PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, INDEMNITIES AND LIMITATIONS OF LIABILITIES.

Introduction

1.    Our Collective Journey is a not-for-profit society incorporated under the laws of the Province of Alberta in the Country of Canada.

2.    These Terms of Use govern your access and use of the Our Collective Journey applications for web and mobile devices (the “App”), the Our Collective Journey website (the “Website”), and the content, information, and services performed or provided by or through them (collectively the “Services”).  The Services are made available only under these Terms of Use and in accordance with Our Collective Journey’s Privacy Policy (together, the “Agreement”).  By using/accessing the Services, you accept and agree to be bound and comply with the terms of the Agreement.  If you do not agree to the terms of the Agreement, you must not access or use the Services.

3.    By using/accessing this Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Our Collective Journey and meet all of the eligibility requirements contained herein.  If you do not meet all of these requirements, you must not access or use the Services.

Scope

4.    Subject to the terms of this Agreement, Our Collective Journey hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable license to the Services for your non-commercial, personal use only.

5.    You may choose to use the Services to assist you in making your own decisions about your actions, peer support, mental health support and addictions support.  The information provided to you from your use of the Services is general/educational/amateur health and support information that:

  1. Is not a substitute for a doctor, professional counsellor/therapist or other healthcare provider;

  2. Does not provide diagnosis;

  3. Is utilized at your own risk; and

  4. Should not be treated as a substitute for medical consultation, diagnosis, treatment, or advice.

By using the Services you agree that Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns are not liable for any damages, injuries or negative results or consequences relating to any recommendations or information provided by or through the Services.

Account

6.    In order to use the Services, you may be required to create/register an account.  You represent and warrant that you are authorized to provide all information needed for registration of your account. Further, you agree to provide current and truthful information.  You are responsible for all activities occurring under your account and for keeping your password and other account information confidential.  You are responsible for putting in place and observing all safety measures that may be necessary to protect your personal well-being and property, as well as to prevent unauthorized access, misuse of account information/passwords and/or misuse of any other information.  Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns are not liable to you for any unauthorized access or misuse of the Services or your account.

Consent to Use of Data

7.    When creating an account and using the Services, you will be asked to provide personal information which may include personal health information.  Our Collective Journey will collect, store, use and disclose this information in accordance with Our Collective Journey’s Privacy Policy.

By agreeing to the terms of this Agreement/utilizing the Services, you agree to the collection, use and disclosure of your personal information as outlined in Our Collective Journey’s Privacy Policy.

Third Party Communication

8.    Among other things, Our Collective Journey offers peer support services through its volunteers and may offer advertisements as part of the Services.  As a result, the Services may allow you to communicate with Our Collective Journey volunteers, other users of the Services or other third parties (each a “Third Party”).

Any communication with a Third Party, including any services and any advice, opinion or health information you may obtain by way of such communications through the Services, is between you and such Third Party.

Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns are not responsible for the content of these communications and expressly disclaims any responsibility or liability for any claims, losses or damages that may arise as a result of such communications or failure of communications.

9.    Our Collective Journey reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or in connection with the Services.

10.  Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns are not responsible for the conduct, whether online or offline, of any user of the Services.

Permitted Uses

11.  The Services may only be used within the scope of what they are provided for, and only in accordance with the terms of this Agreement.  To the maximum extent permitted by applicable law, you must not, and you must not request or authorize another person to:

  1. Engage in any activities through or in connection with the Services that seek to or attempt to do harm to any individuals or entities or are otherwise unlawful, offensive, obscene, violent, threatening, harassing or abusive, or that violate any right of any third party;

  2. Reverse engineer, decompile, disassemble, reverse assemble or modify any source or object code or any software or other products, services or processes accessible through any portion of the Services;

  3. Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns, a third party or other users of the Services;

  4. Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services;

  5. Attempt to gain unauthorized access to the Services, computer systems or networks connected to the Services, through hacking, password mining or any other means;

  6. Harvest or otherwise collect or store any information of third parties, including personal information about other users of the Services, without the express written consent of such third parties;

  7. Use the Services or any data obtained through the Services for the purpose of engaging in any commercial activity or to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam or other commercial electronic messages through the Services; or

  8. Otherwise violate this Agreement.

Our Collective Journey will delete or request removal of accounts or user content, at our discretion and without liability, for unacceptable or prohibited use.  Our Collective Journey may choose not to give any notice or explanation.  Our Collective Journey also reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any breach of this Agreement or any illegal or unauthorized use of the Services.

