B. Minimum Age
LOVELL requires that any User be at least 13 years of age before creating a user account. In some jurisdictions this age limit may be higher. If you do not qualify, you are not permitted to create a user account or use the Sites or Services. If you are using a LOVELL Site or the Services on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Sites and the Services.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Sites.
D. Account Access
We may, in our discretion, permit you to authorize additional users to use your LOVELL account. For purposes of this Agreement, you are the “Account Owner” and any other users you authorize will be deemed “Authorized Users”. You will be responsible for each Authorized User’s use of your LOVELL account and each Authorized User’s compliance with this Agreement.
- COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, the LOVELL Sites, and all text, images, marks, logos and other content contained herein, including, without limitation, the LOVELL logo, Kelly A. Lovell, The Change Generation, The Kelly Effect, MyEffect, #BridgingTheGap, YOU Effect, The Power of YOUth book, and all designs, text, graphics, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of LOVELL or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
LOVELL, its logo and all other product or service names or slogans displayed on the LOVELL Sites are registered and/or common law trademarks of LOVELL and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LOVELL or the applicable trademark holder. In addition, the look and feel of the LOVELL Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LOVELL and may not be copied, imitated or used, in whole or in part, without the prior written permission of LOVELL.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHER MODIFICATION OF LOVELL SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF LOVELL IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and /or criminal penalties.
- MESSAGES AND PROHIBITION ON SPAM
You may not use the LOVELL Sites or the Services for purposes of sending unsolicited SMS, voice or email messages (sometimes called “spam”). You agree to be bound by and comply with all applicable anti-spam legislation, including, without limitation, Canada’s anti-spam legislation.
Without limiting the remedies available to LOVELL for any breach of this Agreement, LOVELL may immediately restrict, suspend or terminate your access to LOVELL Sites at any time and without notice if LOVELL, in its sole discretion, determines that you have violated any applicable anti-spam legislation.
In your use of the LOVELL Site or the Services, you shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. You agree that for any email message sent by you using the Sites or the Services will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
- PROVISION OF SERVICES AND USER CONDUCT
A. LOVELL’s Responsibilities and Use of Sites and Services
You acknowledge that you are solely responsible for all data input and that LOVELL is responsible solely for (i) providing the Site platform and interface and instructions on how to use same, and (ii) providing data storage on the Site utilizing industry standard safeguards for the protection thereof. You are solely responsible for ensuring adherence to all such instructions on how to use the Sites and Services.
Save and except for its obligations set forth above, LOVELL takes no responsibility and assumes no liability for any content or data input or stored or uploaded by you or any third party (including, without limitation, all contact information and message content), or for any loss or damage thereto.
You further agree to comply with the following in connection with your use of the Sites and the Services:
- You may not access or use the Sites or the Services in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Sites or the Services that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site or the Services).
- You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Sites or the Services for any unauthorized purpose.
- You may not use the Sites or the Services in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Sites or the Services, including LOVELL’s servers, computer network, or user accounts.
- You may not use the Sites or the Services in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Sites or the Services.
- You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Sites or the Services for public or commercial purposes without our express written permission.
- You shall not interfere with or disrupt the Sites or any related LOVELL websites or servers or networks connected to the Sites or the Services.
- You shall not restrict or inhibit any other user from enjoying and using the Sites or the Services.
- You shall not use the Sites or the Services in violation of applicable law or third party rights (including third party terms of service), and shall not use the Sites or the Services for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
- You may only use our templates, any images we provide, or any other features or functionality of the Services with the Services themselves (for example, you may not take an image or template and use it on your website). This restriction also applies to customized templates prepared by our professional services group.
- You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Services. If you own the document or image, you can use it outside of the Services so long as it is not hosted by us.
B. Restrictions on Use
You expressly agree not to transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
- content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, federal or international law
- content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
- content that would violate or infringe upon the rights of others
- content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
- content that is false and misleading
- unsolicited promotions, political campaigning, advertising or solicitations
- viruses, corrupted data or other harmful, disruptive or destructive files
- content that, in the sole judgment of LOVELL, is objectionable or which may expose LOVELL or its affiliates or its users to any harm or liability of any kind.
