United Way of Calgary and Area 2021 Website Terms of Service (“Terms of Use”)

Please review these Terms of Use carefully. By accessing, using a service or product or donating on this website (the “Site”) you accept and agree to comply with the following Terms of Use. If you do not agree with these Terms of Use, you should immediately discontinue any use of this Site. These Terms of Use are subject to change. You should visit this web page periodically to review the Terms of Use that are binding on you.

By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with United Way.

1. License

United Way of Calgary and Area (“United Way” or “us” or “we”) grants you a limited non-exclusive, non-transferable license to access and make personal use of the Site for non-commercial use, provided the Site is not modified or downloaded (other than page caching) unless expressly authorized by United Way. You will be fully responsible for any consequences resulting from any such use. This license does not include any right for resale or commercial use of the Site or its content. No derivative use of the Site or its contents or any use of data mining, robots, or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Site will terminate the license and all the limited rights or permission granted by United Way.

2. Privacy and Security

United Way takes privacy very seriously and our Privacy Policy is applicable to this Site, please see our (Privacy Policy) for more information.

The only information we may use to identify you is the information you give voluntarily and web cookies you allow. By accessing the Site you consent to the collection, use and disclosure of your personal information in compliance with our Privacy Policy, for the purposes of administering the Site and the provision of services thereon.

The security of your personal information is very important to us. We use physical, electronic and administrative measures designed to secure your personal information from accidental loss and from unauthorized disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. United Way is not responsible for circumvention of any privacy settings or security measures contained on the Site.

Security

You are prohibited from attempting to circumvent and from violating the security of the Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing the TCP/IP packet header; (e) disrupting network services and otherwise disrupting United Way’s ability to monitor the Site; (f) using any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worm, logic bombs or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.

3. Communication

If you provide us with your contact information you agree that United Way may send you communication by email or otherwise about the Site, United Way, Contents, and Material. You may withdraw your consent to receiving such communications at any time by contacting us using the “Contact Us” link provided at the bottom of these Terms of Use; however, such withdrawal of consent may impact your ability to use certain features of the Site.

4. Copyright and intellectual property rights

United Way owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in all information, software, code, text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of the Site (collectively the “Contents”).

The Contents on this Site and its compilation is protected by Canadian and international copyright, and trademark laws. Unauthorized use of the Contents may violate copyright, trademark, and other laws. You may make individual copies of the Contents on this Site for non-commercial, personal or educational use only. Repackaging, redistributing or modifying the Contents provided by this Site, in whole or in part, in printed or electronic format, is strictly prohibited.

The United Way name, the United Way trademarks and logos, and all related names, logos, product and service names, designs, images and slogans are trademarks of United Way or its affiliates or licensors. You must not use such marks without the prior written permission of United Way. Other names, logos, product and service names, designs, images and slogans which appear on the Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

5. Participation in online discussion groups, comments & other communications

You may post or submit comments, suggestions, ideas, questions, or other information to United Way, provided the content is not illegal, obscene, defamatory, threatening, an invasion of privacy, objectionable or infringing of intellectual property rights of third parties, and does not consist of or contain software viruses, commercial solicitation or any form of “spam”. You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content.

If you post or submit comments, suggestions, ideas, questions, or other information (“Material”), you grant United Way an irrevocable, non-exclusive, royalty-free, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Material world-wide. You irrevocably waive all moral rights to such Material. Confidential information, trade secrets, or other proprietary information should not be submitted as Material on the Site. You represent and warrant that you own or otherwise control all rights to any Material posted or submitted and that your Material does not violate these Terms of Use or other United Way policy and will not cause injury to any person or entity; and that you will indemnify United Way for all losses or claims resulting from Material you supply.

United Way takes no responsibility and assumes no liability for any Material posted by you or any third party. United Way reserves the right to monitor and edit or remove any activity or material or inactivate any account that appears to violate these terms of use or guidelines for participating in an online discussion.

6. Limitation of liability, disclaimer of warranties and conditions

The Content on the Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from taking, any action on the basis of the Contents of the Site.

You understand and agree that your use of the Site, its Contents and any services of items found or attained through the Site is at your own risk. The Contents, products and services are provided in good faith on an “as is” and “as available” basis. Although we make reasonable efforts to update the information on the Site, we make no representation, warranties or guarantees, whether express or implied, with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Site or its Contents. United Way disclaims all warranties or conditions, express or implied, in respect of the Contents, products and services on the Site, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement.

This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties. Your use of the Site is at your own risk and United Way has no responsibility or liability whatsoever for your use of the Site.

United Way uses reasonable efforts to ensure that the Site is secure and generally available. However, there will be occasions when access to the Site will be interrupted or unavailable, and transmission of any information over the internet may not always be secure.

United Way will use reasonable efforts to secure information and minimize any disruption where it is within its reasonable control. However, United Way makes no representations or warranties that the Site, its Content or any services or items found or attained through the Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, or that the Site or the server that makes it available are free or viruses or other harmful components.

Except where such exclusions are prohibited by law, under no circumstances will United Way nor its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Site, any linked websites or such other third-party websites, nor any Contents, Materials, posting or other information thereon even if the party was allegedly advised or had reason to know.

7. Indemnity

You agree to indemnify, defend and hold harmless United Way and its officials, officers, employees and authorized representatives from and against any liability, loss injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer’s fees, relating in any way to your breach of these Terms of Use or your use of the Site.

8. Links

Links to third-party websites are provided solely as a convenience to you. These other websites were independently developed by parties other than United Way and United Way assumes no responsibility for the accuracy or appropriateness of the information contained in such websites. The inclusion of any link to another website does not imply an endorsement by United Way and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third party websites, you do so entirely at your own risk. When you visit another site, please review their terms of use.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray United Way, its officials, its employees, or its Content, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

9. Site policies, modification and severability

We reserve the right to make changes to our Site, policies or Terms of Use and provide any additional terms at any time. The changes or additional terms are effective immediately upon their posting on the Site. Your use of the Site will be subject to the Terms of Use posted on the Site at the time of use. In the event any of these conditions should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining condition.

10. Termination

If you violate these Terms of Use or other policies and guidelines posted on this Site, your permission to use the Site automatically and immediately terminates and you must immediately destroy any copies you have made of the Content. United Way reserves all of its rights at law and in equity.

11. Geographic Restrictions

The owner of the Site is located in Alberta, Canada. United Way provides this Site for use only by persons located in Canada. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

12. Governing law and jurisdiction

The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Alberta and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Calgary, Alberta. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

13. Description of donation and other tools terms

If you choose to make a donation to United Way you authorize United Way and its agents to deduct any donation and fees you approve by using the donation tool. In addition to these Terms of Use, some donation tools and other tools are subject to a separate additional license terms of use which are as published by the tool.

14. Request for permission or further information

Any use beyond the scope permitted by these Terms of Use requires express written permission from United Way.

15. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

16. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and United Way regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact us – United Way Privacy Officer: privacy@calgaryunitedway.org

Last updated: June 1, 2021

Sasha HullTerms of Service