TERMS AND CONDITIONS
These terms and conditions of use (“Terms”) govern your use of: (i) the Student Canadian Chiropractic Association’s (“SCCA”, “we”, “us” or “our”) website found at www.scca.ca, and all webpages forming part of that website (“Webpages”); and (ii) any other websites, digital properties, audio offerings, mobile applications and/or mobile enabled sites that are owned and/or operated by SCCA and that do not have separate terms and conditions of use (collectively, the “Website”). Your use of the Website is subject to these Terms and any other additional terms and conditions posted in specific portions of the Website. Webpages may contain policies or terms that are specific to their content (e.g. payment terms), and, unless expressly stated otherwise, such policies and/or terms are in addition to and not a substitution for the Terms.
Read these Terms carefully, as they constitute a binding agreement between SCCA and each user of the Website (referred to below as the “User”, “you” or “your”).
When you visit the Site or send an email to us, you are communicating with us electronically. By accessing the Website, you consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Website.
Canada – must be a student in a Canadian Recognized Program
International – must be a student registered in an Internationally Recognized program, and either be a Canadian Citizen or have an expressed interest in practising in the profession in Canada following graduation
All Chiropractic students enrolled with an accredited college are eligible to be student members of the SCCA.
All SCCA membership-related inquiries relating to cancellations or refunds will not be offered.
I. Informational Purposes Only; Not Medical Advice
II. Disclaimer and Limitation of Liability
III. AMENDMENT TO TERMS
IV. PERMITTED USE
VI. COPYRIGHT COMPLAINTS
VIII. GENERAL DISCLAIMER
IX. GENERAL LIMITATION OF LIABILITY
XI. BLOG TERMS
XII. PERSONAL INFORMATION
XIII.NON-PERSONAL INFORMATION & COOKIES XIV.JURISDICTION AND GOVERNING LAW
XVI.TERMINATION OF USE
I. Informational Purposes Only; Not Medical Advice
The information on the Website is for general educational purposes only. Your use of the Website, including any communication features forming part of its Content, does not establish a physician-patient relationship. The Website should never be used to solicit medical advice nor should any Content or communications made through the Website be construed as medical advice (including, for example, a diagnosis or treatment).
Neither the Content nor any communications made through the Website is intended to nor shall be construed a replacement or substitute for the practices, professional judgment, skill and expertise of health professionals and the advice of your physician and/or other health professionals should be sought in respect of any medical questions you may have. In the event of a medical emergency, call 911 or proceed to your nearest emergency room.
II. Disclaimer and Limitation of Liability
Accuracy and Completeness of Content. The SCCA does not guarantee the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Content and for itself and on behalf of its: (i) directors, officers, employees, members, contractors, agents and contributors; and (ii) affiliates and their directors, officers, employees, members, contractors, agents and contributors (collectively, the “SCCA Parties”) disclaims any liability in respect of the Content. Any use of the Website is at your own risk.
Changes to Content. The SCCA may, at any time without notice or liability, and for any reason whatsoever, terminate, amend, suspend or discontinue any aspect of the Website, including, for example, by removing, adding or modifying:
- the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Website;
- any fees or charges for use of the Website or any feature of the Website; and
- any of the Content, including, for example, editing any Content or refusing to post any content, in whole or in part, that in the sole discretion of the SCCA is objectionable or in violation of the Terms.
No Endorsement. Unless otherwise specifically indicated by the SCCA, the SCCA does not recommend, endorse or in any way guarantee any: (i) specific tests, health care professionals, products, procedures, opinions, or other information that may form part of or may be referred to in the Content; or (ii) third party websites (including those hyperlinked from the Website) or any information/material contained thereon (collectively, the “Third Party Websites”).Links provided to Third Party Websites are provided for convenience only.
III. AMENDMENT TO TERMS
These Terms were last updated on the “Last Updated” date indicated above. Any modifications to the website shall become effective immediately upon their posting. It is your responsibility to check the Terms regularly to determine whether any changes have been made, by referencing the “Last Updated” date. If the Terms are, at any time, not acceptable to you, you must discontinue use of the Website immediately. Your continued use of the Website after any such modifications are posted will constitute acceptance of the Terms, as modified. The Terms apply exclusively to your use of the Website and do not alter the terms or conditions of any other agreement with any other SCCA Party you may now have or may have in the future.
