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Terms of Use Agreement for Welcome to Parenting It is important that you read the following page carefully. This Terms of Use Agreement (“Agreement”) is a legally enforceable agreement between you, on the one hand, and Renfrew County Youth Services, carrying on business as The Phoenix Centre for Children and Families (“The Phoenix Centre”), which is the owner and operator of the Welcome to Parenting Website and E-learning Courses (collectively “the Website”) and the City of Toronto (“City”), on the other hand. For purposes of this Agreement only, unless any statement found herein states or suggests otherwise, any reference to The Phoenix Centre shall be deemed to include the City. This Agreement states the terms and conditions under which you may access and use the Website including all written and other materials displayed or made available on the Website. By clicking on the check box provided at the beginning of this section, you are certifying that you have read and agree to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions by not checking the box provided, you will not be able to register for E-learning Courses or access and use the Welcome to Parenting Website. The Phoenix Centre may revise the terms and conditions of this Agreement at any time by updating this page. By visiting the Website you will be bound to the current terms and conditions of the Agreement. It is your responsibility to check this page for revisions to the Agreement each time you visit the Website. Disclaimers THE WEBSITE IS PROVIDED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY, AND THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NONE OF THE INFORMATION PROVIDED IS OFFERED OR INTENDED AS ADVICE, DIAGNOSIS OR TREATMENT. YOU MUST SEEK THE ASSISTANCE OF A QUALIFIED PROFESSIONAL REGARDING ANY PERSONAL PROBLEMS OR CONDITIONS. THE PHOENIX CENTRE USES ALL REASONABLE EFFORTS TO PROVIDE INFORMATION AND CONTENT THAT ARE CORRECT, ACCURATE, AND CURRENT, AND TO MAINTAIN THE WEBSITE IN PROPER WORKING ORDER, BUT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR COVENANT (I) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) THAT DEFECTS OR ERRORS IN THE WEBSITE, WHETHER HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; (III) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE WEBSITE WILL BE FREE FROM OBJECTIONABLE CONTENT POSTED BY INDIVIDUAL ACCOUNT HOLDERS; OR (V) THAT THE INFORMATION AND CONTENT OF THE WEBSITE ARE COMPLETE, ACCURATE AND RELIABLE. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND LIABILITY. IN NO EVENT WILL THE PHOENIX CENTRE BE LIABLE FOR ANY LOSS, LIABILITY OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL) OF ANY KIND, SUFFERED BY YOU OR A THIRD PARTY, ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE MATERIALS ON THE WEBSITE. Copyright and Trademarks The materials on the Website are the property of The Phoenix Centre or its licensors (i.e., the City), and are protected by copyright, trademark and other intellectual property laws. Except for the limited licence granted to you if you register for an E-learning Course, The Phoenix Centre and its licensors expressly reserve all rights and licences to the material and content on this Website. Nothing contained on the Website should be construed as giving you any licence or right to use any trademark displayed on the Website. You may save, print and display the information you obtain through this Website for your own personal, non-commercial use, but you may not reproduce or modify the materials, or distribute copies of the materials by any means, with the prior consent of The Phoenix Centre or the City, as the case may be. You are free to encourage others to access the Website themselves. Privacy, Passwords and Security Privacy As part of the registration process for the E-learning Courses you will be required to provide the following personal information: 1. Your name and contact information. The Phoenix Centre will not disclose your name or contact information, except to staff of The Phoenix Centre who have a need to know, without your prior permission. 2. Your username. This can be your real name or a name that does not identify you. If you use your real name, or a modification of your real name that could allow others to identify you, you consent to The Phoenix Centre sharing the username with other users of the Website. 3. The delivery due date of your baby. This information will be used only to assign you to a small group of parents expecting a baby at the same time. If you provide the delivery due date of your baby, you consent to The Phoenix Centre using the information solely for the purpose of assigning you to a group. You agree that the personal information you provide will be accurate and complete and that you will not register under the name of another person. Once your payment is confirmed you will be prompted to create your own account/profile that may contain personal information about you. Within this form, you will be able to select the level of privacy regarding information that you may wish to share with others. The Website will also allow you to post messages and content to designated areas such as the Parent Q and A Forum and the Birth Clubs, and to upload files, images, documents, or other materials. By posting or uploading to the Website, you consent to the disclosure of the information. You understand and agree that information that you share on the Website through your account/profile or through posting or uploading is not information that is collected or shared by The Phoenix Centre, but only by you. The Phoenix Centre is not responsible for disclosure of personal information that you share through your account/profile or the Website, and will not be liable for any loss or damage arising from such disclosure. If you agree to participate in an evaluation of the Website or E-learning Courses, with your consent we will collect personal or health information from you, but this information will only be available to our research staff and will not be made available to any third party without your prior permission. Your privacy is important to us. Please review our policy on Protection and Use of Your Personal and Health Information Consent- link to document and Consent. Passwords When you set up your own account/profile you will be required to create a password. We encourage you to use “strong” passwords (use a combination of upper and lower case letters, numbers and symbols) with your account. You will notify us immediately of any unauthorized use of your password at contact@welcometoparenting.com Security It is important to maintain the security of the Website. As a user of the Website you will not do any of the following: 1. You will not upload viruses or other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 2. You will not solicit another’s password or login information or access an account belonging to someone else. 3. You will not send or otherwise post unauthorized commercial communications (such as spam) on the Website. 