Sunrise Family Services Society Website Use Agreement
This version in effect since September 1, 2007
This Agreement governs use of the Sunrise Family Services Society website. It exempts Sunrise and other persons from liability or limits their liability, and contains other important provisions that you should read. By using the website, you acknowledge and signify that you have read, understood and agreed to be bound by this Agreement.
1.Your Acceptance of this Agreement
This is an Agreement between you and Sunrise Family Services Society ("Sunrise"), regarding your access to and use of the Sunrise website and all content, information, and services available on or through the website (collectively, the "Website"). Each time you use the Website you signify your acceptance and agreement to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement.
2.Permission to Use the Website
Sunrise is a licensed adoption agency in the Province of British Columbia, Canada. The Website may be accessed and used only by persons in jurisdictions where Sunrise's services may lawfully be provided (collectively, "Authorized Jurisdictions"). The Website, and the information and documents available on or through the Website, are not intended for persons resident or located in any jurisdiction other than the Authorized Jurisdictions. You are solely responsible for determining whether your use of the Website is lawful, and you must comply with all laws applicable in the jurisdiction from which you are accessing and using the Website. "Clients only" portions of the Website may be accessed and used only by registered clients of Sunrise who have a valid and subsisting username and password (collectively, "Codes") issued by Sunrise.
3.Scope of Agreement
This Agreement is in addition to and supplements any other written agreements you may have with Sunrise concerning your dealings with Sunrise generally. If there is any inconsistency or conflict between this Agreement and any other agreements that you have with Sunrise, this Agreement will govern regarding access to and use of the Website, and the other agreements will govern regarding all other matters.
4. Changes to this Agreement
Sunrise may in its discretion change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, without any prior notice or liability to you or any other person, by posting the revised Agreement on the Website. By using the Website after this Agreement has been revised, you signify your acceptance and agreement to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement.
5.Codes (Usernames and Passwords)
All Codes remain the property of Sunrise, and may be cancelled or suspended at any time by Sunrise in its discretion without any notice or liability to you or any other person. Sunrise is not under any obligation to verify the identity or authority of any person using Codes to access and use the Website. Sunrise may in its discretion require proof at any time of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Sunrise is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for all use and misuse of the Codes; (b) you will not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will keep the Codes secure and confidential at all times, including not using any "save passwords" feature on your Internet browser software and not leaving your computer until you have logged-off the Website; and (d) you will immediately notify Sunrise by telephone at 1-888-984-2488 if you know or suspect that any of the Codes have become known to or used by any person other than the person to whom the Codes were issued by Sunrise or might otherwise be available for unauthorized use.
6. No Advice
The Website is for informational and demonstrative purposes only. The Website is not a comprehensive or detailed statement concerning the matters addressed, nor does it contain detailed advice or recommendations. You should obtain appropriate, qualified professional advice before acting or omitting to act based upon any information obtained on or though the Website. Our team of experienced and caring adoption professionals is available to discuss your particular situation.
7. Discussion Forum
The Website may contain a discussion forum (the "Forum"). The Forum is intended to be a convenient means of exchanging ideas and opinions. If you submit a comment to the Forum, you will ensure that the comment complies with the following requirements:
No Other Author: You must be the sole author of the comment, which must not include materials created by other persons.
Accurate Information: The comment must accurately reflect your opinion. The comment must identify you as the person submitting the comment, and must not falsely state or otherwise misrepresent an affiliation with any other person.
No Commercial Promotion: The comment must not reference or promote any business, wares, or services, including without limitation soliciting business or selling or offering to sell any goods or services.
Respect for Other Person's Rights: The comment must not infringe the legal rights (including personal information protection, privacy and intellectual property rights) of any other person, and must not contain personal information (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) about any other person.
No Offensive Content: The comment must not be abusive, deceptive, defamatory, derogatory, fraudulent, harassing, harmful, hateful, indecent, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, threatening, vulgar, or otherwise objectionable, and must not advocate, depict, encourage, or tend to incite any such conduct, the commission of a crime or other unlawful activities.
Comments submitted to the Forum are not secure or confidential. Not all comments submitted to the Forum will be posted to the Forum. Sunrise is not obliged to monitor, screen, police or edit comments submitted to the Forum, although it reserves the right to do so in its discretion. Sunrise may in its discretion remove comments from the Forum without any notice or liability to you or any other person.
8.Errors and Corrections
Sunrise endeavours to provide accurate information on and through the Website, but errors may occur and information may become out of date. Sunrise does not guarantee the accuracy, completeness, or timeliness of the information available on or through the Website. You may obtain up-to-date information regarding adoption services and other matters referenced on the Website by contacting our team of experienced professionals.