IV. PERMITTED USE
Use of the Website is strictly limited to persons who are of legal age in the jurisdictions in which they reside.
Grant and Scope of Licence. The SCCA hereby grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited licence to use, copy, download, display on your computer, and print the Content solely for informational purposes and for your own personal use or for use within your organization, in each case in accordance with the Terms and in compliance at all times with applicable law. All other uses of the Content are expressly prohibited. For clarity, the scope of this licence:
- extends to use for academic and/or teaching purposes, provided that, such use remains subject to these Terms, including;
- except as otherwise expressly stated, does not permit republication, copying, assignment, reselling, reproducing, distributing, republishing, downloading, displaying, posting, preparation of derivative works or otherwise transmitting the Content in any form or by any means; and
- does not extend to permit the use data mining, robots, or similar data gathering and extraction tools, framing or utilizing framing techniques to enclose any trademark, logo or other proprietary information, including but not limited to, images, text, page layout or form of any of the SCCA Parties, or the use of any meta tags or any other “hidden text” utilizing the name or trademarks of any SCCA Parties.
You are also hereby granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited licence to create a hyperlink to the Website, provided that you shall not ensure that any website that includes a hyperlink to the Website (the “Source Website”) does not:
- create frames around any part of the Website or use any other techniques that alter the visual representation of the Website;
- imply that any of the SCCA Parties are endorsing any products or services, including the Source Website, or any person (including you);
- imply any affiliation between any products or services, including the Source Website, or any person (including you) and any of the SCCA Parties;
- misrepresent your relationship or that of any other person with any of the SCCA Parties or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about any of the SCCA Parties or any of their respective products or services; or
- contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, or are otherwise in breach of the Terms (including, for example, the other provisions of this section, “PERMITTED USE”).
The above licence does not permit you to link any software to the Website.
Any unauthorized use of the Website or any of the Content immediately terminates the licence granted to you by the SCCA hereunder.
Prohibited Uses. You shall not modify the Content from the form as presented on the Website without acknowledging the source of the Content so modified (the “User Modifications“). Any User Modifications shall be made solely to the extent necessary to adapt the Content for the User’s own personal use. Any User Modification shall not modify, edit or delete any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
In using the Website, you shall not:
- include any of the Content in or with any product or service that you create or distribute;
- copy any of the Content onto your own or any other website;
- use the Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Website, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Website (including without limitation uploading, posting or otherwise transmitting on the Website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Website’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website or the Content in whole or in part);
- use the Website, the Content or User Modifications in any manner that: (i) infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights); (ii) is unlawful; (iii) violates any right of any of the SCCA Parties; (iv) is prohibited by the Terms (including by accessing the Website from any location where such access may be illegal or prohibited); (v) is unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, intimidating, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or discriminating to any individuals or groups (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct or the commission of a crime or other unlawful activities); or (vi) is otherwise objectionable or which does not respect the legal rights and interests of others;
- use the Website, the Content or User Modifications in any data matching or data mining, including without limitation the collection or use of information about other users (including their email addresses) without their consent;
- post or submit any materials to the SCCA or the Websites which would violate any of the restrictions set out in the Terms;
use the Website for commercial purposes or activities, including, without limitation:
- selling or offering to sell any goods or services;
- soliciting for advertisers or sponsors;
- conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person;
- displaying advertising or sponsorship banners, including those generated by banner or link exchange services;
- soliciting for donations; or
- use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
use the Website in any manner that may:
- dilute or depreciate the name and reputation of any of the SCCA Parties or their respective property, including any Marks (as defined herein);
- interfere with any other persons’ use and enjoyment of the Website or of the Internet generally;
- result in the circumvention or breach of any user authentication, password, security or control measures regarding the Website or any other Internet resource or computer system;
- conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any SCCA Party (as defined below); or
- disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or other security number) without that person’s permission; and
- “mirror” any of the Content on any other server.
