TERMS & CONDITIONS

Last Revision: February 1, 2021

The following terms and conditions of use for our website (the “Terms and Conditions”), located at https://capsa.ca (our “Website”), constitute a legal agreement and are entered into by and between you and Community Addictions Peer Support Association (“CAPSA”/“us”/”our”/”we”). These Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference (“Terms and Conditions”), govern your access to and use of any content, functionality and services offered on or through our Website.

  1. Use of our Website

BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (FOUND AT: https://capsa.ca/privacy-policy) (“PRIVACY POLICY”), INCORPORATED HEREIN BY REFERENCE, AND YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH CAPSA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR SERVICES. IF YOU ARE UNDER THE AGE OF MAJORITY UNDER APPLICABLE LAW, YOU MAY ACCESS OUR WEBSITE AND/OR USE OUR SERVICES ONLY WITH INVOLVEMENT OF A PARENT OR GUARDIAN WHO AGREES TO BE BOUND BY OUR PRIVACY POLICY AND TERMS AND CONDITIONS AND TO BE RESPONSIBLE FOR YOUR USE OF OUR WEBSITE AND SERVICES.

  1. Modifications to Terms and Conditions and to our Website

CAPSA reserves the right, in its sole discretion, to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon being posted to our Website and apply to all access to and use of our Website and services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications, and your continued use shall be your acceptance of same.

The information and material on our Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. CAPSA will not be liable if, for any reason, all or any part of our Website is restricted to users or unavailable at any time or for any period.

  1. Use of our Website and Account Set-Up and Security

The security of your personal information is very important to us. CAPSA uses physical, electronic and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Anyone who accesses or uses our Website or the services offered through our Website (“Users”) are responsible for obtaining their own access to our Website. Users are required to ensure that all persons who access our Website through a User’s Internet connection are aware of these Terms and Conditions and comply with them. Our Website, including content or areas of our Website, may require User registration. It is a condition of your use of our Website that all the information you provide on our Website is correct, current and complete.

Transmission of information via the Internet is not completely secure. Although CAPSA does its best to protect your personal information, CAPSA cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. CAPSA is not responsible for circumvention of any privacy settings or security measures contained on our Website.

Your provision of registration information and any submissions you make to our Website through any functionality such as applications, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (“Interactive Functions”) constitutes your consent to all actions CAPSA takes with respect to such information consistent with our Privacy Policy.

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

  1. Intellectual Property Rights and Ownership

You understand and agree that our Website and its entire contents, features and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement are owned by CAPSA, its licensors or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret and any other proprietary rights.

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

You may only use our Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, in any form or medium whatsoever except:

  • Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
  • One single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use; and
  • In the event that social media are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from our Website nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from our Website. You must not access or use for any commercial purposes any part of our Website or any services or materials available through our Website.

If you print, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title or interest in or to our Website or to any content on our Website, and all rights not expressly granted are reserved by CAPSA. Any use of our Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark and other intellectual property or other proprietary laws.

  1. Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use our Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material and information a User submits, posts, publishes, displays or transmits (“Submit”) to our Website, to other Users or other persons (“User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local and international laws, regulations and terms of service. We reserve the right to terminate your use of our services or our Website and our agreement with you through these Terms and Conditions, if you violate our Terms and Conditions or engage in any prohibited manners, including, but not limited to those listed below.

Without limiting the foregoing, you warrant and agree that your use of our Website and any User Submissions shall not:

  • In any manner violate any applicable federal, provincial, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
  • In any manner, violate the terms of use of any third-party website that is linked to our Website, including but not limited to, any third-party social media website;
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in CAPSA’s sole discretion;
  • Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;
  • Involve, provide or contribute any false, inaccurate or misleading information;
  • Include sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with the User Submissions and Site Content Standards incorporated into these Terms and Conditions;
  • Impersonate or attempt to impersonate CAPSA, a CAPSA employee, volunteer or another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
  • Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm CAPSA or Users of our Website or expose CAPSA or other Users to liability;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act; or
  • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

  1. User Submissions: Grant of Licence

Our Website may contain Interactive Functions allowing User Submissions on or through our Website. None of the User Submissions you submit to our Website will be subject to any confidentiality by CAPSA By providing any User Submission to our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not CAPSA nor CAPSA’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. CAPSA is not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of our Website.

  1. Site Monitoring and Enforcement, Suspension and Termination

CAPSA has the right, without provision of notice to:

  • Remove or refuse to post on our Website any User Submissions for any or no reason in our sole discretion;
  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating our Website and User Submissions and Site Content Standards or Terms and Conditions;
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of our Website. Without limiting the foregoing, CAPSA has the right to fully cooperate with any law enforcement authorities or court order requesting or directing CAPSA to disclose the identity or other information of anyone posting any materials on or through our Website; and
  • Terminate or suspend your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS CAPSA AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAPSA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER CAPSA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

CAPSA has no obligation, nor any responsibility to any party to monitor our Website or its use and do not and cannot undertake to review material that you or other Users submit to our Website. CAPSA cannot ensure prompt removal of objectionable material after it has been posted, and CAPSA has no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party, subject to applicable laws.

