Terms of Reference

1. Introduction 

The following sets out the terms and conditions of use (the “Terms of Use”) for our website https://easterseals.ab.ca/ (the “Site”) made available by EASTER SEALS ALBERTA SOCIETY (“Easter Seals”, “we”, “us” or “our”). 

The purpose of the Site is to provide information, products, and services relating to Easter Seals’ mission to foster inclusion, independence and recreation for individuals with disabilities and medical conditions, including information about programs, services, resources and initiatives.  The contents of the Site include, without limitation, information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics, proprietary methodologies, program information, participant information, and other proprietary and confidential information contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.  

By accessing or using the Site, you agree that these Terms of Use constitute a legally binding agreement between you and Easter Seals regarding your use of and access to the Site. These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Easter Seals, unless otherwise agreed to in writing by Easter Seals.  If you breach any of these Terms of Use, your authorization to use the Site may be terminated by Easter Seals in its sole discretion and you must immediately destroy any Contents in your possession and discontinue all use of the Site. Easter Seals reserves the right to pursue all legal remedies for any breach of these Terms of Use, including but not limited to injunctive relief, monetary damages, and recovery of legal fees and costs. 

2. Provision of the Site 

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.  You acknowledge and agree that Easter Seals may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at our sole discretion.  You may stop using the Site at any time.  You do not need to inform us when you stop using the Site or any of its features. 

3. Use of the Site 

Your use of the Site is subject to all applicable local, provincial, and federal laws and regulations.  You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:  

1. be obscene, fraudulent, defamatory, libelous, indecent, discourteous, offensive, harassing, threatening, abusive, pornographic or discriminatory;  

2. affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site; 

3. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;  

4. transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; 

5. modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user; 

6. advocate or encourage any illegal activity; 

7. infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Easter Seals or any third party; 

8. violate the privacy of any individual, including users of the Site; 

9. violate any applicable local, provincial or national laws or regulations; 

10. use any automated means, including robots, crawlers, scrapers, or data mining tools to access, monitor, extract, or copy any portion of the Site or Contents;  

11. use the Site or Contents for any competitive purpose or for the benefit of any competitor of Easter Seals; 

12. replicate, reverse engineer, decompile, or otherwise attempt to derive the structure, methodology, or organization of the Site or Contents; or  

13. remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Site or Contents. 

Unless you have been specifically permitted to do so in a separate written agreement with Easter Seals, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents, our analysis or reports, or any of our products and services for any purpose. You agree that you are solely responsible for (and that Easter Seals has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach. 

4. Accepting the Terms of Use and Additional Terms 

By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and accept all of the terms and conditions contained herein.  Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.  We reserve the right to amend, modify and supplement these Terms of Use from time to time as we see fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”).   

By accessing the Site, you accept and agree to comply with and be bound by all Additional Terms. Your continued use of the Site constitutes acceptance of all Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.  The Additional Terms and the Privacy Policy (both available on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us.  To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern.  These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy and any Additional Terms. 

5. Click-Through Agreements 

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK”, “I agree”, “Subscribe”.  All special terms and conditions that you agree to will be considered as additions to these Terms of Use and will not alter or replace any existing terms unless explicitly stated.   

6. Links to Third-Party Sites 

Clicking on certain links on the Site may redirect you to third-party websites.  Such third-party websites are not under Easter Seals’ control, and Easter Seals expressly disclaims all liability and responsibility for the contents of any such website or any link contained in such website, and for any damages or losses arising from your use of or reliance on such third-party websites.  The third-party links included on the Site, if any, are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. 

7. Privacy and Personal Information 

We may collect and use your contact information, including email address, name, company, title and other personal information you provide to us to verify your identity, protect against fraud, contact you, provide our services, send you updates about new products and services, and Site updates.  We will only share your personal information to provide our services, protect our rights, comply with legal obligations, or with your consent. Personal information submitted by users to the Site may be used for the purposes of maintaining the integrity of the Site and its contents, contacting our users when necessary, and improving the quality of service provided by the Site. Users may opt in to receive communications regarding our activities and programs in accordance with our Privacy Policy and applicable law and may withdraw consent at any time. Our servers also collect information specific to how you use the Internet. Our servers note details such as the server you are logged onto and your IP address.  This information is obtained solely for the purpose of maintaining the Site’s integrity and improving our service.  

We may ask you for more personal information from time to time in a survey format.  This information is used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you are relevant and of interest to you.  Any information used as demographics will not reveal the source and will be kept secure.  This further information provided by you is on an optional basis.  We reserve the right to disclose your personally identifiable information as required by law, or when we believe that disclosure is necessary to protect our rights, comply with a judicial proceeding, court order, legal process served on our Site(s), or in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.  While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.  

For more information about how we collect, use, disclose and protect your personal information, please read our Privacy Policy at https://easterseals.ab.ca/privacy-policy/. This Privacy Policy explains how we treat your personal information, and protect your privacy, when you use the Site. This Privacy Policy may be updated from time to time, and your continued use of the Site indicates acceptance of the Privacy Policy and any changes. Questions or requests with respect to your personal information may be sent via email to info@easterseals.ab.ca. 

8. Ownership of Intellectual Property Rights 

The Site, together with all Content, trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, including all proprietary methodologies, program designs, operational processes, data compilations, and confidential information, is the exclusive property of Easter Seals, and our respective successors, assigns, licensors, and/or suppliers.  Unless you have agreed otherwise in writing with Easter Seals, nothing in these Terms of Use gives you a right to use any of the Contents, our trademarks or other intellectual property.  You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party. You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.  