User Communications – Additional Terms and Conditions. Without otherwise limiting any other provision of these Terms, to the extent that the Website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
- is unlawful;
- is untrue, inaccurate and/or incomplete. To the extent applicable, you agree to promptly correct any content that you have provided in the event that it becomes untrue, inaccurate and/or incomplete;
- includes personal or identifying information about another person without that person’s explicit consent;
- constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
- 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;
- disrupts the normal use of the Website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use the Website; or
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website.
The SCCA and its service providers may rely on information or content that you provide. You are responsible for any and all loss, damage, or additional costs that you or any of the SCCA Parties may incur as a result of any content that you provide, including where such content is in violation of any of the provisions of the Terms.
In the event that you send unsolicited ideas, suggestions or other materials in any format (“Submissions”) to the SCCA or the Websites, you will be deemed to have automatically granted to the SCCA and its successors and assigns, an irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the SCCA or its successors or assigns, and you hereby acknowledge that you waive all moral rights (including the right to be associated with the Submission) in the Submissions upon their submission to the Website.
This section shall survive any termination or expiry of these Terms.
Podcasts and Webcasts – Additional Terms and Conditions. With respect to podcasts and webcasts available through the Website (“Podcasts” and “Webcasts” respectively (which, for greater certainty, form part of the Content)), and without otherwise limiting any other provisions of these Terms, you:
- may only download Podcast content to your computer or other electronic device solely for your private, non-commercial use. Any other uses, including, for example, the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast or Webcast content, is strictly prohibited;
- prohibited from modifying or redistributing Podcast or Webcast content.
Without limiting the provisions of the Section “COPYRIGHT”, below, Podcast and Webcast content is protected by Canadian copyright law and international conventions and laws of other countries.
Account Number and Password. You are responsible for maintaining the confidentiality of your account information, if any, including, for example, your password and all uses of your membership account, whether or not actually or expressly authorized by you.
All Content is the property of the SCCA or its content contributors/suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of the SCCA or its content contributors/suppliers, as the case may be.
The SCCA and its content contributors/suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. In addition, the SCCA and its content contributors/suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Website and to object to any use, distortion or other modification of such Content.
Nothing in the Website is to be interpreted as conferring a right to use the Content or the material protected by the Copyright Act (Canada) or equivalent foreign laws.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Website.
VI. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. The SCCA investigates notices of alleged infringement and takes appropriate actions under applicable law.
If you believe your work has been copied in a way that constitutes copyright infringement, please send an email to email@example.com with the following information and otherwisein accordance with the Copyright Act (Canada): (i) the claimant’s name and address; (ii) the work or other subject-matter to which the claimed infringement relates; (iii) the claimant’s interest or right with respect to the copyright in the work or other subject-matter; (iv) the location data for the electronic location to which the claimed infringement relates; (v) the infringement that is claimed; and (vi) the date and time of the commission of the claimed infringement.
Certain names, words, titles, phrases, logos, icons, graphics or designs in the Website constitute trade-marks, trade-names, trade dress and/or associated products and services of: (i) the SCCA Parties; (ii) SCCA’s partners, licensors, content providers, service providers and/or contractors; and/or (iii) other third parties (collectively, the “Marks”) and may be protected by Canadian law, international conventions and/or laws of other countries. The display of Marks on the Website does not convey or create any licence or other rights in the Marks. Any use of a Mark, in whole or in part, that is accessible via the Website without prior written authorization of: (a) the owner of the Mark; or (b) a person who is authorized (by licence or otherwise) to confer such authorization in respect of the Mark, is strictly prohibited.
VIII. GENERAL DISCLAIMER
THE SCCA MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE IS PROVIDED BY THE SCCA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SCCA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SCCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SCCA DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM THE WEBSITE OR THE SCCA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SCCA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE WEBSITE. YOU UNDERSTAND THAT THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE SCCA. NONE OF THE SCCA PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ANY OF THE SCCA PARTIES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE SCCA’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR AGENTS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE SCCA.
CERTAIN PROVINCIAL, STATE AND FEDERAL LAWS, AS THE CASE MAY BE, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If, despite the foregoing disclaimers of all liability, the SCCA is found by operation of law to be liable to you in any way in connection with your use of the website, THE SCCA’s maximum cumulative liability to you shall be limited to CDN$100.
