I. The Purpose of the Terms of Service
A. THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (“Terms”) governs your use of our web site (“web site”) and the Services we offer to our Members (“Users”, “you”, “your”). It defines the rights, duties and responsibilities between the Company (“Calvin Strachan”) and Members, regarding the use of our website, (www.calvinstrachan.com/www.calvinstrachan.ca) and your Membership or Use.
B. It is vitally important that you read the Terms carefully, as your use of our web site and Services will automatically constitute your agreement to be legally bound by the Terms set out herein. Each time you use our web site and Services, you acknowledge that you have read these Terms, and agree to be legally bound by them.
C. These Terms are inclusive of any operating rules, policies, price schedules and other supplemental terms and conditions or documents expressly incorporated, herein, by reference and/or published from time to time, including, without limitation, our Privacy Policy, Events, Disclaimers, Releases, etc (collectively, the “Calvin Strachan Agreements” and, together with these Terms, the “Agreement”). Where there is a conflict between these Terms and any Calvin Strachan Agreement, the applicable Calvin Strachan Agreement shall take precedence, solely with respect to the Service or subject matter of that Agreement.
D. Our business name is Calvin Strachan (hereafter “Calvin Strachan”, “us”, “we” or “Company”). We are the owner of the web site www.calvinstrachan.com/www.calvinstrachan.ca If you do not agree to be bound by these Terms, you may not use the web site or the Services provided by Calvin Strachan.
E. The following words used in these Terms shall have the following meanings:
1. “Personal Information” shall mean all data and/or information provided by and about Member, including e-mail address, name, address, payment information, etc.;
2. “Calvin Strachan web site” shall mean the web site on which Calvin Strachan provides information and links to Services, as listed above.
3. “Calvin Strachan User” shall mean all Members and Users of the Calvin Strachan web site and its Services.
4. “Calvin Strachan Services” shall mean all Services provided by Calvin Strachan, including events, speakers, meetings, products and other Services.
5. “Third Parties” include all speakers, sponsors, advertisers and affiliates.
F. Users can access these Terms by clicking on the “TERMS” link that appears on the Calvin Strachan web site “Homepage” and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
II. Effect of, and Changes to, These Terms
A. Calvin Strachan and our web site, www.calvinstrachan.com/www.calvinstrachan.ca, have published these Terms as part of our overall effort to provide high quality, reliable service to our Members and Users. We strive to protect your privacy and the security of our systems and networks. We also encourage responsible use of Calvin Strachan’s, and other web site’ resources, and to make sure that we both comply with applicable laws.
B. These Terms describe the use of our Services and web site. It also describes prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, Calvin Strachan may, in its sole discretion, determine whether a particular use of its web site or Services is a violation of these Terms. When we become aware of a violation of these Terms, we may take any action we deem appropriate to address the violation.
C. These Terms are being implemented for all Members and Users of our web site and Services.
D. Calvin Strachan will not be held liable for damages occurring to a Member or User who fails to observe the changes made to these Terms.
III. The Language of these Terms
A. In case Calvin Strachan has provided Member or User with a translation of the English language version of these Terms, then you agree that the translation is provided for convenience only and that the English language version of the Terms will govern your relationship with Calvin Strachan.
B. If there is any contradiction between the English language version of the Terms and the translated version, then the English language version shall take precedence.
IV. Provision of Services
A. Calvin Strachan is continuously innovating, in order to provide the best possible experience for its Members and Users. You understand and agree that the form and nature of the Services that Calvin Strachan provide, may change, from time to time, without prior notice to you.
B. As part of this continuing innovation, you acknowledge and agree that Calvin Strachan may stop (permanently or temporarily) providing Services (or any features within the Services), in the sole discretion of Calvin Strachan, and without prior notice.
C. Member Registration – User registration is not necessary in order to view the information on our web site. The only time Users are required to register is if they wish to become Members or Register for an event or meeting. Such registration will be made on our web site.
D. User understands and agrees that Calvin Strachan is not responsible for, has no obligation, and shall incur no liability to Member or User, in connection with any purchases made through any Third Party Vendor or as a result of any meeting or event for which you register.
E. Calvin Strachan administers our web site from offices in the City of Toronto, Province of Ontario, Canada. Calvin Strachan makes no representation that our content or Services are appropriate or available for every Member or User. There are times and situations where language and/or activities of speakers, presenters and others, may be offensive or crude. As such, Members and Users agree that they will not hold speakers, presenters or Calvin Strachan responsible or liable for any language or activities that take place during such events, meetings or presentations.