9.Disclaimers, Liability Exclusions/Limitations/Release and Indemnity
The following provisions apply to all matters arising from, connected with or relating to the Website.
Your access to and use of the Website is at your own risk. The Website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, completeness, errors, fitness for a particular purpose, merchantability, non-infringement, performance, quality, results, security, sequence, or timeliness, all of which are hereby disclaimed by Sunrise to the fullest extent permitted by law. there will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.
Without limiting the generality of the foregoing, Sunrise makes no representation, warranty, condition or guarantee that: (a) the Website will be available or will function without interruption or will be free of errors or that any errors will be corrected; (b) the Website will meet your requirements; (c) the information available on, through or connected with the website will be timely, uninterrupted, sequential, accurate, authentic or complete; (d) certain or any results may be obtained through the access to or use of the Website; and (e) access to and use of the Website will be free of viruses, trojan horses, worms or other destructive or disruptive components and will not infringe the rights (including intellectual property rights) of any person; and Sunrise disclaims all liability regarding such matters to the fullest extent permitted by law.
(b)Liability Exclusions and Limitations/Indemnity and Release
Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law:
(i)Exclusions: Under no circumstances will Sunrise ever be liable to you or any other person for any loss or damage (including without limitation direct, indirect, incidental, consequential, special, punitive, or exemplary loss or damage) arising from, connected with, or relating to the Website, this Agreement, the subject matter of this Agreement, the termination of this Agreement or otherwise.
(ii)Limitations: If, notwithstanding this Agreement, Sunrise is liable to you or any other person, then in no event and under no circumstances will Sunrise's total aggregate liability to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), ever exceed $100 (CDN). You hereby release, remise and forever discharge Sunrise from all liability in excess of $100 (CDN).
(iii) Release: You hereby release, remise and discharge Sunrise from all obligations, liabilities, claims and demands in excess of the exclusions and limitations set forth above.
You will indemnify, defend and hold Sunrise harmless from and against all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by Sunrise in connection with any claim or demand arising out of, related to, or connected with your access to or use of the Website, your breach of this Agreement, or any wrongful conduct by you or any person for whom you are responsible under this Agreement or at law. You will assist and co-operate as fully as reasonably required by Sunrise in the defence of any such claim or demand.
The exclusion of certain warranties and conditions and the exclusion or limitation of certain liabilities are prohibited by law in some jurisdictions. Such limitations may apply to you.
10.Ownership and Permitted Use of the Website
The Website and all content (including information in text, graphical, video and audio forms, documents, images, icons, software, designs, applications and other elements) available on or through the Website are the property of Sunrise and other persons, and are protected by Canadian and international copyright, trademark and other laws.Â Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website and its content are made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print the pages of the Website for your private, personal and non-commercial use, provided that you do not modify any of the content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, scraped, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Sunrise. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or permit access to the client-only areas of the Website by others.
SunriseTM and Sunrise Adoption CentreTM are trademarks, service marks and trade names owned or licensed by Sunrise. Other product and company names and logos appearing on or in connection with the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on or in connection with the Website (collectively, "Marks") is strictly prohibited. Nothing appearing on or in connection with the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
The Website may include links or references to other Internet sites or resources operated by other persons (collectively, "Other Sites"). Other Sites are independent from Sunrise, and Sunrise has no responsibility or liability for or control over Other Sites or their content. Sunrise does not sponsor or endorse Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Sunrise arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. The provisions of this Agreement under Section 9 (Disclaimers, Liability Exclusions/Limitations/Release and Indemnity) apply, with all necessary modifications, to your access to and use of Other Sites.
13.No Framing, Mirroring, Scraping or Data-Mining
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
14. Unsolicited Submissions
Sunrise does not accept or consider unsolicited ideas, including ideas for new services or processes. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Sunrise.
If you send Submissions to Sunrise, you automatically grant (or warrant that the owner of the Submissions grants) to Sunrise and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Sunrise or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Sunrise and its assigns.
15.Changes / Termination
Sunrise may in its discretion and for its convenience at any time change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Sunrise may in its discretion and for its convenience at any time immediately suspend or terminate (in whole or in part) your permission to access and use the Website and your Codes without any notice or liability to you or any other person.
If this Agreement or your permission to access or use the Website is terminated by you or Sunrise for any reason, then this Agreement will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
16. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and Sunrise or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
17. Other Matters
If any provision of this Agreement is determined to be unenforceable or invalid for any reason, then that provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.
This Agreement enures to the benefit of and is binding upon each of Sunrise and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Sunrise may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved to Sunrise.