Terms of Use.

Dementia Association for Awareness and Support has implemented these Terms of Use to govern your use of this website (https://www.dementiaassociation.ca/), including all pages within this website (collectively, the “Website”), and any related software, applications, webpages, websites, and products and/or services, including without limitation our TUSK™ platform, and any information and content relating to the foregoing, including without limitation, HTML, software, data, text, documents, images, photographs, icons, designs, products, and services (collectively, the “Content“).

You acknowledge and agree that, by accessing or using the Website or the Content, you are indicating that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you have no right to access or use the Website or the Content.

The Website and the Content are not for use by any minors (being those who are not at least 18 years of age). You must not use the Website or the Content if you a minor.

Our privacy policy is available at here. Your access to and/or use of the Website and the Content is subject to such privacy policy. You acknowledge that you have read such privacy policy, and you hereby consent to the collection, use, and disclosure of your personal information for the purposes there identified. You also grant us permission to combine your personal information, if any, with that of others in a way that does not identify you or any individual personally for any reason in our sole discretion, including without limitation to improve the Website or the Content.

Certain areas of the Website or the Content may be restricted from access by you and we may further restrict access by you to any areas of the Website or the Content, at any time, in our sole and absolute discretion.

If you opt to use the Website or any of the Content, including, but not limited our TUSK™ platform, you agree to provide accurate, current and complete information about yourself as required, and to promptly correct, update, or complete this information as required. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain and update your information including but not limited to your failure to receive any information with respect to the Website or any of the Content.

You agree and authorize us to take any necessary steps in order to verify the information you provide. If there are reasonable grounds to suspect any or all of the information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website and the Content.

You agree that we may rely on the information you provide to send you information and notices regarding the Website and/or the Content. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the unsubscribe link contained in such emails. 

Any user ID and password you may have for the Website or the Content is confidential and you are responsible for maintaining the confidentiality of such information.

You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Website and the Content.

You agree not to do any of the following:

(a) use the Website or the Content for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;

(b) use the Website or the Content in a way that would adversely impact use of the Website or the Content by other users;

(c) message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, message, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy; (ii) violates, constitutes, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; (viii) promotes illegal or harmful activities or substances; or (ix) is unrelated to the topic of the page or post;

(d) collect or store personal information about other individuals;

(e) use the Website or the Content for any commercial, advertising, or marketing purpose or in any manner not permitted by these Terms of Use;

(f) violate any applicable law or regulation; or

(g) encourage or enable any other individual or other person to do any of the foregoing.

You are individually responsible for the contents of your posts or other content on the Website or the Content.

We reserve the right to delete or remove any posts or other content that may breach these Terms of Use, and to remove or block any user who engages in any breach of these Terms of Use.

The Website, the Content, and any portion thereof, are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. Such laws may be violated by unauthorized access and/or use of the Website or the Content. Users of the Website or the Content are solely responsible for ensuring that they comply with any applicable intellectual property laws, including without limitation copyright, trademark, and patent laws. We do not grant any license or other authorization to you under or to any of our trademarks or other copyrightable material or other intellectual property, unless we otherwise expressly agree in writing. Except as expressly provided in these Terms of Use, the Website and the Content may not be copied, reproduced, distributed, posted, downloaded, displayed, presented, transmitted, republished, modified, or otherwise exploited or used in any form or by any means without our prior express written consent

For information about obtaining consent to use any Content, please contact us at hello@dementiaassociation.ca.

Your posts and content must be your own and must not infringe on any third party’s rights. By sharing information, content, or other subject matter on the Website or the Content, including without limitation by posting text to the Website or our TUSK ™ platform, you agree that you are the author of that information, content, or other subject matter and you agree to waive and release all copyright and/or moral rights that may exist in that information, content, or other subject matter, and you grant us the non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, adapt, publish, translate and distribute it in any and all media whether now or hereinafter existing.