V. Obligations of User
A. Use of the Calvin Strachan web site and our Services, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – The Calvin Strachan web site, and its Services, may not be used in connection with criminal or civil violations of state, national, provincial or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – Neither the Calvin Strachan web site, nor its Services, may be used in connection with attempts—whether successful or not—to violate the security of a network, service, application or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DOS) attacks; and distributing viruses or other harmful software.
3. User is responsible for maintaining the basic security of his/her/its own computer system and to prevent its use by others in a manner that violates these Terms.
4. Threats – Neither the Calvin Strachan web site, nor its Services, may be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel or defamation.
5. Offensive Materials – Neither the Calvin Strachan web site, nor its Services, may be used for the distribution of offensive materials, including obscene, pornographic, indecent and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, Member or User shall not:
i. post any pornographic content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products that do not comply with any applicable legislation for the protection of minors;
ii. use, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws);
b. Members and Users may not provide, post or otherwise distribute, content that:
i. Violates any right of Calvin Strachan, or any third party;
ii. Violates or encourages the violation of any municipal, provincial, federal or international law, rule, regulation or ordinance;
iii. Interferes with any other Member’s or User’s uninterrupted use of the Calvin Strachan web site or its Services;
iv. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
v. Disrupts, interferes with or otherwise harms or violates the security of the Calvin Strachan web site or any of its Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Calvin Strachan web site;
WARNING: ANY VIOLATION OF THESE RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY CALVIN STRACHAN.
c. Members and Users are further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the Calvin Strachan web site;
ii. Blocking, overwriting, modifying or copying of any content of the Calvin Strachan web site;
iii. Performing any actions that may impair the operability of the Calvin Strachan web site’ infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
iv. Using our web site to harvest, or otherwise collect, personal information about other Members, Users, Company personnel or any other third parties, including email addresses, without written consent.
v. Using any meta-tags or any other “hidden text”, utilizing our Company name, without our prior written consent.
6. Indirect Access – A violation of these Terms by someone having only indirect access to the Calvin Strachan web site, through a Member or User, will be considered a violation, whether or not with your knowledge or consent.
7. The resale of Calvin Strachan Services is not permitted.
8. Violations of these Terms may result in immediate termination of Membership and use of our Services by Member or User, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Calvin Strachan, in its sole discretion. Such violations will also result in the banning of any violator from attending future meetings, events or presentations. If, after being notified of Membership termination or banning from future events, meetings or presentations, a Member or User attempts to attend one or more, Calvin Strachan will seek legal action and recourse against the violator, to the fullest extent of the law.
9. When feasible, it is Calvin Strachan’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by us, in our sole discretion. Calvin Strachan may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
VI. Uses and Other Policies
A. Member and User warrant and represent that they are of appropriate legal age for purchasing event tickets, Membership or other Services offered by Calvin Strachan, or through its web site.
B. Member and User may not post, distribute or republish, in any way, any portion of the Calvin Strachan web site’ content, to any Internet, Intranet or Extranet web site or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
C. Member and User may not distribute any of the Calvin Strachan web site’ content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.
D. Member and User may not copy any of the Calvin Strachan web site’ content, without written permission from us or as permitted by these Terms. You also agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Calvin Strachan web site. Member and User may not insert any code or product or manipulate the content of the Calvin Strachan web site, or its Services, in any way, and further, may not use any data mining, data gathering or extraction method on the Calvin Strachan web site.
E. Requests to use Calvin Strachan content or Services for any purposes other than as permitted in these Terms, shall be directed to Calvin Strachan at: Support@calvinstrachan.com.
F. Calvin Strachan shall not be liable for Member or User interactions with any third party vendors, businesses and/or individuals, by or through the Calvin Strachan web site or through the Services provided. This includes, but is not limited to, payment and delivery of any services or products, and any other terms, conditions, warranties or representations associated with such dealings with those third parties. These dealings are solely between Member or User and such third party vendors, businesses and/or individuals. Member and User understand and agree that Calvin Strachan is not responsible for any damage or loss incurred as a result of any such dealings or your attendance at any event, meeting or presentation. Calvin Strachan is under no obligation to become involved in disputes between Members or Users of our web site and any third party. In the event of a dispute, you agree to release Calvin Strachan, its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Services. See additional General Disclaimers and Limitations of Liability located in paragraph VIII of these Terms.
G. Member and User understand and agree that the tools, processes, strategies, materials and information presented at events, meetings and presentations, are confidential, copyrighted and proprietary, and you agree not to record, duplicate, distribute, summarize, teach or train anyone, with materials or information presented, whatsoever, without the express written permission of Calvin Strachan. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property, by you or your representatives, is prohibited and we will pursue all legal remedies and damages, if these terms are violated.
