Terms of Use

AGREEMENT BETWEEN USER AND Canadian Mental Health Association – Calgary Region (GOTaBRAIN.ca)

The GOTaBRAIN Web site is comprised of various Web pages operated by Canadian Mental Health Association – Calgary Region (CMHA – Calgary Region).

The GOTaBRAIN Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GOTaBRAIN Web site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CMHA – Calgary Region reserves the right to change the terms, conditions, and notices under which the GOTaBRAIN Web site is offered, including but not limited to the charges associated with the use of the GOTaBRAIN Web site.

LINKS TO THIRD PARTY SITES

The GOTaBRAIN Web site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of CMHA – Calgary Region and CMHA – Calgary Region is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CMHA – Calgary Region is not responsible for webcasting or any other form of transmission received from any Linked Site. CMHA – Calgary Region is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CMHA – Calgary Region of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the GOTaBRAIN Web site, you warrant to CMHA – Calgary Region that you will not use the GOTaBRAIN Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GOTaBRAIN Web site in any manner which could damage, disable, overburden, or impair the GOTaBRAIN Web site or interfere with any other party’s use and enjoyment of the GOTaBRAIN Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GOTaBRAIN Web sites.

USE OF COMMUNICATION SERVICES

The GOTaBRAIN Web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

CMHA – Calgary Region has no obligation to monitor the Communication Services. However, CMHA – Calgary Region reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CMHA – Calgary Region reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CMHA – Calgary Region reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CMHA – Calgary Region’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CMHA – Calgary Region does not control or endorse the content, messages or information found in any Communication Service and, therefore, CMHA – Calgary Region specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CMHA – Calgary Region spokespersons, and their views do not necessarily reflect those of CMHA – Calgary Region.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO GOTaBRAIN OR POSTED TO GOTaBRAIN WEB SITE

CMHA – Calgary Region does not claim ownership of the materials you provide to GOTaBRAIN (including feedback and suggestions) or post, upload, input or submit to GOTaBRAIN Web site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CMHA – Calgary Region permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CMHA – Calgary Region is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CMHA – Calgary Region’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE GOTaBRAIN WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CMHA – Calgary Region MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GOTaBRAIN WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE GOTaBRAIN WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CMHA – Calgary Region MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED ON THE GOTaBRAIN WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CMHA – Calgary Region HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND RELATED GRAPHICS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CMHA – Calgary Region BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GOTaBRAIN WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GOTaBRAIN WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION AND RELATED GRAPHICS OBTAINED THROUGH THE GOTaBRAIN WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GOTaBRAIN WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CMHA – Calgary Region HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GOTaBRAIN WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GOTaBRAIN WEB SITE.

SERVICE CONTACT: gotabrain@portal.ionline.ca

TERMINATION/ACCESS RESTRICTION

CMHA – Calgary Region reserves the right, in its sole discretion, to terminate your access to the GOTaBRAIN Web site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by and construed in accordance with the laws of Canada and the Province of Alberta and you hereby consent to the exclusive jurisdiction and venue of Federal Court of Canada and/or the courts of the Province of Alberta in all disputes arising out of or relating to the use of the GOTaBRAIN Web site. Use of the GOTaBRAIN Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CMHA – Calgary Region as a result of this agreement or use of the GOTaBRAIN Web Site. CMHA – Calgary Region’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CMHA – Calgary Region’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GOTaBRAIN Web Site or information provided to or gathered by GOTaBRAIN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CMHA – Calgary Region with respect to the GOTaBRAIN Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CMHA – Calgary Region with respect to the GOTaBRAIN Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All materials displayed or otherwise accessible through the GOTaBRAIN Web site are protected under Canadian and foreign copyright or other laws, and are owned by CMHA – Calgary Region, its licensors, or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through GotaBrain Web site. ANY USE, RPEORDUCTION,ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPOLITATION OF THE WEBSITE OR ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CMHA – CALGARY REGION.

TRADEMARKS
The Canadian Mental Health Association – Calgary Region, and Canadian Mental Health Association logos, and the GOTaBRAIN logo are marks or trademarks of the Canadian Mental Health Association. Other names , words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on this Web site may constitute registered or unregistered trademarks of CMHA – Calgary Region or other third parties. While certain trademarks of third parties may be used by CMHA – Calgary Region under license, the display of third-party trademarks on GOTaBRAIN should not be taken to imply any relationship or license between CMHA – Calgary Region and the owner of said trademark, or to imply that CMHA – Calgary endorses the wares, services, or business of the owner of said trademark. Nothing contained on GOTaBRAIN should be construed as granting you any license or right to use any trademark logo or design of Canadian Mental Health Association or any third party, without the written permission of Canadian Mental Health Association, Canadian Mental Health Association – Calgary Region, or the respective owner of any third-party trademark.

Any rights not expressly granted herein are reserved.