Terms of Service

Updated: May 10, 2020

Please read carefully before using this website and any affiliated software.

These Terms of Use (the “Terms”) are a legal contract between you (the “User”) and SeeKindness Social LLP (“We”, “Us” or “Our”). They describe the services We provide when you create an account with Us, as well as layout our mutual obligations to one another over the course of our relationship.

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Us with regard to matters other than your use of the Site. We may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. If We do make modifications, visitors will be notified on the Site. However, we suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this Site.

This Site is owned and operated by SeeKindess Social LLP, and We may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability to you. Your use of this Site may be monitored by Us and used for Our internal purposes (subject to our Privacy Policy) without liability to you, as provided for by law.

Disclaimer
The material posted on Our website is not an official statement of Our policy, practice, services or procedure, and should not be construed as such. It is intended only to provide immediate and convenient access to information and so while efforts are made to provide accuracy and currency, We cannot and does not guarantee that the information posted is always accurate or current. We do not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, maps, graphics, links and other items contained on its web pages.

We make no warranties, express or implied, as to the fitness of the information for any purpose or to results obtained by individuals using the information, and is not responsible for any action taken in reliance on the information obtained by you or used by you from the Site.

Limited license and restrictions on use
Except where and then only to the extent expressly permitted, We grant you a limited, revocable, nonexclusive, non-transferable licence to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and non-commercial use, or as separately expressly authorized by Us in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. We reserve all rights not expressly granted in these Terms of Use.

Except as otherwise stated in these Terms of Use or as expressly authorized by Us in writing, you may not (or enable others to):

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, “Materials”);
  • Redeliver any page, text, image, or Materials on this Site using “framing” or other technology;
  • Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by Us;
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;
  • Modify, copy, obscure, remove, or display Our name, logo, trademarks, text, notices, or images without Our express written permission.
  • Include the term “SeeKindness” or any SeeKindness trademark or name of any staff member, individual, business or other entity, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Us.

Links to external sites
Links to external websites posted on Our website contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Us. We doe not endorse, approve, certify, or control external websites and does not guarantee the accuracy, completeness, efficiency, timeliness or correctness of the information located at the sites. Reference to any specific commercial product, process or service by trade name,trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favouring by Us.

Email
Communications made through this Site’s email and messaging system is for convenience only and shall not be deemed to constitute legal notice to Us or any of our affiliates or their respective officials, officers, agents, agencies, employees or representatives with respect to any existing or potential claim or cause of action or for any other purpose.

Linking to this Site
You may not link to this Site unless you comply with these linking conditions (“Linking Conditions“). We now grant you a limited, revocable, nonexclusive right to create a hyperlink to this Site (“Link“), provided you comply at all times with the following conditions:

  • The Link must resolve to a valid page at this Site or to a page to which We link as an extension of a task on a page, such as a third-party site that provides a service to Us, such as displaying maps, aggregating social media content, or displaying schedules.
  • The text of the Link must read either “SeeKindness” “SeeKindness Social LLP” or “seekindness.org.” You may not use any of Our logo or graphic, or any other of Our trademark, as part of the Link without Our express written permission; and
  • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Us, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Us or Our affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.
  • If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as “deep links”), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this Site.

RSS, video, and podcast feeds
We now grant you a limited, revocable, nonexclusive right to view, store, bookmark, access, download, display, create hyperlinks to and use the Really Simple Syndication, video, and podcast feeds (collectively, the “Feeds”) offered by Us solely for your personal, informational, and non-commercial use or as otherwise authorized by Us in writing, provided you comply at all times with the following conditions:

  • Except as otherwise stated in these Terms of Use, you may not modify, copy, redistribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit in any manner whatsoever the Feeds or the reports, data, information, content, software, files, products, services, or other materials supplied by Us in connection with them;
  • You may create a hyperlink to the Feeds, provided that (a) the hyperlink is functional and resolves directly to the applicable Site page, unaltered and unframed in any way; and (b) you provide attribution to the this Site in connection with your use of the Feeds. If you provide this attribution in text, the hyperlink must read “seekindness.org”.If you provide this attribution with a graphic, you must use the graphic We have incorporated into the Feeds, without alteration. Your right to use the above-referenced graphic is limited to providing attribution to Us in connection with the Feeds. You may not use any of Our logo or graphic, or any other official mark or trademark, for any other purpose without Our express written permission;
  • Any hyperlink to the Feeds and the surrounding context on your site must not: (a) falsely represent or misrepresent any relationship between Us and you or your site, products or services or any third party or their site, products and services, including suggestions of affiliation, endorsement or sponsorship; (b) portray Us or its affiliates, or their products or services, in a false, misleading, derogatory or otherwise offensive manner; or (c) display the content of the Feeds in a manner that does not permit successful linking to, redirection to or delivery of the applicable Site page; and
  • You may not incorporate advertising into or targeted towards the content of the Feeds or insert any intermediate page, splash page or other content or materials between any hyperlink to the Feeds and the applicable Site page.

Any uses of the Feeds not granted are strictly prohibited. We retain ownership of and all other rights in and to the Feeds, and any reports, data, information, content, software, files, products, services, links, trademarks, logos, or other materials used in connection with them. We reserve the right, in its sole discretion, with or without cause, and without liability, to suspend, discontinue or modify any or all of its Feeds at any time and to immediately require you to cease accessing, displaying, or otherwise using any or all of the Feeds or the content of the Feeds. We will not be liable for any loss or damage arising from your use of or in connection with the Feeds.