IX. GENERAL LIMITATION OF LIABILITY
Without limiting any other provision of these Terms, none of the SCCA Parties shall have any responsibility or liability to you or any other person for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including, without limitation, damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, injury, loss of information or programs or data, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with your use, misuse or reliance on the Website or the Content or any use or access to the Website, the Content, the User Modifications, and/or any Third Party Website (including without limitation any damages suffered as a result of omissions or inaccuracies in such sites or content, or the transmission of confidential or sensitive information to or from such sites). The foregoing limitation shall apply even if the SCCA or any of the other SCCA Parties have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable. This Section IX shall survive any termination or expiry of these Terms.
You agree to indemnify, defend and hold each of the SCCA Parties harmless from any liability, loss, claim and expense, including reasonable lawyer’s fees and costs, that it, he or she, as the case may be, may incur as a result of or arising from: (i) any information submitted, posted, or transmitted on or through the Website through your account; and/or (ii) the use of the Portal under your account; including any violation of these Terms, and any violation of any rights of any other person or entity, including, without limitation, any intellectual property right, privacy right, or any other legally protected right of any individual or entity. This Section X shall survive any termination or expiry of these Terms.
XI. BLOG TERMS
Blog entries that are posted on the Website (“Blogs”) will be written by internal authors and will be author-moderated. The SCCA reserves the right, in its sole discretion, to exercise editorial control over posted content, including without limitation removing, adding, modifying or otherwise changing any blog posting, in whole or in part. By submitting a comment to a blog, you agree that the SCCA may post the comment in its entirety, in an edited version, or not at all. Generally, any editing will be done primarily for purposes of clarity, length or deletion of offensive, inappropriate, or potentially defamatory material.
Comments or opinions expressed on a Blog are those of their respective authors and contributors, and do not represent the views of the SCCA. The SCCA has no obligation to screen or censor any of the Blogs, although as described above, the SCCA reserves the right, in its sole discretion, to do so from time to time. The SCCA for itself and on behalf of the other SCCA Parties disclaims any responsibility and liability for, the truth, accuracy, or completeness of any Blog, or the quality, safety or legality of the subject of the Blog. Persons authoring and/or contributing to the Blog are responsible for the form, content and accuracy of the Blog. In addition, because user authentication on the Internet is difficult, the SCCA cannot and does not confirm that each user is who they claim to be. As a result, User acknowledges there may be, and assumes all, risks associated with dealing with other users with whom User comes in contact through the Website, including without limitation risk of harm in dealing with strangers, foreign nationals, underage persons or people acting under false pretenses.
XII. PERSONAL INFORMATION
XIII. NON-PERSONAL INFORMATION & COOKIES
The SCCA may collect non-personal identification information about you via the Website. Non-personal identification information may include the browser name, the type of computer and technical information about your means of connection to the Website, such as the operating system and the Internet service providers utilized and other similar information.
The Website also uses “cookies” to help personalize and maximize your online experience. Cookies are text-only pieces of data that a website transfers to your hard drive or other website-browsing equipment for record-keeping purposes. Cookies often include unique, non-personal identifiers and permit the Website to recognize you and to keep track of your preferences. Three typesof cookies may be employed during your visit to the Website.
- third-party cookies: these are installed by third parties (including Google and Facebook, as described below in paragraphs (b) and (c) of this Section XIII) with the aim of collecting certain information to carry out various research into behaviour, demographics, etc. An example of such a cookie is Facebook like button or sharing on social media options;
- “session” cookies, which are not permanently stored on your hard drive and are permanently deleted from your computer after two hours of inactivity or when you end your session (i.e. leave the Website), and are used solely to help you to navigate the Website; and
- “persistent” cookies, which remain on your computer so that the Website can recognize you when you return. Persistent cookies will remain on your computer after you have left our Website and will expire when you log out of the Website, or 60 days after your last visit for security cookies.
Cookies are also used for the following reasons:
- When you watch a video clip or listen to an audio clip on through the Website, a cookie may take note of which media player (such as Real Player or Windows Media Player) and which type of clip (high or low bandwidth) you prefer to use on your computer. Note, however, that you can change your video and audio preferences at any time, or choose a player each time you view or listen to a clip.
