TERMS OF USE

Effective Date: Mar 31, 2020

Pacific Autism Family Centre Foundation (“PAFCF”) is a charitable foundation with a mandate to serve the lifespan needs of individuals and families affected by Autism Spectrum Disorder (“ASD”) and Developmental Disabilities (“DD”) in British Columbia.

AIDE Canada (“AIDE”) is a Canadian national network that is committed to providing accurate, up-to-date, and useful information and resources to the people who need it. AIDE is a project funded by the Public Health Agency of Canada and is administered by the PAFCF.

This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of this website (the “Website”). This Website is owned and operated by PAFCF. You accept this Agreement by using the Website. If you do not agree to this Agreement, you must not use the Website. PAFCF may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. These Terms of Use apply to all users and visitors of the Website.

PAFCF is based in the province of British Columbia in Canada. PAFCF provides this Website for use only by persons located in Canada. This Website is not intended for use by persons outside Canada. If you access the Website from outside Canada, you are responsible for compliance with the local laws of your jurisdiction, and PAFCF bears no responsibility or liability for your use.

You confirm that you are more than 13 years of age, and have legal capacity to consent to access and use this Website, or you possess parental or guardian consent to access and use this Website. You understand and confirm that when using this Website, you must abide by and comply with, these Terms of Use. This Terms of Use applies to our website, online portal, peer network and other resources (the “Services”) and our articles, posts, images, videos, documents, links, forms, etc. (collectively known as the “Content”).  

In this Privacy Policy, “we/us/our” means the PAFCF.

Reservation of Rights

PAFCF may make changes to, suspend, block or remove the Website, the Services, or any Content and/or resources available through the Website at any time. PAFCF reserves the right to suspend, block or remove access to the Website for any user, for any breach of the Terms of Use, without notice, at any time.

Proprietary Rights

PAFCF is the owner or the licensee or fair user of all intellectual property rights to the Content. The Content is protected by copyright laws around the world. All rights not expressly granted to you in these Terms of Use are reserved and retained by PAFCF or its licensors, suppliers, publishers, rights holders, or other content providers. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Content other than as expressly authorized by PAFCF in writing. You hereby acknowledge and agree that, as between PAFCF and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by PAFCF. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited. Any unlawful use will be prosecuted to the full extent of the law.

Permitted Uses

So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by PAFCF, PAFCF invites you to view and/or print a single copy of the Website and the Content. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. As a condition of use, PAFCF status (and that of any identified contributors) as the authors of Content must always be acknowledged and attributed.

Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail.

Additional Restrictions

You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not use this Website to damage, disable, overburden, hack into, reverse engineer, interfere with, collect, steal or download information, or impair the Website, or impede or obstruct any other party's use and enjoyment of it.

You will not, nor allow anyone else to use the Website in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or results in a denial-of-service attack, or otherwise fails to comply or is inconsistent with any part of this Agreement. In addition, you will not, nor allow anyone to, introduce any viruses, computer code or other computer instructions or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down the Website, the server on which the Website is stored or any server, computer or database connected to the Website, including, without limitation, its security or user data.

You must not, nor permit anyone else to, misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not, nor permit anyone else to, attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the law of applicable jurisdiction. PAFCF may report any such breach to the relevant law enforcement authorities and PAFCF may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

User Accounts

To access certain Website features, you may have to register and/or login to your user account. You are solely responsible for the activity that occurs in your user account and the accuracy of the information provided. You must keep your account user name or ID, password, challenge question(s) and answer(s) secure. If you see activity that was not performed by you, if you have lost access to your account, or suspect a security breach or unauthorized use of your account, you must contact PAFCF immediately. PAFCF has the right to disable any user identification code or password, whether chosen by you or allocated by PAFCF, at any time, if in PAFCF’s reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Uploading Content to the Website

Whenever you make use of a feature that allows you to upload content to the Website or to make contact with other users of the Website, you must comply with the content standards set out in these Terms of Use. These content standards apply to any and all material which you contribute to the Website (“Contribution”). These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. PAFCF will determine whether a Contribution breaches these Terms of Use.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Canada and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, gender, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from PAFCF, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites, unless expressly authorized by PAFCF.

You warrant that any such Contribution does comply with those standards, and you will be liable to PAFCF and you will indemnify PAFCF for any breach of this warranty. This means you will be responsible for any loss or damage PAFCF suffers as a result of your breach of this warranty.

You are solely responsible for securing and backing up your content.

Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant PAFCF and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.  When you upload or post content to the Website, you grant PAFCF and other users of the Website the following rights to use that content:

a perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable, licence to use, reproduce, distribute, prepare derivative works of, display, and perform such user-generated content in connection with the service provided by the Website and across different media, including use relating to promoting the Website or its services.

