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ACT Foundation’s Terms of Service

This document outlines the terms on which you may access and use ACT Foundation’s services. In order to become an ACT Foundation (“ACT”) website user, you must read and accept all of these terms and conditions and the Privacy Policy. In the event of any inconsistency between the ACT’s Privacy Policy and the Terms of Service, the Terms of Service shall prevail. Nothing in this document shall be deemed to confer any third-party rights or benefits. By using ACT’s Websites you also represent and warrant that you have the legal authority to agree to and accept these Terms of Service on behalf of yourself and any party you purport to represent. If you do not agree to be bound by the Terms of Service, you may not use nor access our website. 

ACT reserves the right to modify this document at any time, and without prior notice, by posting amended terms on ACT’s website. Your continued use of ACT’s website indicates your acceptance of the amended Terms of Service.

Description of Service

ACT offers information, news and updates on health, CPR and defibrillator training. It also provides teaching and curriculum resources and games to the public, including teachers and students.

It also offers an online service to enable users to report a rescue or to nominate individuals for awards (the “Reporting Service”).

User Eligibility

The ACT’s Reporting Service is not available to any user suspended or removed from the system by ACT for any reason. If you do not qualify, you may not use the ACT’s Reporting Service.

 Use of Service

Your use of the ACT’s Reporting Service and website is governed by the Terms of Service. ACT may refuse service with or without prior notice to any user for any or no reason.

You are fully responsible for your activities and conduct on ACT’s website. You are also responsible for the input of all the information you provide. ACT cannot and will not be liable for any loss or damage to you or any third-party arising from your failure to comply with this section.

You may print pages from ACT’s Websites for your personal, non-commercial use only, provided that you do not modify any of the content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Other than as specifically described herein, the Websites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express prior written consent of ACT (or, in the case of User content, the owner of the rights to the User content).

Termination

You agree that ACT may, with or without cause, terminate your access to the Reporting Service without prior notice. Without limiting the foregoing, the following will lead to a termination by ACT of a user’s use of the Reporting Service: (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, and (c) unexpected technical issues or problems. Furthermore, you agree that all terminations shall be made in the ACT’s sole discretion and that ACT shall not be liable to you nor any third-party for any termination of your access to the ACT’s Reporting Service or website.

User Conduct

You understand and agree not to:

  • Use the ACT’s website or Reporting Service for any illegal purpose, including but not limited to conspiring to violate laws.
  • Post or transmit any unlawful, threatening, abusive, libellous, defamatory, discriminatory, hateful, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation.
  • Falsely state, impersonate, or otherwise misrepresent your identity, or those of others, including but not limited to the use of a pseudonym, or misrepresenting your affiliations with a person or entity, past or present.
  • Upload, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
  • Upload, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the ACT’s Reporting Service.
  • Post content in fields that aren’t intended for that content. Example: Putting an address in a name field.
  • Interfere with or disrupt the ACT’s Reporting Service or servers or networks connected to the ACT’s Reporting Service and website, or disobey any requirements, procedures, policies or regulations of networks connected to the ACT’s Reporting Service and website.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

Information Provided on this Website

In the course of using the ACT’s Reporting Service or website, users may provide information about themselves or a third-party which is collected by ACT (see our Privacy Policy) to learn more about information collected on this website). You understand that by uploading information on the ACT’s website or otherwise providing information to the ACT, you are granting to ACT a royalty-free, perpetual, irrevocable license to use this information. Furthermore, you understand that ACT retains the right to reformat, excerpt, or translate any information submitted by you. You understand that all information uploaded or transmitted through the ACT’s Reporting Service is the sole responsibility of the person from which such content originated and that ACT will not be liable for any errors or omissions in any content. You understand that ACT cannot guarantee the accuracy of information uploaded, entered, or transmitted by users in the course of using the ACT’s Reporting Service. Additionally, ACT cannot guarantee the authenticity of any data which users may provide about themselves or third-parties.