Cookies are not used to run programs or to deliver viruses to your computer. Cookies are uniquely assigned to your computer and can only be read by a web server in the domain that issued the cookie to you.
Please note that while most browsers are initially set to accept cookies, you have the ability to disable cookies if you wish, generally through changing your internet browser settings. It may also be possible to change your browser settings to enable acceptance of specific cookies. For more information on enabling and disabling cookies, please refer to the help section on your browser. Disabling cookies may cause some of the services or functions of the Website to become unavailable or inaccessible.
XIV. JURISDICTION AND GOVERNING LAW
The Website is hosted on servers residing in Ontario, Canada, and the Website is controlled by the SCCA from the Province of Ontario, Canada. By accessing the Website, you agree that the agreement hereunder is formed in the Province of Ontario, Canada, and that all matters relating hereto shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflicts of laws principals thereof.
You acknowledge and agree that dispute between you and the SCCA or any other person arising from, in connection with or relating to the Website, the Content or the Terms, shall be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
This Section XIV shall survive the expiry or termination of the Terms.
Please read this Section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes and/or claims arising from or in connection with your use of the Website and/or these Terms (each a “Dispute” and collectively, “Disputes”) through arbitration instead of court proceedings.
- Arbitration in respect of Disputes is final, binding, and subject to limited review by a court. This Section XV shall be broadly interpreted to encompass all Disputes. Any Dispute or claim made by you against SCCA or against any SCCA Party arising out of or related to your use of the Website, whether based on contract, statute, tort, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration.
- The arbitration of any Dispute conducted with the Rules of the Canadian Arbitration Association and any such arbitration shall be brought and held in Toronto, Ontario, and will be conducted in the English language. An arbitrator may not: (a) award relief in excess of or contrary to what these Terms provide; (b) order consolidation or arbitration on a class wide or representative basis; or (c) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
- Any arbitration shall be confidential, and neither you nor us may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
- If any portion of this Section XV is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
- All administrative fees and expenses of arbitration will be divided equally between you and us. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
This Section XV shall survive termination of these Terms.
XVI.TERMINATION OF USE
In the event that you breach any provision of the Terms, then, without limiting any other remedy of the SCCA or any other SCCA Party, you are prohibited from using the Website or any Content. The SCCA has the sole discretion to determine whether a breach of the Terms has occurred.
The SCCA (or any person acting on the SCCA’s behalf) may, at any time and for any reason, with or without cause, and in their sole discretion, immediately:
(i) suspend or terminate (in whole or in part) your authorization to use and/or access the Website or any of the Content; and/or
(a) suspend, terminate, remove or permanently delete and destroy, as applicable, any users of the Website, any identification, URL, IP address, domain name, and/or any material that any user of the Website has posted or submitted to the Website;
(b) restrict access to the materials posted or submitted to the Website; and/or
(c) bar any user from any future use of the Website,
in each case, without any prior notice or any to the user or any other person. You agree to comply with any directions and/or steps taken by the SCCA (or any person acting on the SCCA’s behalf) in the event that any of the above measures are taken, whether in respect of: (a) your use of or access to the Website or any of its Content; or (b) any material that you have posted to the Website, or otherwise.
- Severability. The provisions of these Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Waiver. The SCCA’s failure to insist upon or enforce strict performance of any provision of the Terms or any of its right hereunder shall not be construed as a waiver of any such provision or right.
- Entire Agreement. The Terms together with all other agreements, terms or conditions incorporated or referred to herein, constitute the entire agreement between you and the SCCA relating to the subject matter hereof and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by the SCCA making such amendments or modifications in accordance with the Terms.
- Enurement. The provisions of the Terms will enure to the benefit of and be binding upon the SCCA and its successors and assigns, and the you and your heirs, executors, administrators and personal representatives.
- Headings. The headings of these Terms are inserted for convenience of reference only and do not affect the construction or interpretation of these Terms.
If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org or by mail at 186 Spadina Ave, Suite 6. Toronto, Ontario M5T 3B2, Attention: Privacy Officer.