Introduction

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The CAPS Peer Support Program (“CAPS PSP”), offered by the Canadian Association of Professional Speakers Foundation (“CAPS Foundation“, “we” or “us“), is designed to offer its members an opportunity to seek and receive support from other members during a time of stress or crisis. 

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The services offered by the CAPS Foundation include the CAPS Foundation PSP and the “Website” (which term includes www.CAPSFoundation.org and any and all CAPS Foundation PSP branded URLs) and all components thereof (collectively, the “Services“).  By using the Services (including but not limited to browsing the Website, submitting a Peer Support Request and interacting with CAPS Foundation PSP staff and volunteers), you agree to be bound by these Terms of Use.

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Binding Agreement

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These Terms of Use form/are a legal agreement between you and the CAPS Foundation concerning your access to and use of the Services.  In consideration of the CAPS Foundation providing you with access to the Services, through your access to and use of the Services you accept and agree, without limitation or qualification, to the terms and conditions contained in these Terms of Use and acknowledge that you intend to be legally bound by them.  If you do not agree with these Terms of Use you may not access or use the Services and you should immediately cease and desist any and all use of the Services.

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The Services contain information and resources related to the CAPS Foundation and the CAPS Foundation PSP and are provided by the CAPS Foundation solely and exclusively for the purpose of enhancing your understanding and use of the Services.  Although our technicians, staff and volunteers do their best, the CAPS Foundation cannot be held responsible for errors and omissions. Although accessible by others, the Services and the Content (as defined below) are intended for access and use by CAPS Foundation members only.

 

Right to Access and Use / Proprietary Rights

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You hereby agree and acknowledge that the CAPS Foundation and/or its licensor(s) is and shall remain the sole and exclusive owner of the Content and all intellectual property associated therewith, including but not limited to all copyrights, trademarks, trade secrets, patents, logos and designs.  The CAPS Foundation grants you a personal, non-transferable and non-exclusive license to access, read, download and print the Content (which means all data, images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials available through the Services) solely and exclusively for your personal and private, non-commercial use.   You may not distribute, modify, transmit, reuse, repost or use the Content, in whole or in part, for public or commercial purposes, without the express written permission of the CAPS Foundation.  You may, to the extent available to do so and subject to these Terms of Use, use the Services to access such other related information, materials and services as may be made available from CAPS through the Services from time to time hereafter.  You agree that you acquire absolutely no rights or licenses to any of the Content other than the limited right to access and use the Services and the Content in accordance with these Terms of Use.  Any unauthorized use or display of any such trade-marks or trade names is strictly prohibited.

 

Remedies

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• The CAPS Foundation reserves the right to take such steps as it deems necessary, including taking legal action, to restrain any and all unauthorized use of the Services and/or the Content.

• If you are dissatisfied with the Services, the Content and/or your use thereof, or with any of the terms, conditions, guidelines, practices or policies of the CAPS Foundation in operating the Services, you agree that your sole and exclusive remedy shall be to discontinue using the Services.

• No supplement, modification or amendment to these Terms of Use proposed by you shall be binding on the CAPS Foundation unless agreed to by the CAPS Foundation in writing.

 

Waiver

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No waiver of any of breach of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  All waivers by the CAPS Foundation must be in writing and signed by an authorized representative of the CAPS Foundation.

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Use Restrictions

 

Without limiting the generality of the foregoing, you agree to use the Services and the Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Services shall not be used where, and to any extent, such use is prohibited by law.  Your use of the Services from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Services is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Services due to any restriction whatsoever.

 

Links

 

The Services may include hypertext links to other web sites solely for the purpose of helping you identify and locate other sources of information that may be of interest.  Any such links do not imply any endorsement of (including that the CAPS Foundation has reviewed such sites) or association with such third party web sites and CAPS is not responsible for such third party web sites or the information contained on such third party web sites. Use of third party web sites is entirely at your sole discretion and risk. You may not create links from other web sites to this Site without the prior written consent of the CAPS Foundation. Any copying, republication or redistribution of the Services or the Content, in whole or in part, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the CAPS Foundation.

 

Limitations

 

The Content is made available for informational purposes only.  While the CAPS Foundation makes reasonable efforts to ensure that the Content is accurate and up to date, the CAPS Foundation does not guarantee that any Content is error-free, complete, accurate, reliable or current. The views and opinions expressed by the CAPS Foundation PSP staff and volunteers are the views and opinions of the individual sharing such views and opinions and do not necessarily reflect the views and opinions of the CAPS Foundation or its other staff or volunteers. The Services and your use thereof are subject to the discretion of the CAPS Foundation and the CAPS Foundation expressly reserves the right to terminate and/or prevent your use of the Services at any time, for any or no reason.

