited extent the restrictions are prohibited by applicable law. Nothing contained in this Site and provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, logo or any other intellectual property. Third Party Content
(a) We may at times accept financial support from organizations dealing in commercial products or services and as a result, we may reference such organizations and their commercial products or services through our Services. Any such references do not constitute an endorsement or recommendation by HSF of these organizations or their commercial products or services.
(b) Our Services may also contain information or materials (“Third Party Content”) that are owned or provided by persons other than HSF (“Third Party Providers”). HSF makes no representations and warranties with respect to any such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers with our Services does not mean, unless expressly stated otherwise, that HSF endorses or agrees with such Third Party Content.
(c) You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
(d) You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use. - Hyperlinks
Our Services contain hyperlinks to other sites that are not maintained by, or related to, HSF. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by HSF of, any affiliation with or endorsement by the owner of the linked site. HSF has no control over such third party sites. HSF is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Services. Use of such third party sites, including any information, links, commercial transactions, materials, products and services therein, is solely at your own risk. You also understand and agree that HSF’s Privacy Policy [heartandstroke.ca/privacy-policy] is applicable only while you are using our Services. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information. - Use of our Services and Communication Guidelines
(a) HSF expects that you will access and use our Services in a responsible manner in accordance with applicable laws and treat all users of the Site (the “Users”) lawfully and respectfully when posting User Content and interacting with Users through the Site. By using our Services, you may also have the opportunity to engage in dialogue with HSF representatives (i.e. employees and volunteers) by email, phone, at the HSF office or at HSF events. Any questions, comments and other information (collectively, “Information”) communicated to HSF representatives, whether by email, phone or in-person and any User Content posted on the Site must not be obscene, illegal, threatening, embarrassing, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, an invasion of privacy, an infringement of third party intellectual property or privacy rights, or otherwise injurious to third parties.
(b) You further agree that you shall use our Services for lawful purposes only and represent and warrant that you will not use our Services to:
(i) E-mail, post, provide, communicate or otherwise transmit (“Transmit”) any Information or User Content that you do not have a right to Transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) Transmit any Information or User Content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(iii) Collect, store, distribute, post, revise or delete any User Content or other personal information of other Users without their express consent;
(iv) Transmit any Information or User Content known by you to be false, inaccurate or misleading;
(v) Transmit any Information or User Content that is intimate, private or that you would not want the public to view or have access to;
(vi) Transmit any Information or User Content that contains the personal health information of other identifiable individuals without their express consent;
(vii) Transmit any health card information, including the number, the version code or both;
(viii) Post any User Content that associates HSF with any company, product or service that is contrary to any HSF policies or may harm the reputation of HSF or any HSF programs, including without limitation, any tobacco-related product or company;
(ix) Impersonate any person or entity or misrepresent your affiliation with any other person or entity, including without limitation, using a false email address or misleading HSF as to your identity;
(x) Transmit any Information or User Content that violates the legal rights of others or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
(xi) Transmit any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(xii) Upload, e-mail, send via the Internet, provide us with, or otherwise transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any HSF or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(xiii) Interfere or attempt to interfere with or disrupt our Services including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Services;
(xiv) Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at HSF’s computer systems or otherwise, create unreasonable load upon any of HSF’s computer hardware, network, storage, input/output or electronic control devices;
(xv) Remove any proprietary notices or labels, or any promotional or advertising material, from our Services;
(xvi) Use our Services for any public or commercial purposes, without the express prior written permission of HSF;
(xvii) Intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Services;
(xviii) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any of our Services, including but not limited to any portion of our Site; or
(xix) Rebroadcast, retransmit or redistribute any HSF Content or Documentation without the express prior written permission of HSF. - Online Payments
(a) HSF offers an online donation service which allows you to make a donation to HSF through our Site. We offer different methods for online donations including, but not limited to, single credit card payments and pre-authorized debit withdrawals (e.g., for monthly donations). From time to time you may also purchase products or services from HSF on our Site (“Products”). All orders and purchases made through our Site are subject to the following conditions:
(i) You are agreeing to and entering into a complete and binding contract with HSF. You are responsible for providing complete and accurate billing and contact information to us and for notifying us of any changes to such information through the online Contact Us form.
(ii) All prices listed on this Site are in Canadian dollars and all charges will be processed in Canadian dollars, unless stated otherwise.
(iii) While HSF takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. HSF may correct errors or inaccuracies and change or update information on the Site at any time without notice, including in respect of prices and availability of Products.
(iv) You may only purchase or order Products for non-commercial and lawful purposes and any other use is not permitted, unless you have received prior written consent from HSF.