4. You will not collect other Website users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers). 5. You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack. You are legally responsible for any and all activities which occur under your account. Submissions to the Website Content of Submissions The Website provides features which allow you to post messages and content to designated areas such as the Parent Q and A Forum and the Birth Clubs. These areas allow you to interact with other parents, Parent Educators and Experts and also to upload files, images, documents, or other materials (“Submissions”). You will not make a Submission that: - intentionally or unintentionally violates any applicable local, provincial, state, national or international laws - is indecent, obscene, pornographic, or vulgar, or contains nudity or gratuitous violence - is harmful, abusive, threatening, bullying, intimidating, harassing, discriminatory, hateful, or racially, ethnically or otherwise objectionable - is untrue, defamatory or malicious - harms children in any way - infringes the rights of others including privacy, publicity or copyright, or impersonates any other person - advertises or solicits business, or is unlawful multi-level marketing The Phoenix Centre does not pre-approve, control, endorse, or guarantee the lawfulness, accuracy, or quality of the content of any Submissions and has no obligation to monitor the Submissions. The Phoenix Centre is therefore not responsible for any damage that may result from a Submission. However, The Phoenix Centre reserves the right at all times to edit, refuse to post or delete any Submission, in whole or in part, that, in The Phoenix Centre’s sole opinion, violates the terms and conditions of this Agreement. You may notify the Phoenix Centre of any objectionable Submission content at contact@welcometoparenting.com The Phoenix Centre will disclose to law enforcement agencies and to third parties making requests under applicable law any information necessary to satisfy any law or regulation, including disclosing the identity of anyone posting unlawful or objectionable Submissions. You are legally responsible for any Submission that you post, as well as for any and all other activities which occur under your account. License regarding Submissions By posting or uploading Submissions to the Website, you consent to the disclosure and display of such Submissions and their content and any other information which is associated with such Submissions. You grant to the Phoenix Centre a royalty-free perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions and any copyright or trademark associated with such Submissions for any lawful purpose. As well you waive all moral rights in your Submissions in favour of The Phoenix Centre. You acknowledge and agree that The Phoenix Centre is not responsible for any loss or corruption of, or damage to, your Submissions. Linking to Other Websites The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement of those websites by The Phoenix Centre. The Phoenix Centre is not responsible for the content and materials found on third-party websites, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, suitability or freedom from objectionable material of any content on the third-party website, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of the third-party website’s content or software, or of goods or services located at or made available through the third party website, (iii) any representation, warranty or covenant that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third party website will be corrected, or that such third-party website will be free from viruses or other harmful components. The Phoenix Centre encourages linking from other websites to the Website however reserves the right to prohibit or refuse to accept or to delete any link. The Phoenix Centre does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful, indecent or objectionable content or information of any kind, violates any local, provincial, state, national, or international law or regulations; posts or transmits any material or information of any kind which violates or infringes the rights of others. You agree to remove any link you may have to the Website upon the request of The Phoenix Centre. Indemnity You hereby agree to indemnify and hold harmless The Phoenix Centre and the City from and against any loss, liability, damage or expense of whatever nature that the Phoenix Centre, the City or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use or misuse of the Website. Termination The Phoenix Centre has the right to terminate your password and account immediately if you have violated any of the terms and conditions of this Agreement. Governing law The Website is operated by The Phoenix Centre from its offices within the Province of Ontario, Canada. You agree that all matters relating to your access to, or use of the Website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree that any dispute or claim arising out of your access to and use of the Website will be settled by arbitration by a single arbitrator, at Toronto, Ontario. Entire Agreement and Waiver These terms and conditions constitute the sole agreement between you and the Phoenix Centre in relation to your use of the Website. Neither you nor The Phoenix Centre will be bound by any express or implied representation, warranty, or promise not recorded in this Agreement. This Agreement supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between you and the Phoenix Centre with respect to your use of the Website. No failure or delay on the part of you or the Phoenix Centre to exercise any right or remedy under this Agreement shall be construed or operate as a waiver of any terms or conditions of the Agreement. Severability In the event that any term or condition of this Agreement shall be held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the entire Agreement shall not fail on that account, and the remainder of the Agreement shall continue in full force and effect. Acceptance This is a legal contract that will bind you and The Phoenix Centre as soon as you click on the “Submit” button below. “I have read and accept the terms and conditions of this Agreement.”
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