H. Children under the age of fifteen (15) years, are not permitted to attend, and teens between fifteen and seventeen (15-17) years, must be accompanied by a parent or guardian throughout the entire event, meeting or presentation.
I. As stated elsewhere, during our events, meetings and presentations, we will sometimes discuss several adult-oriented topics relating to personal and professional growth. We will also occasionally use adult or strong language, in order to emphasize a point or connect with or surprise the audience (though we will never be lewd, and we will always use tact and discretion). Participants who are uncomfortable with such topics or language should not attend our programs.
VII. Copyright, Trademark and Intellectual Property Rights
A. You acknowledge and agree that Calvin Strachan owns copyright and intellectual property rights regarding its web site and Services, in all the countries where such rights are registered (and even in the countries where those rights are not registered).
B. All copyright and intellectual property rights of the contents and Services, created by Calvin Strachan, are sole properties of Calvin Strachan. By participating in an event, meeting or presentation, Member and User understand that portions of the events may be recorded in video and audio and/or captured in still and/or digital photographs. Member and User agree that the Calvin Strachan, and its assigns, have the right and permission to use such recordings and photographs, and that we may include Member’s or User’s name, likeness, voice, biographical details, testimonial or photograph, for marketing, advertising or any other purpose, in any media or format, online and/or offline, now or in the future, without further compensation, permission or notification. Member and User understand and agree that all recordings from the events, meetings and presentations, are the exclusive rights and property of the Calvin Strachan and its assigns, and you do not require or expect compensation for the use of recordings or photographs in which you appear or speak.
C. Copyright and intellectual property rights of the contents related to the products or services, offered by third parties, are the properties of the respective companies providing such content.
D. By submitting, posting or displaying content, Member and User gives Calvin Strachan and its assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content submitted, posted or displayed on, or through, the web site or that is verbalized at any event, meeting or presentation that Member or User attends.
E. You agree that this license includes a right for Calvin Strachan and its assigns to make such content available to other companies, organizations or individuals with whom Calvin Strachan has relationships.
F. You guarantee that all the content submitted, posted or displayed on or through Calvin Strachan’s web site, or verbalized by you, does not infringe upon the rights of others, regarding copyright and intellectual property rights (regardless of whether or not such right is registered and targets all the countries where such rights could exist) and will be responsible for all the conflicts rising from such action.
G. Calvin Strachan also respects the rights of all copyright holders, and therefore, Calvin Strachan has adopted and implemented a policy that provides for the termination, in its sole discretion, of Members and Users of our Services who infringe on the rights of copyright holders. If you believe that your work has been infringed, please provide Calvin Strachan’s Copyright Agent with the appropriate information, required by the infringement provisions of the Copyright Modernization Act of Canada:
1. state the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant;
2. identify the work or other subject-matter to which the claimed infringement relates;
3. state the claimant’s interest or right with respect to the copyright in the work or other subject-matter;
4. specify the location data for the electronic location to which the claimed infringement relates;
5. specify the infringement that is claimed;
6. specify the date and time of the commission of the claimed infringement; and
7. contain any other information that may be prescribed by regulation.
For copyright inquiries under the Copyright Modernization Act of Canada, please contact:
Calvin Strachan, Copyright Agent
1 Yonge Street
Suite 1801
Toronto, Ontario, Canada M5E 1W7
Email: support@calvinstrachan.ca
VIII. General Disclaimers and Limitations of Liability
A. While Calvin Strachan uses reasonable efforts to include accurate and up-to-date information, we specifically disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability or operability or availability of information or material displayed on or through our web site or our Services, either now in existence or created in the future. Calvin Strachan disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. Calvin Strachan disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or application on the Internet through the Calvin Strachan web site.
B. THE CALVIN STRACHAN WEB SITE AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED ON THE CALVIN STRACHAN WEB SITE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. CALVIN STRACHAN EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CALVIN STRACHAN DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE CALVIN STRACHAN WEB SITE OR ANY SERVICES ACCESSED THEREFROM. CALVIN STRACHAN DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE CALVIN STRACHAN WEB SITE. CALVIN STRACHAN DISCLAIMS ANY WARRANTIES FOR PRODUCTS AND SERVICES RECEIVED THROUGH, OR ADVERTISED ON, THE CALVIN STRACHAN WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE CALVIN STRACHAN WEB SITE.
