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, ChangeLeader, MyEffect, YOUNGA®, ImpactResumes, ChangeCreds, BridgingTheGap, BridgingTheGap Forums, BTG Alliance, 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.
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.
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.
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.
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.
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.
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.
810-1061 Queen’s Blvd
Last updated: January 1, 2019