PAFCF also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

Breach of these Terms of Use

If your fail to comply with these Terms of Use, PAFCF may, in its sole discretion, consider you in breach of the Terms of Use and may take all or any of the following actions without notice to you:

  • Immediate, temporary or permanent withdrawal of your right to use the Website.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to the Website.
  • Warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as PAFCF reasonably considers necessary or as required by law.

PAFCF excludes any liability for all actions PAFCF may take in response to breaches of these Terms of Use. The actions PAFCF may take are not limited to those described above, and PAFCF may take any other action PAFCF reasonably deems appropriate.

Links To Other Sites

The Website may contain links to websites operated by other parties. PAFCF provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of PAFCF, and PAFCF is not responsible for the content available on the other sites. Such links do not imply PAFCF’s endorsement of information or material on any other site and PAFCF disclaims all liability with regard to your access to and use of such linked websites.

Links To The Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage PAFCF’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on PAFCF’s part where none exists. You must not establish a link to the Website on any website that is not owned by you. The Website must not be framed on any other website. PAFCF reserves the right to withdraw linking permission without notice. The website to which you are linking must comply in all respects with the content standards set out above. If you wish to link to or make any use of the Content on the Website other than that set out above, please contact us at info@aidecanada.ca.

Trademarks

You are not permitted to use these PAFCF and AIDE trademarks and tradenames without prior written approval of PAFCF, unless they are part of material you are using as permitted under these Terms of Use.

Unauthorized use of any PAFCF and AIDE trademarks or tradenames will constitute a breach of these Terms of Use and may be a violation of applicable trademark laws.

About The Information On This Website

The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. PAFCF makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up to date. The opinions and/or content displayed on the Website are not necessarily the viewpoints of PAFCF and should not be construed as such.

Disclaimer of Warranties and Limitation of Liability

PAFCF makes no warranty or representation, whether express or implied, statutory or otherwise, including warranties of merchantability, merchantable quality, security, fitness for a particular purpose, title, or non-infringement as to the accuracy, completeness or reliability of any Content or Services available through this Website. PAFCF does not guarantee that this Website will have uninterrupted service, be error-free, be typographically accurate, be data reporting accurate, that defects will be corrected, that new functionality will be added, or that it is free from viruses, malware, or other harmful services. You are responsible for verifying the information before relying on it. You are responsible for providing your own anti-virus, firewalls, security and/or VPN services, to protect your own information, devices, network, applications and services. Use of this Website, the Content and its Services is solely at your own risk. This disclaimer of warranty may not be valid in some jurisdictions and you may have warranty rights under law which may not be waived or disclaimed.

In no event will PAFCF be liable to you for any indirect, special, incidental, punitive, exemplary or consequential damages of any character, including damages for loss of goodwill, loss of profits, business interruption, data loss, work stoppage, or computer failure or malfunction. In any case, PAFCF’s aggregate liability for any and all claims under these Terms of Use shall not exceed CAD$10.00. The foregoing limitations, exclusions and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or pursuant to any legal doctrine, and whether or not PAFCF has been advised of the possibility of such loss or damage. Insofar as applicable law prohibits any limitation on liability herein, the parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. You agree that the limitations on liabilities set forth herein are agreed allocations of risk and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy.

Indemnity

You agree to indemnify, defend and hold PAFCF, its affiliates, and their respective officers, agents and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, due to or arising out of your use of the Website, the Services, the Content or the resources available through the Website and/or breach of this Agreement.

Legal Information

If there is a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Province of British Columbia, Canada. These Terms of Use are governed by the laws of the Province of British Columbia, and the laws of Canada applicable therein. Prior to this escalation it is highly recommended that you contact PAFCF directly, to help resolve any issues or queries that you may have. Both parties agree to communicate and negotiate first and foremost, attempt mediation services next, and at last attempt to use legal counsel and the Canadian court system.

You may not assign these Terms of Use, transfer rights, or delegate any obligations under these Terms of Use, in whole or in part, whether voluntary or by law, without PAFCF’s prior written consent.

These Terms of Use constitute the entire agreement between you and PAFCF and are legally binding. If for any reason a court of the competent jurisdiction finds any provision or portion of these Terms of Use to be invalid, illegal, or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct.

Miscellaneous

These Terms of Use are subject to PAFCF’s Privacy Policy. 

Customer Support

PAFCF is committed to providing superior customer service to its users. You are welcome to contact PAFCF through its Contact Information listed on the Website.

Note that from time-to-time, website maintenance or customer support may be temporarily suspended or removed. Operations will resume once it is viable, or when the Website maintenance is complete.

Questions or Corrections

PAFCF is a society registered under the laws of the Province of British Columbia, Canada. PAFCF’s address is 3688 Cessna Dr, Richmond, BC V7B 1C7. Questions about these Terms of Use may be made in writing to info@aidecanada.ca.




 

 

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