terms of use

TERMS AND CONDITIONS OF USE

 

Last updated: February 5, 2019

 

These Terms and Conditions of Use (“Terms”) govern your rights and obligations regarding your access to and use of the applications, websites, software, content, products, and services (collectively, the “Site”) provided by Atlantic Institute for Resilience Inc. (herein referred to as “AIR”, “we”, “us”, and “our”). These Terms constitute a fully binding agreement between AIR and you, the user of the Site (referred to herein as “you” and “your”), so please read them carefully. By accessing or using the Site, you agree to be bound by, and comply with, the terms and conditions contained herein, and our Privacy Policy found at [http://air-institutes.com/privacy-policy/]

 

AIR reserves the right, in its sole discretion, to revise and update these Terms from time to time. The date on which these Terms were last updated will appear at the top of this page. Your continued use of the Site after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision to which you are bound. If you do not agree to the Terms or the Privacy Policy at any point, you may not access or use the Site.

 

AIR may immediately terminate these Terms and/or cease offering or deny access to the Site or any portion thereof, at any time, for any or no reason.

 

Description

 

The Site is designed to provide you solely with general information with respect to mental fitness and resilience. AIR is not a healthcare provider and it cannot give you medical advice or diagnose or treat medical conditions. The Site is not a form of medical, psychological, or psychiatric treatment for a disease, condition, or illness, and use of the Site is not a substitute for any treatment methods that licensed medical or mental healthcare practitioners might recommend. If you require medical or mental health treatment, call your local emergency number or contact your healthcare provider.

 

Accounts

 

To access and use the Site, you will need to register an account (“Account”). The only information you need to submit in order to open an Account is an active email address. You are solely responsible for maintaining the confidentiality of the password associated with your Account and accept responsibility for all activities that occur under your Account. AIR endeavours to use reasonable security measures to protect against unauthorized access to your Account but AIR cannot guarantee absolute security of your Account or your Content and cannot promise that our security measures will prevent third-party “hackers” from illegally accessing your Account. If you become aware that there has been, or have reason to suspect that there may be, unauthorized use of your Account, or any other breach of security, you agree to immediately notify AIR at [office@air-institutes.com] and to immediately take all necessary steps to prevent such unauthorized access, including changing your password.

 

AIR reserves the right at any time and from time to time, to disable or terminate your Account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

 

License

 

Subject to and conditional on your strict compliance with all terms and conditions set forth in these Terms and the Privacy Policy, AIR grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site. You may only access and use the site for personal and non-commercial purposes.

 

Conditions of Use and Content Standards

 

As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms.

 

The following standards and restrictions apply to your conduct and to any and all content, material, and information, including, but not limited to, personal information, images, videos, graphics, sounds, texts, and emails (“Content”) you submit, post, publish, display, transmit, or make available (collectively, “submit”) to the Site.

 

Without limiting the foregoing, you agree as follows:

 

  1. You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, hack, attempt to derive or gain access to the source code of, or create derivative works or improvements of, the Site, or any features or functionality thereof.

 

  1. You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, publicly perform, transmit, stream, broadcast, or make available, the Site, or any features or functionality thereof, to any third party for any reason.

 

  1. You will not remove, delete, alter, obscure, any copyright, trade-mark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Site.

 

  1. You will not use the Site for purposes of competitive analysis, the development of a competing product, copying and/or exploiting ideas, features, or functions of the Site, or any other purpose that is to our disadvantage.

 

  1. You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.

 

  1. You will not introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

  1. You will not attempt to gain unauthorized access to or impair any aspect of the Site, or its related systems or networks.

 

  1. You will not impersonate, attempt to impersonate, or otherwise misrepresent your affiliation with AIR, an AIR employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

 

  1. You will not provide or contribute any false, inaccurate, or misleading information.

 

  1. You will not participate in any form of action or conduct, or submit any Content, that: 

 

    1. is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground;
    2. interferes or violates any third party’s, or any other user of the Site’s, right to privacy, or other rights, including intellectual property rights;
    3. causes annoyance, inconvenience, or needless anxiety to other users of the Site, or any third party;
    4. is likely to upset, embarrass, or alarm any user of the Site or any third party; or
    5. may otherwise have a disruptive, destructive, or negative impact on AIR, other users of the Site, or any third party.

 

  1. You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm AIR or users of the Site or expose them to liability.

 

  1. You will not promote or engage in any illegal activity, or advocate, promote, or assist any unlawful act.

 

  1. You will not, in any manner, violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or submit Content that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

 

Content

 

You understand that all Content available through the Site is the sole responsibility of the person from whom such Content originated. This means that you, not AIR are entirely responsible for all Content that you submit through the Site. 

 

AIR does not claim ownership of any Content that you submit through the Site. Unless otherwise stated, you retain copyright and other rights already possessed by you over Content that you submit through the Site. 

 

By submitting Content, you declare and warrant that you own or have the necessary rights to submit the Content. You are not permitted to copy, reproduce, modify, alter, translate, adapt, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, publicly perform, transmit, stream, broadcast, or make available any Content which you do not own, or to which you do not have a license or authorization to use, to which you may gain access through use of the Site.

 

Intellectual Property

 

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the AIR, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. By using the Site, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.

 

We do not grant you a right or license to reproduce content from the Site, for any reason.

 

Third Party Sites

 

Links on the Site to other websites, applications, or resources provided, operated, or maintained by parties other than AIR (“Third Party Sites”) are provided to you for convenience only. By accessing such Third Party Sites through the Site, you are consenting to the terms of service and privacy policies of those Third Party Sites. We are not responsible for the availability of such Third Party Sites, and we do not accept any responsibility or liability for their content or policies. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.

 

Disclaimer of Warranties

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AIR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, AIR DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, AIR DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCE WILL AIR, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, SUPPLIERS, REPRESENTATIVES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SITE, OR YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY THIRD PARTY SITES.

 

Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AIR, its directors, officers, employees, shareholders, affiliates, subsidiaries, partners, licensors, suppliers, representatives, agents, contractors, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with: (i) your use of the Site, or the Content you submit through the Site; (ii) your breach or violation of these Terms or the Privacy Policy; or (iii) your violation of the rights of another person or entity.

 

No Waiver

 

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

Dispute Resolution and Governing Law

 

These Terms and the Privacy Policy (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of choice or conflicts of law. You expressly agree that any action arising out of or relating to your use of the Site shall be filed in a court in the Province of Nova Scotia and that you attorn to the jurisdiction of that court.

 

Severability

 

If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

 

Entire Agreement

 

These Terms, together with the Privacy Policy, constitute the entire agreement and understanding between [AIR] and you with respect to their subject matter, and replace and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and undertakings regarding the subject matter, whether written or oral.

 

Contact Us

 

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:

 

[Admin office@air-institutes.com]

 

 

 

AIR Head Office

The Atlantic Institute for Resilience

5943 Spring Garden Rd.

Halifax, NS, B3H 1Y4

Phone: 902.404.3768

Email: office@air-institutes.com