Names, words, logos, designs, graphics, titles, phrases, trademarks and the like displayed on the Website or in the Content may constitute our registered or unregistered trademarks, or that of third parties that have granted us a license to use such marks.

For information about obtaining consent to use such trademarks, contact us at hello@dementiaassociation.ca.

The Website and the Content may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us. There also may be circumstances in which access to the Website or the Content may be provided by a hypertext link located at a third party website.

We are not responsible for and do not endorse, authorize, approve, certify, maintain, or control the content of any third party website, or any third party products or services that may be referred to in, or linked to, the Website or the Content. We do not make any representation or warranty of any kind, express or implied, regarding any third party website, products, or services, including, without limitation: (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information, Content or content on such third party websites; (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any Content, content, software, goods, or services located at or made available through such third party websites; or (iii) any representation or warranty that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.

We are not responsible for the privacy practices of such third party websites. We encourage users to review the privacy policies and terms of use of any linked third party websites before navigating any such website or disclosing any personal information online.

The Website and the Content are provided “as is”, without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, we disclaim all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.

We do not warrant or make any other representations regarding the use, accuracy, currency, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Content, the Website, the results from use of the Website or the Content, or otherwise regarding the Content or the information, content, or other subject matter on any websites linked to the Website.

Additionally, nothing contained on the Website or the Content shall be construed as providing consult or advice to you.

Under no circumstances shall we (including our officers, directors, employees, contractors, agents, and successors) be liable to you or to any third party for any direct, indirect, general, special, consequential, incidental, compensatory (whether expectation or consequential), liquidated, pecuniary, punitive, aggravated, or nominal damages or losses, or any other damages or losses of any kind whatsoever, including without limitation damages relating to telecommunication failures; internet delays or limitations; errors, mistakes, or omissions or inaccuracies in the Content; loss; corruption; security or theft of data; viruses; spyware; lost revenue or profits; lost or damaged data; or economic loss; regardless of the cause of action, arising directly or indirectly from the Website or the Content, including without limitation the access or use of, or the inability to access or use, any or all of the Website or the Content. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of action) will at all times be limited to the amount paid to access our Services in the past thirty (30) days.  The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.

By accessing and/or using the Website or the Content, you agree to indemnify and defend us and our officers, directors, employees, contractors, agents, and successors from and against any liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) that may arise from your use of the Website or the Content, or those that are in any way related to your breach of any of the provisions of these Terms of Use.

You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use, or the Website or the Content, by negotiations; however, if a dispute is not resolved by negotiation within twenty (20) days of commencing negotiations, the dispute shall be submitted to arbitration by a single arbitrator who is acceptable to both you and us and whose expenses will be shared equally by you and us.  If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator.  The determination of the arbitrator will be conclusive, final and binding on you and us.  The Arbitration Act (Alberta) or successor legislation will apply to the arbitration. Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.

We may terminate these Terms of Use, including any licenses contained herein, at any time and may terminate your access to and use of the Website or the Content if we determine, in our sole discretion, that you have failed or refused to comply with any or all of these Terms of Use.

Upon termination, you must cease to access and/or use the Website and the Content. This includes, without limitation, the obligation to destroy all content, and all related documentation and all copies thereof, which you obtained from the Website and the Content, whether under these Terms of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that we may direct in respect of the termination. 

We may amend these Terms of Use at any time by posting new Terms of Use on the Website. The amended Terms of Use shall automatically be effective when posted. We will post notice that the Terms of Use have been amended on the fronting webpage of the Website for 30 days.  You agree to review such Terms of Use on a regular basis.

At no time do we waive our rights to enforce any terms or conditions as set out in this Terms of Use, even if any provision of the Terms of Use have been previously breached or unenforced.

These Terms of Use and the access to and use of the Website and the Content shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta.

For more information about these Terms of Use or any information or questions regarding the Website or the Content, please contact us at hello@dementiaassocation.ca. 

Last Update: 24 June 2020