Terms of Use

This website (the "Website") is owned and operated by The Sinneave Family Foundation ("SFF").  Access and use of this website is provided by SFF to you on condition that you accept these Terms of Use, and by accessing or using this Website you agree to these Terms of Use.  If you do not agree to accept and abide by these Terms of Use you should not access or use this Website. 

SFF may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Website periodically.  Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website.  You may only use this Website for lawful purposes.

Information Purposes Only

THIS WEBSITE DOES NOT CONTAIN NOR PROVIDE MEDICAL ADVICE.

The contents of the Website and of the Forums (as defined below), if any, are for informational purposes only. The information provided on the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.  CALL 911 IMMEDIATELY IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY.

Currency of Website

SFF updates the information on this Website periodically. However, SFF cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. SFF may revise, supplement or delete information, services and/or the resources contained in this Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Links

This Website may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that SFF monitors or endorses these websites. SFF does not accept any responsibility for such websites and shall not be liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

SFF is not responsible for hypertext links from any and all third-party websites to the Website, and forbids anyone from establishing such a link without SFF's prior written authorization.

Password-Protected Access

There are parts of the SFF Website that may be accessed by password only. Access to and use of any password-protected areas is restricted only to users who have been authorized as such by SFF.  Your password is for your own use and is not to be given to any other person or entity to use. You are responsible for maintaining the confidentiality of your password and you agree to notify SFF immediately if the confidentiality of your password has been compromised or breached. Any misuse of the password will result in immediate removal your ability to access the Website, along with possible criminal prosecution.

Third-Party Content

The SFF Website may include discussion forums, blogs and interactive areas (the "Forums"). By using the Forums, you agree to not perform the following:

  • upload to, distribute or otherwise publish through the Forums any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • upload or transmit any Content that would constitute or encourage a criminal offense, or violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national, or international law;
  • upload or transmit any Content that may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • upload or transmit any content containing the personal information of a third party without such individual's express consent to do so;
  • distribute, publish, advertise or solicit for funds, including junk mail and spam, without SFF's prior written permission;
  • disguise the origin of any communication transmitted on, to or through our site; or
  • violate any applicable local, provincial, national, or international law.

By posting any Content onto the Forums, you represent and warrant that you have the lawful right to distribute and reproduce such Content.  SFF will not be responsible for and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Forums.

Monitoring, Editing and Disclosure of Communications

SFF has the right, but not the obligation, to monitor any activity and Content associated with Forums.  For greater certainty, SFF may: (i) investigate any suspected or reported violation of its policies or complaints; (ii) issuing warnings; (iii) suspend or terminate service; and/or (iv) remove, screen or edit any Content.  

SFF maintains the right at all times to edit, disclose, refuse to post, request removal of, or remove any Content as may be necessary to comply with any law, regulation or government or agency request or if, in SFF's sole discretion, such Content is objectionable or in violation of these Terms of Use. SFF may access and disclose any information it considers necessary or appropriate, including, without limitation, posted Content, user profile information (e.g., name, e-mail address), IP address and traffic information, and usage history to: (i) protect SFF's systems and customers; (ii) ensure the integrity and operation of SFF's business and systems; or (iii) cooperate with legitimate governmental requests, subpoenas or court orders, if required.

SFF's Rights to Materials Provided by Users

SFF is pleased to receive your comments regarding our Website. However, any or all material and information provided by you to us through our Website may be included in a database owned by SFF and its subsidiaries and affiliates in which we have rights and interest, including, but not limited to, a compilation copyright. We maintain the right to use any information or materials you provide to us or that we obtain through your use of the sites to the fullest extent permitted by law.

You grant to SFF a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Content, or other information or materials that you provide to us through the Website, including any ideas or original materials contained in such communications, in all media now known or hereafter developed (the "User Materials"), and you waive: (i) all material rights in the User Materials; (ii) all rights to any claim against SFF for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the User Materials; and (iii) agree and understand that SFF is under no obligation to use any material or ideas contained in the User Materials in any way whatsoever.

Email

You acknowledge that transmissions to and from our site are not confidential and that your communications may be read or intercepted by others. SFF shall not be responsible for the payment of any amounts to any party in connection with SFF's use of communications submitted by you to our sites. Do not submit information to our site that is confidential or proprietary. You agree with respect to any information provided by you to us through this Website or via e-mail that:

  • SFF has no obligation concerning such information; 
  • the information is non-confidential; 
  • SFF may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Intellectual property

All materials (including the organization and presentation of such material) on this Website (the "Materials") are the property of SFF and its licensors and may be protected by intellectual property laws, including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.  All rights not expressly granted under these Terms of Use are retained by SFF.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted.   Unless specifically authorized to do so by SFF in writing, you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose; (b) copy, reproduce, distribute, download or record the Materials for any commercial use; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) copy, publish or post any of the Materials on a computer network or any type of media; or (f) create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with SFF, any other use of these Materials without SFF's written permission is prohibited.

You may not use the SFF logo, or any other graphic or trademark at any time for any purposes or to link to SFF, unless authorized by SFF.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

SFF shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website.   SFF recommends that you install appropriate anti-virus or other protective software.

Website and Materials Provided "As Is"

THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SFF DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL SFF OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE "SFF PARTIES") BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

UNDER NO CIRCUMSTANCES SHALL ANY OF THE SFF PARTIES BE RESPONSIBLE FOR YOUR USE OR RELIANCE OF ANY CONTENT ACCESSED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE (INCLUDING THE FORUMS).

NOTWITHSTANDING ANY OTHER PROVISION HEREIN, SFF'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

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

Indemnification

You agree to indemnify and hold harmless SFF from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any other person or entity arising out of or relating to your conduct, you Content, your violation of these Terms of Use, the use of the User Materials, or your violation of any rights of another person or entity. You agree that you shall be solely liable for the Content of any messages or other information that you upload or transmit to this site, including the discussion forums, blogs or interactive areas of the Website.

Termination of the License to Use this Site

Violation of these terms and conditions may result in the termination of your license to use this Website and to use any materials that you have obtained from the Website. Upon termination of your license, any materials that you have obtained from the Website must be immediately destroyed.  SFF may terminate this agreement for convenience.

Applicable law

This Website is controlled, operated and administered by SFF from within the Province of Alberta, Canada.  This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.  Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against SFF relating to any such claim or dispute and you also agree to opt out of any class proceedings against SFF.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief. 

General

SFF's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.