Website Use Agreement

WEBSITE USE AGREEMENT
This version in effect since November 15, 2010

Please read this Agreement carefully.  This Agreement governs use of the Simons Foundation website and exempts The Simons Foundation (the “Foundation”) and other persons from liability or limits their liability, and contains other important provisions.   By accessing or using the website, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you represent, do not access or use the Website.

1. Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and the Foundation regarding your access to and use of the Foundation’s website and all content, information, products and services available on or through the website, accessible at www.thesimonsfoundation.ca (the “Website”).

Each time you use the Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you represent, without limitation or qualification, 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 on behalf of yourself and any person you represent.  If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you represent, you may not access or use the Websit

2. Permission to Use the Website
The Website may be accessed and used only by individuals who can form legally binding contracts on their own behalf and on behalf of persons they represent, and who have accepted this Agreement.  The Website may not be used by persons if their permission to use the Website has been previously revoked or terminated by the Foundation.

3. Scope of Agreement
This Agreement governs your use of the Website and is the entire agreement between you and the Foundation relating to your use of the Website.  This Agreement supersedes all previous agreements, written, oral or otherwise, between you and the Foundation with respect to your use of the Website. 

This Agreement is in addition to and supplements any other written agreements you may have with the Foundation concerning your dealings with the Foundation generally.  If there is any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreements that you or any persons you represent have with the Foundation, the provisions of 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
The Foundation may in its discretion change, supplement or amend this Agreement from time to time as it relates to future use of the Website, 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, and the acceptance and agreement of all persons you represent, without limitation or qualification, 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 on behalf of yourself and all persons you represent.  If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not continue to use the Website.  You may not change, supplement, or amend this Agreement in any manner.

5. Ownership and Permitted Use of the Website
The Website is 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. 

The Website (including all content and other information in text such as but not limited to the resource materials, presentation materials, newsletters), graphical, video and audio forms, images, designs, data, and other elements available on or through the Website is the property of the Foundation and others, and is protected by Canadian and international copyright, trademark and other laws.  Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

Other names and logos appearing on or in connection with the Website may be registered or unregistered trademarks, official marks, service marks, trade names and logos of their respective owners.  Any use of the trademarks, official marks, service marks, trade names or logos displayed on or in connection with the Website is strictly prohibited, and 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 of those marks.  Without limiting the generality of the foregoing, you may not use any metatags or any other “hidden tags” utilizing any name, trademark, or product or service name of the Foundation without the express prior written consent of the Foundation.

You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.  The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the Foundation.  You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website.  You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.  You may not copy, imitate or use, in part or in whole, the look and feel of the Website including but not limited to all page headers, custom graphics, button icons and scripts.

You are granted a limited, revocable, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes only, provided such link does not portray the Foundation in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  The Foundation may in its discretion cancel or revoke this right at any time and without any notice or liability to any person.

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. 

6. Third Party Content
The Foundation may provide content of third parties as a service to those interested in such content, and the Foundation may provide links to third party content, or post third party content to the Website (collectively, the “Third Party Content”).  The Foundation does not monitor or have any control over any Third Party Content.  The Foundation does not endorse or adopt any Third Party Content, and does not represent, warrant, or guarantee the accuracy of any Third Party Content and undertakes no responsibility or liability to update or review any Third Party Content.  The Foundation is not liable for any Third Party Content.  Your use or reliance on the Third Party Content is at your own risk. 

7. Disclaimers, Liability Exclusions/Limitations and Indemnity

Disclaimers
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, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, quality, results, security, sequence, service, timeliness, title, uninterrupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by the Foundation 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, the Foundation makes no representation, warranty, condition or guarantee that: (a) the Website will be compatible with your computer and related equipment and software; (b) the Website will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the Website will meet your requirements; (d) the information available on, through or connected with the website (including but not limited to the Third Party Content) will be timely, uninterrupted, sequential, accurate, authentic or complete; (e) certain or any results may be obtained through the access to or use of the Website; or (f) the 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 the Foundation disclaims any and all liability regarding such matters to the fullest extent permitted by law.

You are solely responsible and liable for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone/internet services, and other equipment and services necessary for you to access and use the Website; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all information and data in your computer system prior to accessing or using the Website.

The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy.  the operation of the Website may be affected by numerous factors beyond the control of the Foundation, and may not be continuous or uninterrupted, secure or private.