  1. No Reliance

The content on our Website or obtained through any of our services is provided for general information purposes only. It is not intended to amount to advice, including medical advice, on which you should rely. Our services do not include the provision by CAPSA of health care services, mental health services or any other professional services. We advise you to always seek the advice of a physician or other regulated health professional with any questions regarding your personal health or medical conditions and before taking or refraining from any action or inaction on the basis of the content on our Website, on third party websites or obtained in any manner through the use of our services. Never disregard, avoid or delay obtaining medical advice from your physician or other regulated health professional because of something you have read on our Website or heard during the use of our services. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.

  1. No Representations or Warranties

ALTHOUGH CAPSA MAKES REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR WEBSITE, NEITHER CAPSA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR ENDORSEMENT, WHETHER EXPRESS OR IMPLIED, THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR WEBSITE IS SUITABLE, ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, AVAILABLE, COMPLETE OR UP TO DATE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WITHOUT LIMITING THE FOREGOING. YOUR USE OF OUR WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF OUR WEBSITE AND SERVICES AND FOR YOUR COMPUTER, INTERNET, AND DATA SECURITY.

Our Website may include content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by CAPSA, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of CAPSA. Neither CAPSA nor its parent, subsidiaries, affiliates and their respective directors, officers, employees, volunteers, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

  1. Privacy

By submitting your personal information to us and by using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such User Submissions in compliance with our Privacy Policy, as CAPSA deems necessary for use of our Website and provision of services.

By using our Website, you are consenting to the use of cookies, which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do turn off cookies, some areas of our Website may not function adequately. For more information on these automated information-gathering practices, see our Privacy Policy.

  1. Third Party Websites

For your convenience, our Website may provide links or pointers to third-party sites and access to third-party tools through our Website. CAPSA makes no representations about third-party tools or any other websites that may be accessed from our Website. If you choose to access any such tools or sites, you do so at your own risk. CAPSA has no control over the contents of any such third-party tools or sites and accept no responsibility for such tools or sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from our Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from our Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. CAPSA reserves the right to withdraw linking permission without notice. Our Website in which you are linking must comply in all respects with these Terms and Conditions, User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

  1. Termination

In addition to any remedies that may be provided under these Terms and Conditions, CAPSA may terminate its agreement with you, without notice, to provide you with the services offered through our Website if you have not performed or complied with any of these Terms and Conditions, in whole or in part.

  1. Waiver

No waiver by CAPSA of any of these Terms and Conditions is effective unless explicitly set forth in writing and signed by CAPSA. No failure to exercise or delay in exercising any rights, remedies, power or privilege arising from these Terms and Conditions operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

  1. Force Majeure

CAPSA shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions for any failure or delay in fulfilling or performing any of these Terms and Conditions or in providing our services when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of CAPSA, including but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, provincial or municipal emergency orders, lock-outs, strikes or other labour disputes, restraints or delays affecting carriers or inability or delay in obtaining suppose of adequate or suitable materials, materials or telecommunication breakdown or power outage. Notwithstanding the foregoing, this agreement shall continue in full force and effect.

  1. Geographic Restrictions

The owner of our Website is based in Ontario, Canada. CAPSA provides our Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access our Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

  1. Indemnification

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, NEITHER CAPSA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SAME WITH RESPECT TO ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES OR DAMAGE, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEY’S FEES) SUSTAINED BY YOU OR BY THIRD PARTIES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, DIMINUTION IN VALUE, LOSS OF GOODWILL OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL AGGRAVATED OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND NEGLIGENT MISREPRESENTATION), BREACH OF PRIVACY, YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES OR OUR PRODUCTS, ANY LINKED WEBSITES (SUCH AS THIRD-PARTY WEBSITES), ANY WEBSITE CONTENT, MATERIALS, POSTINGS OR INFORMATION THEREON OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAD REASON TO KNOW AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, CAPSA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES FOUND OR ATTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITE OR ON ANY WEBSITE LINKED TO IT.

  1. Governing Law and Jurisdiction

Our Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to our Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

  1. Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and CAPSA regarding our Website and services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

  1. Reporting and Contact

All notices of intellectual property claims should be sent to info@capsa.ca.

Should you become aware of misuse of our Website, including libelous or defamatory conduct, you must report it to CAPSA at info@capsa.ca.

All other feedback, comments, requests for technical support and other communications relating to our Website should be directed to info@capsa.ca.