These Terms apply to the use of both Tools except the additional terms which apply specifically to the CharityFocus Tool or the T3010QuickPrep Tool as set out below.
Accepting the Terms
To use the Services, you must first agree to the Terms. You may not use the Services if you do not agree to the Terms. You may accept the Terms by:
(a) Clicking “Accept” or “Agree” where the option is available; or
(b) By using the Services. Your use of any portion of the Services constitutes your agreement to and acceptance of the Terms from that point onwards.
Before you continue, you should print off or save a copy of the Terms for your records. By using the Services, you agree that you are bound by the Terms and any amendments in effect at the time of your visit. Imagine Canada may amend the Terms at any time by posting the amended Terms on the Tools. You are responsible for regularly reviewing these Terms. Continued use of the Tools following any such changes will constitute your acceptance of such changes.
Certain Services on the Tools require registration prior to use. When you register, you agree:
(a) to supply all requested information; and
(b) to ensure all the information provided is accurate.
As part of the registration process, you will be given a User Name and Password for your personal use. You are solely responsible for maintaining the confidentiality of your login criteria and for all activities that occur under your User Name and Password, including content uploaded, statements made and acts or omissions that occur. We reserve the right to disable an account if we suspect that an unauthorized person is using the account, or if you provide fraudulent or misleading information or otherwise do not comply with these Terms (for example, giving a false email address when registering). If you learn of unauthorized use of your login criteria at any point, please notify Imagine Canada immediately. It is your responsibility to report unauthorized use of the Tools.
The content of the Tools is meant to be used as a resource. Imagine Canada does not approve, recommend or endorse charities, donation practices or evaluation tools or any of the advice, opinions, information, products or services of any third parties provided by the Tools.
All information presented in the Tools, including financial information, links, text, graphics, images, webinars and other material, either provided by Imagine Canada or by others, are presented as a general service. Imagine Canada does not verify the accuracy of the information about any given charity on the Tools. Imagine Canada is not responsible for the content posted on the Tools by third parties. Views or opinions expressed reflect those of the author, not Imagine Canada.
Notice of Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF AND RELIANCE THEREON ARE AT YOUR OWN RISK. IMAGINE CANADA DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION OF THE FOREGOING AND NOTWITHSTANDING ANYTHING HEREIN CONTAINED, (A) IMAGINE CANADA DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR‑FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, UP‑TO‑DATE OR RELIABLE, OR (IV) ANY ERRORS IN IMAGINE CANADA’S SOFTWARE OR THE SERVICES WILL BE CORRECTED; (B) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM IMAGINE CANADA OR THROUGH THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND (C) NO LEGAL ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT ALTHOUGH IMAGINE CANADA USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE PROTECTION OF USER’S BUSINESS DATA, IMAGINE CANADA DOES NOT PROVIDE OR GUARANTEE ABSOLUTE SECURITY.
Limitation of Liability
IN NO EVENT WILL IMAGINE CANADA BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY TYPE OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF PROPRIETARY MATERIAL, RIGHTS OR SERVICES, LOSS OR CORRUPTION OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, THE TOOLS AND/OR THE CONTENTS ON THE TOOLS OR ANY OTHER SITES LINKED TO THE TOOLS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE. IF USERS ARE DISSATISFIED WITH ANY SERVICES, WITH THE OPERATION OF THE TOOLS OR WITH ANY OF THESE TERMS, THE EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE TOOLS. IF, NOTWITHSTANDING THE FOREGOING, IMAGINE CANADA OR ANY OF ITS THIRD PARTY PROVIDERS ARE FOUND LIABLE IN CONNECTION WITH A CLAIM ARISING OUT OF OR RELATED TO USING OR ACCESSING THE SERVICES OR THE TOOLS, THEIR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWSOEVER ARISING, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES. WITHOUT LIMITING THE FOREGOING, IMAGINE CANADA SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH IMAGINE CANADA DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OR ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE OR OTHER INTERCONNECTION PROBLEMS; BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICES PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO USER’S COMPUTERS; PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES OR USER’S TELEPHONE OR TELEPHONE SERVICES; OR UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES OR LABOUR DISPUTES. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF THE SERVICES OR YOUR RIGHT TO USE THE SERVICES.