The Foundation is not under any obligation to verify the identity or authority of any person accessing or using the Website.

Liability Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the Foundation ever be liable to you or any other person for any 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, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the Foundation or any person for whom the Foundation is responsible, and even if the Foundation has been advised of the possibility of such loss or damage being incurred.

Without limiting the generality of the foregoing, the Foundation will not be liable to you or any other person for any loss or damage suffered by you or any other person as a result of any failure or refusal by the Foundation to give effect to, or for any failure or delay by the Foundation in receiving, accessing, processing or accepting, any communication sent to the Foundation by means of the Website, email or otherwise, or for any loss or damage suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website or any part of it.

Liability Limitation
Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the total aggregate liability of the Foundation 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), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the Foundation or any person for whom the Foundation is responsible, and even if the Foundation has been advised of the possibility of such potential loss or damage being incurred, ever exceed $10 (CDN).  You hereby release, remise and forever discharge the Foundation from any and all liability in excess of $10 (CDN).

Indemnity
You will indemnify, defend and hold the Foundation harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Foundation 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 the Foundation in the defence of any such claim or demand.

Definitions
In this Section 7, (a) references to “the Foundation” includes the Foundation and each of its directors, officers, employees, agents, information providers, service providers, licensors and licensees, and all other related, associated, or connected persons, jointly and severally; (b) references to “Website” include all content, information, products and services available on, through or in connection with the Website; and (c) references to “You” means you and any persons you represent.

8. Personal Information Privacy
The Foundation collects, uses and discloses personal information in accordance with the Privacy Policy, which is available below and which may be changed from time to time by the Foundation in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website.  By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by the Foundation in accordance with the Privacy Policy as it then reads.

9. Other Sites/Resources
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons and that are not associated or affiliated with the Foundation (collectively “Other Sites”).  Other Sites are independent from the Foundation, and the Foundation has no responsibility or liability for or control over Other Sites, their business, goods, services, or content.  The Foundation does not sponsor or endorse Other Sites or their business, goods, services, or content, unless specifically indicated in writing.  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 the Foundation 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 7 apply, with all necessary modifications, to your access to and use of Other Sites and their business, goods, services and content.  When you leave the Website, you should be aware that this Agreement and the Privacy Policy no longer govern.  You should review the applicable terms and polices of the Other Sites. 

10. Intellectual Property Complaints
If you believe that any material on the Website infringes any copyright or other intellectual property rights which you own or control and which permission was not granted to the Foundation, you may file a notification of such infringement to info@thesimonsfoundation.ca.

11. Changes/Termination
Notwithstanding any other provision of this Agreement, the Foundation may in its discretion 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.  The Foundation may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and the Foundation 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.  Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, sections 5, 6, 7, 9, 11 and 12 of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect.

12. Other Matters
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 the Foundation or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively, the “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.

If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the 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 the Foundation 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.  The Foundation may assign this Agreement and its rights and obligations under this Agreement without your consent.  This Agreement contains provisions for the benefit of the Foundation and its directors, officers, employees, agents, information providers, service providers, licensors and licensees, and other related, associated, affiliated or connected persons, each of whom has the right to assert and enforce such provisions directly or on its own behalf.

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: (a) 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; or (b) 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 the Foundation.