(v) The online order form, Product form, invoice or otherwise specific agreement that is used by HSF at the time of purchase (the "Order") will specify the Products that you are purchasing from HSF.
(vi) You must be 18 years of age or older to purchase Products from the Site.
(vii) If you are purchasing Products with a Company credit card, you must be an authorized representative of the Company. If the products are for a child under 18 years of age, you represent and warrant that you are the parent or legal guardian of the child for whom the Products are purchased.
(viii) You agree to pay for all charges noted in your Order as payable by you.
(ix) Any items purchased on this Site will not be delivered to an address outside of Canada.
(x) HSF reserves the right to limit the quantities of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if HSF believes that a consumer’s conduct contravenes applicable law or is harmful to the interests of HSF or its representatives, agents, contractors, suppliers or licensees.
(xi) HSF will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, HSF will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, HSF will notify you as soon as possible.
(xii) If any Product listed or shown for purchase through the Site is no longer available in HSF’s inventory, the Site will display a warning message to alert consumers as soon as feasible.
(xiii) If you are not satisfied with your purchase and wish to exchange it or return it, please see our return and refund policy on our Site for further information about returns and refunds. - Our online payment service for donations and Products is controlled and operated by a third party provider (“Third Party Payment Service”). If you have any questions or concerns about our Third Party Payment Service, you can contact [donorinfo@heartandstroke.ca] at the following address, phone number and email address: [2300 Yonge Street, Toronto, ON, M491E4, 1-877-882-2582]
- Products
HSF strives to provide accurate descriptions of the Products displayed on the Site and will use commercially reasonable efforts when providing descriptions of a Product offered on the Site. For Products that are as described on the Site, your right to return any such Product shall be pursuant to our return and refund policy available on our Site at the time of purchase. - Privacy Policy
Please click here to read and review HSF’s Privacy Policy [heartandstroke.ca/privacy-policy], which describes HSF’s privacy policies and practices in detail, as such statement may be amended from time to time by HSF. HSF advises you to check the Privacy Policy [heartandstroke.ca/privacy-policy] on a frequent basis for changes. You hereby consent to the use of your personal information by HSF in accordance with the terms and for the limited purposes set forth in the Privacy Policy [heartandstroke.ca/privacy-policy]. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to HSF’s Privacy Policy [heartandstroke.ca/privacy-policy]. - Disclaimer of Warranties/Limitation of Liability
(a) HSF does not provide any medical advice. Additionally, our Services are not for emergency use. If you or anyone you know require medical emergency assistance, please contact your local emergency services (i.e. 911) or go to the nearest hospital.
(b) You understand that any research findings, advice, recommendations and information in our Documentation, in our eTools features, on the Site or otherwise available through our Services, is for informational purposes only and does not replace or substitute for any professional medical, naturopathic, scientific or other advice. We cannot and do not guarantee or promise any specific or intended results or benefits from our Services, including but not limited to any benefits to your or someone else’s health. We recommend that you consult with a qualified physician or healthcare professional for medical advice, diagnosis and treatment options and other medical answers regarding your personal health. You acknowledge that any reliance on the Services will be at your own risk and that you must evaluate and bear all risks associated with the use of our Services, including any reliance on the accuracy, completeness or usefulness of such Services.
(c) Any opinions and comments in User Content represents the views and opinions of the person that posted such User Content and in no way represent the views and opinions of HSF.
(d) HSF does not warrant or represent that files or information available for access or downloading from the Internet, hyperlinked sites or our Site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SERVICES.
