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Terms

Online Cancer Resources

It is important that you read all the Terms of Use carefully.

The Canadian Cosmetic, Toiletry and Fragrance Association Foundation (Foundation), owns and operates this Website, located at http://facingcancer.ca (the Website). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Website.

1. Acceptance

By accessing and using the Website you are indicating your acceptance to be bound by the terms and conditions of this Agreement.

If you do not accept these terms and conditions, you must not access or use the Website. If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of the Foundation operating Website, your sole and exclusive remedy is to discontinue using it.

The Foundation may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

2. Termination

Foundation may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website, (or any portion thereof).

Foundation may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.

3. Registration

To use certain features of the Website, you may be asked to register with the Website.

You agree to,

(i) Provide true, accurate, current and complete information about yourself as prompted by any registration form; and

(ii) Maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Foundation has the right to suspend or terminate your access to and use of the Website (or any portion thereof).

The Foundation’s use of any personally identifying information you provide as part of the registration process is governed by the terms of Foundation Privacy Policy.

4. Trademarks

The Facing Cancer Together Program is an official mark or trademark of the Canadian Cosmetic, Toiletry and Fragrance Association Foundation. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Foundation or third parties.

While certain trademarks of third parties may be used by the Foundation under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between the Foundation and the owner of said trademark or to imply that the Foundation endorses the wares, services or business of the owner of said trademark.

Nothing contained on the Website should be construed as granting you any license or right to use any trademark logo or design of the Foundation or any third party, without the written permission of the Foundation or the respective owner of any third-party trademark.

5. Submissions

The Website may provide features that allow you to post messages and content, to interact with the Foundation and other users and to upload files, documents or other materials (collectively, Submissions).

When using any of the features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you observe the rules of netiquette and that you do not:

(i) Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of the Foundation imposes an unreasonable or disproportionately large load on the Foundation website infrastructure;

(ii) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;

(iii) Post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

(iv) Post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;

(v) Post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(vi) Post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses;

(vii) Post or transmit junk mail, chain letters, unsolicited mass mailing or spam;

(viii) Use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

By posting or uploading Submissions to the Website, you grant the Foundation a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to:

(i) Use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and

(ii) To sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby

(iii) Agree to waive all moral rights in any Submission in favour of Foundation;

(iv) Consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission;

(v) Acknowledge and agree that Foundation is not responsible for any loss, damage, or corruption that may occur to your Submissions; and

(vi) Acknowledge and agree that any Submissions you provide for display on the Website will be considered non-confidential.

The Foundation may review Submissions before they are posted. The Foundation may refuse to post any Submission to the Website.

The Foundation reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable.

You acknowledge and agree that the Foundation may, in its sole discretion, monitor the Website periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other users of the Website. Any such disclosure shall be in accordance with the Foundation’s Privacy Policy.

The Foundation is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of the Foundation. The Foundation is under no obligation to investigate any complaint regarding any Submission.

The Foundation may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party’s right to access and use the Website (or any portion thereof).

6. Passwords

To use certain features of the Website, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify the Foundation immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

The Foundation cannot and will not be liable for any loss or damage arising from the Foundation’s failure or your failure to protect your password or account information.

7. Governing Law and Jurisdiction

The Website (excluding linked Websites) is controlled by the Foundation from its office within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof.

You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.

You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.


Legal Disclaimer

By accessing and using the Website you acknowledge and agree that use of the Website and the content is entirely at your own risk.

1. Warranties

The Website and content is provided as is.

The Foundation makes no representations or warranties regarding the Website and the content, including, without limitation, no representation or warranty,

(i) That the Website and/or content will be accurate, complete, reliable, suitable or timely

(ii) That any content, including, without limitation, any information, data, software, product or service contained in or made available through the Website will be of merchantable quality or fit for a particular purpose

(iii) That the operation of the Website will be uninterrupted or error-free

(iv) That defects or errors in the Website will be corrected

(v) That the Website will be free from viruses or harmful components, and

(vi) That communications to or from the Website will be secure or not intercepted.

2. Linking

The Website contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Foundation of the contents of such third-party web sites.

The Foundation is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation,

(i) Any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site

(ii) Any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or

(iii) Any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

While the Foundation encourages links to the Website, it does not wish to be linked to or from any third-party web site which,

(i) Contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Foundation or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or

(ii) Contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.

The Foundation reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

You agree to remove any link you may have to the Website upon the request of Foundation.

3. Security

Please note that information sent or received over the Internet is generally unsecure and the Foundation cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

4. Limitation of Liability

Subject to applicable law, in no event shall the Foundation, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if the Foundation knew or ought to have known of the possibility of such damages.

In no event shall the Foundation, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for damages under this Agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (C$100), even if the Foundation has been advised or ought to have known of the possibility of such damages.

In no event shall the Foundation, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of the Foundation or your failure to protect your password or account information.

The Foundation expressly disclaims any and all liability for the acts, omissions, or conduct of any third-party user of the Website or any advertiser or sponsor of the Website (collectively, third-party user). Under no circumstances shall the Foundation and its officers, directors, employees, agents, licensors, be liable for any injury, loss, damages, (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from,

(i) The acts, omissions or conduct of any third-party user, and

(ii) Any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from the Website.

If you decide to access or use any linked web site or content, materials, software, goods or services from a Website linked to the Website, you do so entirely at your own risk.

5.Release

You hereby release the Foundation and its officers, directors, employees, agents, licensors or their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the Website or by third parties through the Website.