 
PRIVACY POLICY
This version in effect since November 15, 2010
 
Protecting your privacy is important to The Simons Foundation. This Policy explains how The Simons Foundation (the “Foundation”) collects, uses and discloses the personal and non-personal information you may provide while using the Foundation’s website at www.thesimonsfoundation.ca (the “Website”).
1.         Your Consent
By using the Website, you signify your consent to the collection, use, and disclosure of your personal information in accordance with this Policy. If you do not consent to the collection, use, and disclosure of your personal information in accordance with this Policy, you may not use the Website.
2.         Information Automatically Collected
The Website automatically collects certain non-personal information regarding Website users (such as the date and time you access the Website, the Internet Protocol address of your computer, the website from which you linked directly to the Website, the browser you are using, and the Website pages read and the content accessed or downloaded). This non-personal information is used for system administration purposes and to improve the Website. Non-personal information may be disclosed to other persons and permanently archived for future use. If non-personal information is combined with personal information, then the non-personal information will be treated as personal information.
The Website may use “cookies”, a technology that installs information on a Website user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website, offer personalized content and information for your use, and otherwise facilitate your experience using the Website. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Website. 
3.         Personal Information You Specifically Provide
Use of Your Personal Information: During your use of the Website, you may be asked to voluntarily provide personal information (such as your name, address, and email address) for purposes such as corresponding with you, providing goods and services to you, or other specified purposes. The Foundation may use your personal information to correspond with you, facilitate and enhance your use of the Website, provide goods and services to you, and as otherwise specified at the time of collection. The Foundation may develop a confidential profile for you, which will be used to provide good and services to you and facilitate your use of the Website. Additionally, the Foundation may keep a record of all communications with you. To the extent permitted by law, the provisions of this Policy concerning “personal information” do not apply to information (such as your business address, business telephone number, and business email address) that enables you to be contacted at a place of business.
Emails from the Foundation: If you contact the Foundation by email or otherwise indicate that you would like to receive emails from the Foundation, the Foundation may send to you emails or other communications containing information the Foundation believes may interest you. At any time, you may ask the Foundation to stop sending you emails and other information by sending your request to info@thesimonsfoundation.ca.
Depersonalized Information: The Foundation may use your personal information to create non-personal information regarding the use of the Website. The Foundation may then disclose that non-personal information to other persons and permanently retain that non-personal information for future use.
Disclosure of Your Personal Information by the Foundation: The Foundation may disclose your personal information in the following circumstances and as otherwise permitted by applicable law:
(a)        Agents, Suppliers and Service Providers: The Foundation may provide your personal information to its agents, suppliers and service providers for use in connection with matters relating to your use of the Website or the provision of products and services to you. The Foundation will not sell or rent your personal information to any third party.
(b)        Law Enforcement and Legal Disclosure: The Foundation may disclose your personal information to a government institution or agency that has asserted its lawful authority to obtain the information, or where the Foundation has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to its legal counsel. The Foundation has no control over, and no responsibility or liability for, those persons’ use and disclosure of your personal information, and that use and disclosure is not subject to this Policy.
Location of Information: The Foundation will store and process your personal information in secured locations in Vancouver, Canada. However, the disclosure of your information in accordance with this Policy and applicable law may result in your personal information being transferred outside of Canada, including to the United States. The laws of other countries regarding the collection, use, and disclosure of personal information may be different from the laws of Canada.
Safeguarding Your Information: The Foundation employs reasonable security safeguards appropriate to the sensitivity of the personal information in its possession or under its control in order to protect that information from unauthorized access, collection, use, disclosure, modification or similar risks. Nevertheless, security risks cannot be eliminated and the Foundation cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Policy.
Accessing Your Personal Information: You may request access to your personal information and information about the Foundation’s collection, use and disclosure of that information by sending your request to info@thesimonsfoundation.ca.Subject to certain exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help the Foundation maintain the accuracy of your information by notifying the Foundation of any changes.
4.         Other Matters
Other Websites: The Website may contain links to other websites or Internet resources. When you click on one of those links you are contacting another website. The Foundation has no control over, and no responsibility or liability for, other websites or their collection, use and disclosure of your personal information.
Former users: If you cease using the Website, or your permission to use the Website is terminated, the Foundation may continue to use and disclose your personal information in accordance with this Policy as amended from time to time.
Policy Changes: To accommodate changes in the Website, changing technology, and legal developments, this Policy may be changed from time to time in the Foundation’s sole discretion and without any prior notice or liability to you or any other person. The collection, use, and disclosure of your personal information will be governed by the version of this Policy in effect at that time. New versions of the Policy will be posted on the Website and will be available upon request from the Foundation. Your continued use of the Website subsequent to any changes to this Policy will signify your consent to the collection, use, and disclosure of your personal information in accordance with the changed Policy. Accordingly, when you use the Website you should check the date of this Policy and review any changes since the last version. You should also bookmark this page and periodically review this Policy to ensure that you are familiar with the most current version.
Contacting the Foundation’s Privacy Officer: The Foundation’s Privacy Officer may be contacted by the following methods: (a) by telephone – 778-782-7779; (b) by email – info@thesimonsfoundation.ca; or (c) by postal mail to “Privacy Officer” The Simons Foundation, PO Box 2163 Station Terminal, British Columbia, Canada, V6B 3V3.
English Language: The parties have expressly requested and required that this Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Politique et tous les documents qui s’y rapportent soient rédigés en anglais.

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