Any use of the Sites in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Sites or Services.
C. Limitations on Use
You understand that delivery of messages by means of the Sites or the Services may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
You agree that we may establish general practices and limits concerning use of the Sites or the Services. We reserve the right to modify, revise, suspend or discontinue any Service in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Services in any manner.
D. Grant of Rights
By posting on a LOVELL Site, and without necessity of any further consideration, you automatically grant (or warrant that the owner of such materials expressly grants) LOVELL a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, store, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials and to use such content for promotional and marketing purposes. You hereby waive any “moral rights” you may have in any such content.
- RESTRICTIONS AND RESPONSIBILITIES
A. No Rights in Software
Nothing on the Sites shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Sites or the Services or any software, documentation, or data related to the Sites or the Services (“Software”); remove any proprietary notices or labels from the Sites or the Services or any Software; modify, translate, or create derivative works based on the Sites or the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Sites or the Services or any Software. If you are using the Sites or the Services in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Sites, the Software or the Services, then you hereby covenant that, prior to engaging in such activities, you will first request that we perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
B. Compliance with Laws
The Sites and the Services shall only be used for lawful purposes and you shall use the Sites and the Services only in compliance with this Agreement, and all applicable laws, including, without limitation all applicable anti-spam legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, defamation and copyright and trademark infringement.
Although we have no obligation to monitor the content provided by you or your use of the Sites or the Services, we may do so and may block any messages, remove any content, including surveys, event registrations or social campaigns, or prohibit any use of the Sites or the Services that we believe may be (or is alleged to be) in violation of the foregoing or any other provision of this Agreement.
- THIRD-PARTY WEBSITES AND SERVICES
The Sites may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services and social network platforms (each, a “Third Party Service”). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk.
You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.
We may terminate any Third Party Service’s ability to interact with the Sites or any of the Services at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Services at any time, with or without notice, and we will not be liable to you or to the third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.
- USERNAME AND PASSWORD
You are responsible for maintaining the security of your user account and passwords (including the passwords that your Authorized Users, if any, have access to). We will accept the instructions of any individual who claims to be authorized to direct changes to your user account so long as such person presents the user account owner username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Sites or the Services. You shall be solely responsible and liable for any activity that occurs under your username and the activities of your Authorized Users, if any, and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your user account or any other breach of security.
- DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITES, OR OBTAINED FROM A WEBSITE TO WHICH THE SITES ARE LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. LOVELL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH A LINKED SITE BY ANY PARTY OTHER THAN LOVELL (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LOVELL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT OBTAINED FROM A LINKED SITE.
- LIMITATION OF LIABILITY
You waive and covenant not to assert any claims or allegations of any nature whatsoever against LOVELL, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Sites, the Services or any other materials contained in or accessible through the Sites.
In no event shall the aggregate liability of LOVELL, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay to LOVELL for Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOVELL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOVELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITES, CONTENT OR ANY RELATED SERVICES.
You hereby release and forever discharge LOVELL, its affiliates, and their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns (collectively, “Releasees”) from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages, judgments and demands whatsoever in law, equity or any kind, type, or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or arising out of any dispute with, any harm or injury (including, without limitation, personal injury or damage to property) caused by, or any other act or failure to act by, any, advertisers, sponsors, other users of this Site and/or any other third parties, including any products and/or services offered or provided by third parties.
If your user account is classified (at our sole discretion) as inactive for over 120 days, we have the right to permanently delete any of your data which has been stored.
- SURVIVAL OF TERMS
- APPLICABLE LAW AND VENUE
The Sites (excluding Third-Party Sites) is controlled by LOVELL and operated by it from its offices in Kitchener, Ontario. However, the Sites are accessible in all Provinces of Canada and in other countries. You and LOVELL explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Sites will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify LOVELL for your failure to comply with any such laws.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
- QUESTIONS AND COMMENTS
810-1061 Queen’s Blvd
Last updated: June 24, 2017