 INFORMATION PROVIDED BY OTHER WEBSITES

While ACT’s Websites may contain links to third party sites (“Linked Sites”), ACT is not responsible for the content of any Linked Sites. ACT provides links to Linked Sites for informational purposes and for the convenience of its Users only. ACT makes no representation or warranty regarding any Linked Sites or their content, and does not endorse any Linked Sites or any views expressed, information contained in, or products or services appearing, available or described thereon. Links to Linked Sites do not imply that ACT sponsors, endorses, is affiliated or associated with, the Linked Sites or their associated companies or products, or is legally authorized to use any content displayed in or accessed through the links to the Linked Sites. ACT does not control or guarantee the currency, accuracy, relevance, timeliness or completeness of information found on Linked Sites. ACT cannot authorize the use of copyrighted materials published on Linked Sites. Users must request such authorization from the sponsors of those Linked Sites. ACT is not responsible for transmissions users may receive from Linked Sites. ACT is not responsible for or liable in any way for commercial transactions which users transact with Linked Sites. When you access such Linked Sites, you are doing so at your own risk and are subject to the terms and conditions of use of the Linked Sites in question. ACT has no responsibility or liability for or control over those other websites or Internet resources or their collection, use and disclosure of your personal information (see our Privacy Policy).

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in ACT website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

 ACT Communications

In the course of providing you access and services, ACT may need to communicate with you via email or phone (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the ACT’s Reporting Service.

Monitoring and Enforcement

While ACT has the right to monitor activity and content associated with the ACT’s Reporting Service, ACT is not obligated to do so.

 Indemnification

By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless ACT, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the ACT’s Reporting Service; ii) unauthorized access to or alteration of your communications with or through the ACT’s Reporting Service; iii) unauthorized use of third-party information; or iv) any other matter relating to the information you provide during the use of the ACT’s Reporting Service. Any business transactions or decisions which may arise as a result of the use of ACT are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that ACT may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, or protect the rights, property, or safety of the ACT, its users, and the public.

Disclaimer of Warranties

You expressly agree that use of the ACT’s website and the Reporting Service is at user’s sole risk. The ACT’s website and the Reporting Service are provided on an “as is” and “as available” basis. ACT expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

ACT makes no warranty nor are there any conditions that the ACT’s website and the Reporting Service will meet your requirements, or that the ACT’s website and the Reporting Service will be uninterrupted, timely, secure, or error free; nor does ACT make any warranty as to the results that may be obtained from the use of the ACT’s website and the Reporting Service or as to the accuracy or reliability of any information obtained through the ACT’s website, events and the Reporting Service or that defects in the Software will be corrected. ACT assumes no responsibility for the deletion of or failure to store or deliver any user information.

You understand and agrees that any material and/or data downloaded or otherwise obtained through the use of the ACT’s website and the Reporting Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

 ACT makes no warranty regarding any DOCUMENTS or services obtained through the ACT’s website and the Reporting Service. No advice or information, whether oral or written, obtained by you from ACT or through the ACT’s website and the Reporting Service shall create any warranty not expressly made herein. The contents of all information provided by ACT are intended for general information purposes AND although ACT atteMPTS to keep information updated, there is no guarantee of same. manuals provided are usually reviewed by reputable entities such as the heart and stroke foundation. ACT and NONE of its DIRECTORS, staff, ETC. express or imply any warranty or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information on this website or for the contents of linked websites. ACT will not be held liable for any direct or indirect loss or damage arising under this disclaimer or in connection with our website. By using our website, you accept this disclaimer in full.

 ACT will attempt in good faith to resolve any technical problems you may experience with the ACT’s website and the Reporting Service. If you experience a problem with the ACT’s website and the Reporting Service, you can send an email to act@actfoundation.ca.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

These Terms of Service constitutes the entire agreement between you and ACT and governs your use of the ACT’s Reporting Service and website, superseding any prior agreements between you and the ACT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM YOUR USE OR INABILITY TO USE THE ACT’S WEBSITE OR REPORTING SERVICE.

 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY WARRANTY IMPLIED BY LAW, IN NO EVENT WILL THE ACT’S TOTAL CUMULATIVE DAMAGES EXCEED CND$100.

Governing Law

The User Agreement between you and the ACT, and all other communications and business relationships between you and ACT will be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of laws principles).

TRADEMARKS AND COPYRIGHTS

ACT’s website, ACT logo, and other ACT logos and names are trademarks (pending or registered or through common law rights) of ACT. You agree not to display or use these trademarks in any manner without the ACT’s prior written consent. Further all materials and contents available on ACT’s website are copyrighted or licensed to ACT. You agree not to use these materials in any manner that would breach copyright or common law legislation.

The section titles of this Terms of Service Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of this Terms of Service Agreement to act@actfoundation.ca.