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YOU AGREE THAT THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND ARE FOR YOUR PERSONAL, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER.  THE CAPS FOUNDATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, THE CONTENT OR ANY THIRD PARTY INFORMATION AND/OR WHETHER THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

 

IN NO EVENT SHALL THE CAPS FOUNDATION OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES OR ANY CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH: (I) THE TRANSMISSION OR DOWNLOADING OF ANY CONTENT FROM THE SERVICES OR SUBMISSIONS/POSTINGS TO THE SERVICES; OR (II) ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY CONTENT, ADVICE, RECOMMENDATIONS OR OTHER INFORMATION CONTAINED ON/IN OR OTHERWISE PROVIDED TROUGH YOUR USE OF THE SERVICES, WHETHER OR NOT THE CAPS FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

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THE CAPS FOUNDATION'S PSP IS DESIGNED TO PROVIDE ASSISTANCE TO CAPS MEMBERS FACING LIFE CHALLENGES AND CRISES.  HOWEVER, WHILE WE TAKE PRIDE IN OUR PROGRAM AND WILL DO WHAT WE REASONABLY CAN TO ASSIST YOU, THE PSP’S VOLUNTEERS ARE NOT TRAINED HEALTH PROFESSIONALS.  ANY ADVICE THEY MAY GIVE DOES NOT AND WILL NOT CONSTITUTE MEDICAL ADVICE AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL HELP.

 

Privacy and Collection & Use of Personal Information

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Your privacy and the security of your personal information are very important to the CAPS Foundation.  the CAPS Foundation'S Privacy Policy explains how the CAPS Foundation collects and uses certain information, including the personal information that you supply to the CAPS Foundation or otherwise make available through the Services.  The CAPS Foundation Privacy Policy is hereby incorporated by reference and is an integral part of these Terms of Use.

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Indemnity

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You agree to defend, indemnify, save and hold harmless the CAPS Foundation, its affiliates and their respective officers, directors, employees, professional advisers and agents and volunteers from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the Services, your use of the Content and/or your breach of these Terms of Use.

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Location and Law

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The online components of the Services are physically located on servers in Canada and are administered by the CAPS Foundation from its offices in the Province of Ontario, Canada.  By accessing the Services, you and the CAPS Foundation agree that all matters relating to access to, or use of the Services and all communications, transmissions and transactions associated with the Services shall be deemed to have occurred in the Province of Ontario, Canada and shall, together with these Terms of Use, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof.  You and the CAPS Foundation also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

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General

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If, in any jurisdiction, any of the terms or conditions contained in these Terms of Use are held to be unenforceable (in whole or in part) by a court of competent jurisdiction, such term(s) and/or condition(s) shall be restricted or eliminated to the minimum extent necessary and the remaining term(s) and condition(s) (or part(s) thereof) shall otherwise remain in full force and effect.

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These Terms of Use constitute the entire agreement between you and the the CAPS Foundation Foundation relating to the access to and use of the Services and the Content.  Anything on/in the Services inconsistent with these Terms of Use is superseded by these Terms of Use.

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All notices and communications by or to you shall be in writing and shall be made via e-mail to  peersupport@speakerslistening.com or to the e-mail address that you may provide to the CAPS Foundation in connection with your use of the Services, as applicable.  Either party may revise its contact information by sending the other a new/corrected email address to the address specified in the preceding sentence.  Notwithstanding the foregoing, the CAPS Foundation may also post notices or communications, or other matters of importance, on the Services; and you agree that such posts shall constitute notice to you whether or not you actually access the notice/communication via the Services.  Notice by e-mail or posting on the Services shall be deemed given forty-eight (48) hours after the e-mail is sent or posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.

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the CAPS Foundation reserves the right to modify these Terms of Use at any time. It is your responsibility to review these Terms of Use each time you visit/use the Services and upon each visit/use you are deemed to be aware of such amendments.  If these Terms of Use change, the revised Terms of Use will be posted and the date of the most recent version shall always be noted.  If you do not agree to the amended Terms of Use, you must immediately stop accessing and using the Services. Your continued use of the Services after such amendments have been posted shall constitute your acknowledgement and acceptance of the amended Terms of Use.