Restrictions on Use
Unless otherwise noted, all content on the Tools, including but not limited to text, data, images, designs, illustrations, articles, documents, reports and other materials (collectively “Content”), is protected by copyright, and owned or controlled by Imagine Canada or a third party provider. You must access the Content manually by request and not programmably by machine automated means. You may not use the Content for any unlawful purpose.
You may temporarily download Content for personal transitory viewing, provided that (a) use of the Content is for informational and non-commercial personal use only and no Content may be copied or posted on any network computer, used for public display or broadcast in any media, and (b) no modification of any Content is made. No licence is given for republication, distribution, performance, display, translation, retransmission, broadcast, sublicense, preparation of derivative works or any use other than noncommercial personal use. Except as expressly authorized under these Terms, you may not republish, distribute or prepare derivative works from the Tools or its Content, and no part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than the personal use provided for above.
You may not copy or adapt the HTML that Imagine Canada creates to generate its pages. It is also protected by Imagine Canada’s copyright.
You agree not to disturb the normal operation of the Tools, not to infringe the integrity of the Tools by hacking, altering the information contained in the Tools or otherwise, and not to prevent or limit access to the Tools to other users.
Non-exhaustive list of prohibited activities for the Tools includes but is not limited to:
· posting incomplete or false information;
· transmitting any Content that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive or hateful;
· transmitting material containing a virus or any computer code that may interrupt the functioning of the any computer software, hardware or telecommunications equipment; and
· using the site to violate any municipal, regional, provincial, state, federal or international laws in Imagine Canada’s or your jurisdiction.
Links to other Websites
Imagine Canada is not responsible for the content of any third-party website. Any links to such websites are provided for your convenience only and you access any third-party websites at your own risk. Imagine Canada does not endorse, authorize, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such websites. These Terms applicable to the Tools are wholly unrelated to the terms and conditions that may attach to third party websites, and the users of any such third party website should familiarize themselves with any applicable terms and conditions for use of each accessed link. Imagine Canada is not responsible for the privacy practices of third-party websites. We encourage you to review the privacy policies of any linked websites before you navigate any website or disclose your personal information online.
Links from Other Websites
There may be circumstances where access to the Tools is provided by a hypertext link located at another website. Although Imagine Canada encourages and appreciates links from third-party website pages, Imagine Canada has no responsibility for the content of such websites and Imagine Canada does not endorse, authorize, approve, certify, maintain, or control these other websites or guarantee the accuracy, completeness, efficacy or timeliness of the information located at such websites.
While Imagine Canada permits links from third-party websites the following are not permitted: (a) filtering of the Content on the Tools; (b) embedding web pages from the Tools in HTML frames running from other sites; or (c) using any graphics appearing on the Tools on any third-party site.
The Content on the Tools is protected by copyright and other laws. Copyright © 2011 Imagine Canada and/or its suppliers. IMAGINE CANADA, CHARITYFOCUS and T3010QUICKPREP are trade-marks owned by Imagine Canada. Other trade-marks, trade names, logos and designs referenced or appearing in the Tools are proprietary to Imagine Canada or other entities. Any use of the trade names, trade-marks, service marks and logos displayed on the Tools is strictly prohibited. Except as may be expressly herein provided, nothing contained herein shall be construed as conferring any licence or right under copyright, trade-mark or any other intellectual property rights. Imagine Canada reserves all rights not expressly granted hereunder.
The Services are proprietary to Imagine Canada and its suppliers and nothing in this Agreement transfers any right, title or ownership in the Services or the Tools or to any intellectual property rights therein. You obtain no rights hereunder except to use the Services as authorized pursuant to these Terms.
You acknowledge the ownership of Imagine Canada to the Services and Tools and will not reproduce, decompile, disassemble or reverse engineer any part of the software used to provide the Services. You will not reproduce any other part of the Services, Tools or their contents except as expressly authorized by instructions on the Tools.
You agree to defend, indemnify and hold Imagine Canada harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including but not limited to legal fees) arising from or in connection with your violation of:
(a) the Terms;
(b) applicable laws, including, but not limited to, laws relating to the protection of Personal Information; or
(c) any third party’s rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights,
or otherwise arising from any third party claims related to your use of the Services.
Modification / Termination of Services
Imagine Canada reserves the right in its absolute discretion to terminate the Services, your access to the Services, or change the services, features and data in any portion of the Services at any time without notification.