C. MEMBERS AND USERS UNDERSTAND AND AGREE THAT THEY OBTAIN PRODUCTS AND SERVICES, MATERIAL OR OTHER DATA, THROUGH THE CALVIN STRACHAN WEB SITE, AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH PRODUCTS AND SERVICES, MATERIAL OR OTHER DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. MEMBER AND USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. CALVIN STRACHAN IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY MEMBERS, USERS, THIRD PARTIES, OR ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT A MEMBER’S OR USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL CALVIN STRACHAN BE LIABLE TO ANY MEMBER OR USER ON ACCOUNT OF THEIR USE OR MISUSE OF, OR RELIANCE ON, THE CALVIN STRACHAN WEB SITE OR SERVICES, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CALVIN STRACHAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE CALVIN STRACHAN WEB SITE OR SERVICES, FROM INABILITY TO USE THE CALVIN STRACHAN WEB SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CALVIN STRACHAN WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS AND SERVICES RECEIVED THROUGH, OR ADVERTISED ON, THE CALVIN STRACHAN WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED THROUGH THE CALVIN STRACHAN WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE MEMBER’S OR USER’S COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CALVIN STRACHAN WEB SITE, OR ANY INFORMATION OR SERVICES THAT APPEAR ON, OR ARE LINKED OR RELATED, IN ANY WAY, TO, THE CALVIN STRACHAN WEB SITE. SUCH LIMITATION SHALL APPLY, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. PLEASE CHECK WITH YOUR JURISDICTION.
H. Calvin Strachan does not make any warranties or representations regarding any Services, data or information provided or made available to any Member or User on the Calvin Strachan web site or on any external web site linked to it. In particular, Calvin Strachan does not warrant or represent that said Services, data or information are true or accurate, or that they fulfill or serve any particular purpose.
I. Without limiting the foregoing, under no circumstances shall Calvin Strachan be held liable for any delay or failure in performance, resulting directly or indirectly, from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
J. While we take every possible measure to ensure Member and User safety at our events, meetings and presentations, we cannot control everything. For this reason, Member and User agree that they are legally responsible for their own safety and behavior, and you agree to, and will be held legally liable to, the following statement:
“I, as Member or User, hereby accept all risk to health and injury or death that may result from participating in a meeting, event or presentation of the Calvin Strachan or its related businesses, and I hereby release Calvin Strachan, its assigns, officers, principals, employees, interns, contractors, sponsors and representatives, from any and all liability to me, my personal representatives, estate, heirs, next of kin or assigns, for any and all claims and causes of action for loss of, or damage to, my property, and for any and all illness or injury to my person, including my death, and for any posting of photos, videos or audio recordings of me, that may result from, or occur during, my participation in the event, meeting or presentation, whether caused by the Calvin Strachan, its assigns, principals, Board, officers, employees, representatives or others. I further agree to indemnify and hold harmless the Calvin Strachan, its assigns and any third-party individual or company, from liability for the injury or death of any person, and damage to any property, that may result from my negligent or intentional acts or omissions, while I am attending and participating in the event, meeting or presentation. Under no circumstances will the Calvin Strachan or their representatives or assigns, be held liable for my injury or death or any loss or damage of my personal belongings, resulting from my participation in an event, meeting or presentation. Should I require emergency medical treatment as a result of an accident or illness arising during my attendance and participation at an event, meeting or presentation, I consent to such treatment. I acknowledge and agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify Calvin Strachan, verbally and in writing, if I am, at any time, injured, prior to, during or after the event, meeting or presentation, in my travels or attendance or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that Calvin Strachan and its assigns are not legally obligated to act on that information in any way, or to provide any medical service, whatsoever, to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in an event, meeting or presentation, I will notify Calvin Strachan, and I agree that Calvin Strachan retains the right to ask that I not participate in the event, meeting or presentation, although the final determination and decision is mine alone.”
K. The Calvin Strachan web site and Services are not substitutes for the advice and treatment of a licensed health care professional. Not all Services are suited for all who wish to participate. Calvin Strachan accepts no liability from Members or Users for injury or loss in connection, therewith. If you have specific concerns or a condition in which you require professional or medical advice, you should consult with a trained and qualified specialist, such as a licensed psychologist, physician or other health care professional. You should never disregard the medical advice of a psychologist, physician or other health care professional, or delay in seeking such advice, because of the information offered or provided by or through our web site or Services.
This may be especially true in any weight loss or health modification plan, which can result in serious injury. Calvin Strachan urges you to obtain a physical examination from a qualified medical doctor before implementing any weight loss or lifestyle changes or modifications. You agree that by using our Services, you do so entirely at your own risk.