(e) YOUR USE OF OUR SERVICES AND DOCUMENTATION IS AT YOUR OWN RISK. OUR SERVICES AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HSF EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE FOR OUR SERVICES OR DOCUMENTATION. HSF MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY, APPROPRIATENESS, CURRENCY, BENEFITS OR USEFULNESS OF OUR SERVICES OR DOCUMENTATION FOR YOUR PURPOSES. FOR GREATER CLARITY, HSF DOES NOT REPRESENT OR WARRANT THAT: (I) OUR SERVICES OR THE USE OF OUR SERVICES WILL BE UNINTERRUPTED, FUNCTIONAL, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) ANY DEFECTS IN OUR SERVICES OR DOCUMENTATION WILL BE CORRECTED; (III) ANY INFORMATION ON OUR SITE, IN OUR DOCUMENTATION OR OTHERWISE AVAILABLE THROUGH OUR SERVICES IS MEDICAL ADVICE, A SUBSTITUTE FOR MEDICAL ADVICE, ENDORSED BY A MEDICAL PROFESSIONAL OR SCIENTIFIC RESEARCHER, ERROR-FREE, BENEFICIAL, RELIABLE, ACCURATE, EVIDENCE-BASED, COMPLETE, CURRENT, APPROPRIATE OR PREDICTABLE OF GOOD OR IMPROVED HEALTH; (IV) ANY RESULTS OBTAINED BY YOU FROM USING OR RELYING ON OUR SERVICES WILL BE POSITIVE, ACCURATE, ERROR-FREE, OR WILL MEET YOUR EXPECTATIONS OR BE SATISFACTORY; (V) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT; (VI) USER CONTENT WILL BE RESPECTFUL, APPROPRIATE, TRUTHFUL, ACCURATE OR IN FULL COMPLIANCE WITH THESE TERMS OF USE; (VII) THE THIRD PARTY PAYMENT SERVICE WILL BE SECURE, FUNCTIONAL OR ERROR-FREE; (VIII) ANY PICTURES OR DESCRIPTIONS OF PRODUCTS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE; OR ( IX) THE QUALITY AND CONTENT OF OUR SERVICES AND PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. OUR SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HSF MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME.
(f) IN NO EVENT SHALL HSF, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, VOLUNTEERS, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS (“ASSOCIATED PERSONS”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, DAMAGE TO HEALTH, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OF OR RELIANCE ON ANY INFORMATION PROVIDED BY HSF OR ANY USER CONTENT IN CONNECTION WITH OUR SERVICES AND DOCUMENTATION; (II) YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION YOUR TERMINATION OR SUSPENSION OF OUR SERVICES; (III) YOUR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS; (IV) ANY FAILURE OF PERFORMANCE OF OUR SERVICES, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (V) THE UNAUTHORIZED USE OF YOUR ACCOUNT AND PASSWORD BY ANY PERSON; (VI) ANY ACTION TAKEN BY HSF DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HSF OR LAW ENFORCEMENT AUTHORITIES; (VII) YOUR FAILURE OR INSUFFICIENT TIMING TO SEEK MEDICAL ADVICE FROM A MEDICAL PROFESSIONAL OR TO SEEK MEDICAL ASSISTANCE DURING A MEDICAL EMERGENCY; (VIII) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES, INCLUDING WITHOUT LIMITATION, ANY INFORMATION, DATA, OPINIONS, OR ADVICE CONTAINED IN SUCH THIRD PARTY CONTENT OR HYPERLINKED SITES; (IX) YOUR USER CONTENT OR OTHER INFORMATION THAT YOU TRANSMITTED OR SHARED WITH OTHER USERS OR THE PUBLIC THROUGH OR IN CONNECTION WITH OUR SERVICES ; OR (X) ANY OTHER MATTERS RELATING TO OUR SERVICES, DOCUMENTATION AND PRODUCTS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT HSF HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
(g) HSF DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. - Indemnity
You agree at all times to defend, indemnify and hold harmless HSF, its employees, volunteers, contractors, agents, officers, directors, members, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Services, our Documentation or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Services. - System Security
You are prohibited from using any services or facilities provided in connection with our Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. HSF reserves the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing HSF to disclose the identity of anyone believed to be violating these Terms of Use. - Applicable Law
These Terms of Use and any action related thereto or related to our Services shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of our Services will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Services is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Services in any such circumstances. - Termination
You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use our Services or Documentation. You agree that this agreement can only be terminated by you once you have stopped using our Services and Documentation. HSF reserves the right to suspend or terminate your use of our Services and Documentation and remove any User Content from the Site at any time, for any reason, with or without cause, without prior notice or explanation, if HSF believes that you are violating these Terms of Use in any way. If you wish to terminate your account, you many choose to cease your use of the Site or, for eTools, go to your account settings and cancel your account, or for a program-related account, contact HSF through the “Contact Us” form. Note that unless you request otherwise, upon termination, HSF will retain your personal information in a secure database. If you are dissatisfied with our Services, including these Terms of Use, your sole remedy is to discontinue using our Services. - Entire Agreement
These Terms of Use and any other legal notices, policies and guidelines of HSF linked to these Terms of Use constitute the entire agreement between you and HSF relating to your use of our Services and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on our Site. - No Agency; Third Party Beneficiary
HSF is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and HSF. - Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of HSF. - Severability
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. - No Waiver
HSF will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by HSF. No delay or omission by HSF in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. HSF’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of HSF’s right to subsequently enforce such provision or any other provisions of these Terms of Use. - Headings
The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use. - Last Modified
These Terms of Use were last modified on November 1, 2016.