Personal Information Protection
Imagine Canada collects, uses and discloses your personal information in accordance with our website privacy statement for the Tools http://www.charityfocus.ca/EN/Pages/privacy-policy.aspx. By using the Tools and your acceptance thereby of these Terms, you consent to Imagine Canada’s collection, use and disclosure of your personal information in accordance with such statement as it then reads without any further notice or liability to you or any other person.
You agree to comply with all applicable laws regarding the protection of personal information and privacy and, without limitation, to obtain all necessary consents with respect to the collection, use and disclosure of personal information required in connection with your use of the Services.
Storage/Retention of Data
Without limiting any other provision of these Terms, and notwithstanding any description of the Services provided by Imagine Canada in the Tools or otherwise, Imagine Canada shall have no obligation to store or retain your data uploaded, posted or entered in the Tools.
This agreement is governed by the laws of the Province of Ontario, Canada. You consent to the exclusive jurisdiction and venue of courts in Ontario, Canada in all disputes arising out of or relating to the use of the Tools. Use of the Tools is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable laws, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless specified herein, these Terms constitute the entire Agreement between the User and Imagine Canada with respect to your use of these Tools and the services offered at these Tools, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Imagine Canada with respect to these Tools.
Compliance with Laws
Imagine Canada’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Imagine Canada’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of these Tools or information provided to or gathered by Imagine Canada with respect to such use.
It is the express wish of the parties that this agreement and all related documents be drawn up in English.
ADDITIONAL TERMS FOR CHARITYFOCUS
You certify that you have all the rights and responsibilities necessary to post or disclose anything that you submit to CharityFocus. You further warrant that all the information that you submit is true and accurate at the time of submission.
Any submissions to CharityFocus, including, but not limited to, annual reports, financial statements, added narrative information, social media links and questions are deemed non-confidential information. By posting, uploading, inputting, providing or submitting materials to CharityFocus, you are providing Imagine Canada permission to share or otherwise use your submissions for any purpose whatsoever. You grant Imagine Canada the perpetual, irrevocable and fully sublicensable right and licence to use, reproduce, display, perform, modify, translate, create derivative works from, transmit and distribute for any purpose Imagine Canada chooses, commercial, public or otherwise, your submission, without compensation whatsoever. Without limitation, you grant us a perpetual royalty-free licence to use and display your submission in the Tools. By submitting materials, information and ideas you also represent and warrant that you have full right, title and authority to make the submission and to grant this licence, and that the use of your submission in accordance with this licence will not infringe any intellectual property or other right of any other person or entity, or cause injury to any person or entity.
No compensation will be paid with respect to any material that you submit as a User to Imagine Canada. Imagine Canada reserves the right, in its sole discretion, to edit or withdraw any materials submitted by a User to CharityFocus, for any reason whatsoever.
You are expressly prohibited from transmitting (including, but not limited to, through posts, questions, uploads or e-mail) any unlawful, threatening, defamatory, obscene or otherwise objectionable material of any kind. This includes, but is not limited to, material that would give rise to civil liability or otherwise violate any applicable municipal, provincial, state or federal laws. You agree and acknowledge that Imagine Canada is not responsible or liable to you or any user of the Tools for any conduct by you or any other user.
ADDITIONAL TERMS FOR T3010QUICKPREP TOOL
You must be a Canadian registered charity to register for and use the T3010QuickPrep Tool.
You may use the Services offered by the T3010QuickPrep Tool through designated employees who are assigned an individual user name and password, solely for the internal non‑commercial use of your organization.
You may save, print and reproduce in print form the forms generated by T3010QuickPrep Tool in pdf format through input of your data.
You grant Imagine Canada the perpetual, irrevocable and fully sublicensable right and licence to use, reproduce, display, perform, modify, translate, create derivative works from, transmit and distribute the information and materials submitted, uploaded, entered or posted by you the for the purpose of providing you the Services.
You will not submit, upload, enter, post, reproduce or distribute any information or materials protected by copyright or any other intellectual property right unless you own all rights in such materials or first obtain the permission of the owner of such rights, and in no event shall User upload, introduce or transmit in, to or through the Tools any viruses, worms or other limiting, harmful or destructive routines, instructions or files.