IX. Indemnity
A. Member and User agree to indemnify, defend and hold harmless Calvin Strachan, its web site, assigns and each of its respective advertisers, presenters, affiliates, suppliers, licensors, officers, principals, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from, or relating to, any allegation regarding:
1. Use of the Calvin Strachan web site or its Services;
2. Calvin Strachan’s use of any Member or User information, photo, video or audio, as long as such use is not inconsistent with these Terms;
3. Information or material provided through my IP address, even if not provided by me;
4. Any violation of these Terms by me;
5. Member’s or User’s actual or alleged failure to comply with any applicable legal or regulatory requirements, including, without limitation, the CAN-SPAM Act and its implementing regulations, laws, regulations or self-regulatory guidelines relating to advertising, unfair or deceptive marketing practices, privacy, data security, sweepstakes or contests, or with any applicable web site or social media policy, terms of use or community guidelines, including, without limitation, Facebook, Twitter, Flickr, LinkedIn or any other social media or networking web site or platform.
X. Errors in Advertisements or Sweepstakes, Contests or Prizes
A. On occasion, a Product or Service, offered by or through Calvin Strachan’s web site, may not be available at the time or at the price listed. In such event, or in the event a Product or Service is listed at an incorrect price or with incorrect information, due to typographical error, technology effort, error in the date or length of availability or error in pricing or general Product or Service information, User agrees that Calvin Strachan and its assigns are not responsible for such errors.
B. From time to time, Calvin Strachan will run Contests or Sweepstakes, where prizes will be awarded to Members and Users. Member and User acknowledge and agree that there may be times where the prize announced may not be available. In such an instance, a replacement prize of similar value or nature will be awarded to the winner, upon certification by Company. Member and User agree that they will not hold Calvin Strachan or its assigns liable for any prize that is changed or replaced by another of a similar value or nature.
XI. Additional Terms
A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. Member or User agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of Calvin Strachan.
B. This Agreement shall be treated as though it was executed and performed in the Province of Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without regard to conflict of law principles.
XII. Discontinuation of Service and Force Majeure
A. Calvin Strachan may modify, suspend, discontinue or restrict the use of any portion of the Calvin Strachan web site, including the availability of any portion of its Services, at any time, without notice or liability.
B. Calvin Strachan may deny access to any Member or User, at any time and for any reason, from any Service, meeting, event or presentation. In addition, Calvin Strachan may, at any time, transfer rights and obligations, under these Terms, to any current or future subsidiary or business unit or any company or division or any entity that acquires Calvin Strachan or any of its assets.
C. Member and User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Calvin Strachan’s, or any other, web site. Calvin Strachan shall, nonetheless, endeavor to keep its web site available without interruption. Events related to maintenance, security or capacity requirements and/or events beyond our control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the Services provided and you agree that Calvin Strachan shall not be liable for any resulting loss, damage or injury.
XIII. Data Protection
A. Calvin Strachan recognizes that any data provided by Member or User is extremely important, and we shall, therefore, be particularly sensitive in handling such data.
B. You are advised that there are inherent security risks in transmitting data, such as emails, payment or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, Calvin Strachan shall do what is reasonable to safeguard the data you provide to us, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third party rights, unless the respective party has given prior consent in view of such security risks.
D. Accordingly, Calvin Strachan and its assigns shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY, ON THE CALVIN STRACHAN WEB SITE.
E. UNSOLICITED IDEA SUBMISSION POLICY – CALVIN STRACHAN AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS, SERVICES OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT OR SERVICE NAMES. PLEASE DO NOT SEND CALVIN STRACHAN ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CALVIN STRACHAN SERVICES, PRODUCTS OR MARKETING STRATEGIES SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND UNSOLICITED IDEAS TO CALVIN STRACHAN OR ANYONE EMPLOYED HERE. IF, DESPITE OUR REQUEST, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CALVIN STRACHAN MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
XIV. Statute of Limitations
Member and User agree to file any claim regarding any aspect of our web site, Services or these Terms, within six (6) months of the time in which the events giving rise to such alleged claim begin, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than the courts of the Province of Ontario, Canada.
XV. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XVI. Incident Reporting
Any complaints regarding violations of these Terms by a Calvin Strachan Member or User should be directed to Customer Service at Support@calvinstrachan.com. Where possible, include details that would assist Calvin Strachan in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
XVII. Contact Information
Please contact Calvin Strachan Customer Service by sending an email to: support@calvinstrachan.ca.
XVIII. Effective Date
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON July 18, 2013.