User-generated content and license grant
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, email, transmit, or otherwise make available via the Site (“Content“). By submitting, uploading, posting, e-mailing, or transmitting (“post“) content to the Site, you represent and warrant that either you own all right, title, and interest in and to the Content or have express permission from the owner to copy and use such content for all purposes related to the Site. We do not control and are not responsible for the content uploaded via the Site, and We neither guarantees the accuracy, quality, or appropriateness of nor endorses any Content submitted to the Site.

You agree not to use the Site to:

  • Post any content that is unlawful, harmful, threatening, abusive, menacing, harassing, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libellous, unlawful, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable to the local community as determined by Us in our sole discretion;
  • Post any content that personally attacks or is derogatory toward Us as an entity, our employees, any of Our products or services, or any of Our Materials;
  • Harm minors or other vulnerable populations groups in any way, including, but not limited to, posting content that violates pornography or child pornography laws, sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
    Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
    Post any content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
  • Post any content that infringes, violates, or misappropriates any patent, official mark,trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
  • Except where reasonably required for the purposes of that section of the Site, post any personal information or specific account details about yourself or any person or entity;
  • Post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • Post any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

You grant Us and our affiliates, and their respective officials, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sub-licensable, and transferable right and licence to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the Content, for any purpose in Our sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. We will exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Us that incorporate or otherwise make use of any Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

The Content that you post on the Site will be subject to the Privacy Policy, as set out by SeeKindess Social LLP. We will not be liable in any way for any Content or for the use or disclosure of any Content. You acknowledge that We and/or its agents may or may not (but are not obligated to) monitor Content, but that We will have the right in its sole discretion to monitor, post, move, refuse, or remove any Content, in whole or in part, for any reason whatsoever, without notice and without liability.

If you have any questions or comments about your Content or other customer service issues, you can contact Us through the online feedback form or email at support@seekindness.org.

Personal account information
Certain parts of this Site or third-party sites that provide a service to Us may be protected by passwords or require a login. Further, for authentication purposes, certain features on this Site may require you to answer a designated security question. You agree to provide Us with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this Site to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of, or features on, this Site, or to any other protected Materials or information, through any means not intentionally made available to you by Us.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Us. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Services provided to you through this Site may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal financial information or promotional and informational materials, and you consent to such transmission and assume all risks associated with this method of transmission.

Read the Privacy Policy

Data, information, and content
Except where expressly and then only to the extent otherwise stated, the materials on this Site are for information, education, and non-commercial purposes only. Although We may provide data, information, and content relating to Our operations, you should not construe any such information or other content available through this Site as personal advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Us or our third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site. By providing access to other websites, neither We nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website’s sponsoring organization.

Maps
We use maps to enable users to visualize and share geospatial data. The data that is available represents a snapshot of information from the time it was uploaded into Our application. Consequently, it may not be accurate at the time the user views it.

When you access and use Our map, and use any of the data you derive from it, you agree to these Terms of Use and are licenced to use Our map pursuant to the terms and conditions stated. All of the other sections of these Terms of Use, including the sections entitled “Disclaimers” and “Liability and Indemnity”, are applicable to the access and use of Our map.

All rights, titles, and interest, including copyright, proprietary notices, patents, and other intellectual property rights, in Our map remain vested in with Us at all times and should be credited to Us where necessary.

Trademarks
All official marks, trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.

All Seekindess Social LLP graphics, logos, page headers, and service names are Our official marks, emblems, or trademarks. Our official marks, emblems and trademarks may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion among members of the public, or in any manner that disparages or discredits Us. Nothing contained on this Site should be construed as granting any licence or right in or to any of Our official marks, emblems or trademarks.

International use
Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of any jurisdiction to which you are subject and from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from Canada.

Third-party content
Data and other materials appearing on this Site that are provided by third parties are believed by Us to be obtained from reliable sources, but We cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. We are not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other content on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that We have provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Us with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk and you agree that We are not liable for any loss or damage that you may suffer by using third-party websites or their content.

Timeliness of content
All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Termination
The rights granted to you here terminate immediately on any violation by you of these Terms of Use. We, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. We will not be liable to you or any third party for any termination of your access to or use of this Site.

Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, SEEKINDESS SOCIAL LLP AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS (COLLECTIVELY, THE “SEEKINDNESS GROUP”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, THE SEEKINDNESS GROUP EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, THE SEEKINDNESS GROUP HAS NO RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

Liability and indemnity
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

UNDER NO CIRCUMSTANCES WILL THE SEEKINDESS GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED ON THIS SITE, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF THE SEEKINDESS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY THE SEEKINDESS GROUP FROM AND AGAINST ALL LOSSES ARISING OUT OF OR RELATED TO YOUR IMPROPER ACCESS TO OR USE OF THIS SITE, OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Integration and severability
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and SeeKindess Social LLP relating to this Site.

Applicable law and venue
The laws of British Columbia, Canada, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and Us. If you take legal action relating to these Terms of Use, you irrevocably agree to only take such action within British Columbia and only to a court of competent jurisdiction within British Columbia and in no other jurisdiction or venue, and you now irrevocably consent and submit to the jurisdiction of the courts of British Columbia for this purpose.

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