No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, trade secret, or other intellectual property right of us or any third party.  You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.  

You expressly acknowledge that the Contents include proprietary and confidential information that is protected by copyright, trademark, trade secret, and other intellectual property laws. You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of Easter Seals or its owner if we are not the owner. You specifically agree not to use the Contents for any competitive purpose, including to develop, market, or provide competing services or programs, or to provide the Contents to any competitor of Easter Seals.  

Any unauthorized or prohibited use of any Contents may subject you to liability under applicable federal, provincial, and local laws. Easter Seals reserves all rights and remedies available at law or in equity for any unauthorized use of the Contents, including but not limited to seeking injunctive relief, specific performance, actual damages, statutory damages where applicable, punitive damages, disgorgement of profits, and recovery of all legal fees and costs.  

You may not create a link to the Site without our express written permission.  We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner. The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever. 

9. Intellectual Property Infringement 

Easter Seals takes intellectual property rights, both our own and others, very seriously.  If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify Easter Seals by using the following procedure: 

Please send a written notice of intellectual property infringement to: info@easterseals.ab.ca  

In your written notice, please provide the following information:  

1. identification of the intellectual property claimed to have been infringed; 

2. identification of the Contents that you claim are infringing your intellectual property; 

3. information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; 

4. a statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and 

5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

We actively monitor for unauthorized use, reproduction, and misappropriation of our Contents and proprietary information. Easter Seals reserves the right to employ technological measures, including digital fingerprinting, watermarking, and automated monitoring tools, to detect and prevent unauthorized use of the Contents. We may take immediate action against any party engaging in unauthorized use of our Contents, including without limitation, issuing cease and desist letters, pursuing injunctive relief, and initiating legal proceedings for damages. 

10. Third-Party Information 

Any third-party content, data or publications referenced on or linked to from the Site are provided for your convenience and information. Any opinions, advice, statements, or other information referenced from third parties are those of the respective author(s) or publisher(s). We provide no warranties or representations, either express or implied, regarding the accuracy or completeness of third-party information referenced on the Site. 

11. No Warranty 

You expressly understand and agree that your use of the site is at your sole risk and that the site and the contents are provided “as is” and “as available.” In particular, easter seals and easter seals’ licensors do not represent or warrant to you that:  

1. your use of the site will meet your requirements; 

2. your use of the site will be uninterrupted, timely, secure or free from error;  

3. any information obtained by you as a result of your use of the site will be accurate or reliable, and  

4. that defects in the operation or functionality of any software provided to you as part of the site (if any) will be corrected.  

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the site shall create any warranty not expressly stated in these terms of use. We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. 

12. Limitation of Liability 

Subject to section 11 above, you expressly understand and agree that Easter Seals, and Easter Seals’ licensors shall not be liable to you for:  

1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability including, but not limited to, any loss of profit, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and 

2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:  

1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the site; 

2. any changes which we may make to the site, or for any permanent or temporary cessation in the provision of the site (or any features within the site); 

3. the deletion of, corruption of, or failure to store, any user content and other communications data maintained or transmitted by or through your use of the site; 

4. your failure to provide us with accurate account information; 

5. your failure to keep your password or account details secure and confidential. The limitations on our liability to you in this section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising. 

13. Termination 

Easter Seals Alberta may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. 

Easter Seals may at any time, terminate your use of the Site if:  

1. you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use); 

2. we are required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful); 

3. the partner with whom Easter Seals offered the services to you has terminated its relationship with Easter Seals or ceased to offer the services to you; 

4. we are transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or 

5. the provision of the Site to you by us is, in our opinion, no longer commercially viable. When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination. 

14. Indemnification 

You agree to indemnify, defend, and hold Easter Seals harmless and our successors and assigns, and any of ours and their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees and costs) related to 

1. your violation of these Terms of Use; 

2. your use of the Site;  

3. your unauthorized use, reproduction, distribution, or disclosure of any Contents;  

4. your infringement or misappropriation of any intellectual property or proprietary rights of Easter Seals; and  

5. any claims by third parties arising from your use of the Contents. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request. 

15. General 

These Terms of Use, together with any Additional Terms and the Privacy Policy constitute the entire agreement between you and Easter Seals relating to your use and our provision of the Site. You agree that we may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.  

The laws of the Province of Alberta and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles. No e-mail address, contact information, or other data found on the Site may be harvested, scraped, collected, stored, or otherwise used for purposes of solicitation or any unauthorized purpose. Any violation of this provision may result in immediate termination of access to the Site and potential legal action. 

16. Donations 

Easter Seals is a registered charity under the Income Tax Act (Canada). If you make a donation through the Site or in response to information on the Site, such donations may be subject to separate terms and conditions. Tax receipts for eligible donations will be issued in accordance with Canada Revenue Agency requirements. The Site provides information about our charitable programs and may facilitate donations, but the issuance of tax receipts and processing of donations are governed by our charitable donation policies and applicable law. We make no representations or warranties about the tax deductibility of any donation, and you should consult your own tax advisor. All donations are final and non-refundable unless otherwise required by law. We reserve the right to refuse or return any donation at our sole discretion. 

17. Obtaining Consent 

To request our consent for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to info@easterseals.ab.ca. We reserve the right to refuse any such requests in our sole discretion.