Updates and Changes

12.  From time to time, Our Collective Journey may provide updates to the Services.  The terms of this Agreement will govern any update to the Services, unless such update is accompanied by updated/revised Terms of Use in which case the update/revised Terms of Use will govern.

13.  Our Collective Journey may modify this Agreement from time to time.  Our Collective Journey will give you written notice of modifications to the Agreement by any manner of notice which it elects, and your use of the Services after the date of the modifications as set out in such notice constitutes your agreement to such modifications.

Links

14.  Any links or references to third party/external information are provided solely as a convenience to you.  These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or references or the activities of the people, organizations and/or businesses contained therein.  Such links and references are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns.  When you use a link to go from the Services to another website or service, your browsing and interaction is subject to that website’s own rules and policies, not those of Our Collective Journey.  Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns shall have no liability to you for any third party/external content that you access or that you may find to be offensive, indecent, or objectionable.

Termination

15.  This Agreement is effective until terminated.  Your rights under this Agreement will terminate automatically without notice from Our Collective Journey if you fail to comply with any term(s) of this Agreement.  Upon termination of this Agreement, you must cease all use of the Services.  Additionally, Our Collective Journey reserves the right to terminate this Agreement and/or prohibit you from using or accessing the Services for any reason, or no reason, at any time in its sole discretion, with or without notice to you.

Intellectual Property Rights

16.  You acknowledge that the Services and all information/content related thereto, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, constitute valuable proprietary, confidential and trade secret information of Our Collective Journey.  The Services and all information/content related thereto are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada and other countries.  By agreeing to this Agreement, you acknowledge that, as between you and Our Collective Journey, Our Collective Journey owns and retains all rights, title and interest in and to the Services and all information/content related thereto including without limitation all copyright, trademark and intellectual property rights therein, and that the only right you have is the limited right to use the same as set forth in this Agreement.  You may not rent, lease, lend, sell, redistribute or sublicense the Services and all information/content related thereto.  You may not copy, download, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Services and all information/content related thereto, any updates, upgrades or any part thereof.  Any attempt to do so is a violation of this Agreement and the rights of Our Collective Journey.  All rights in the Services not expressly granted to you are reserved by Our Collective Journey.

Limitation of Warranty

17.  Some jurisdictions do not allow the exclusion or limitation of implied warranties or conditions, such that the exclusion and limitations below may not apply to you.  You expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.  To the maximum extent permitted by applicable law, the Services, included but not limited to the App and Website, are provided "as is" and "as available", with all faults and without warranty of any kind, and Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns hereby disclaim any and all warranties, representations and conditions with respect to or in relation to any of the Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights.  Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns do not warrant against interference with your enjoyment of the Services, that the functions contained in or services performed or provided by the Services will meet your requirements, that the operation of the Services will be uninterrupted or error-free, or that defects in the Services will be corrected.

18.  The Services are provided for informational and educational purposes only and all content and Services are provided on an ‘as is’ and ‘as available’ basis.  Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns do not make any promises in respect of the Services or its content, including, without limitation, information provided by or regarding Our Collective Journey volunteers and other users and user content.  Do not use the Services or any associated content to diagnose or treat any medical condition.  You should never disregard or delay seeking medical advice because of something that you have read on the Services.

19.  Any decision made or action taken by you on the basis of information provided on or via the Services is at your sole discretion and risk.  You should seek appropriate professional advice before acting (or not acting) in reliance on any information contained in or accessed through the Services.

20.  The information/content available from the Services is not intended as, and shall not be understood or construed as, professional advice.  Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns expressly recommend that you seek advice from a professional.  You accept that the information/content available from the Services may be erroneous and agree to conduct due diligence to verify any information obtained from the Services prior to taking any action.  You expressly agree not to rely upon any information/content available from the Services.

Limitation of Liability

21.  Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, such that the limitations below may not apply to you.  To the maximum extent permitted by applicable law, in no event and under no circumstances shall Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns be liable for:

  1. any personal injury, or any direct, indirect, incidental, special, consequential or punitive damages whatsoever, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or related to the use of or inability to use the Services,

  2. any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or a user account or the information contained therein,

  3. any errors, mistakes, or inaccuracies of content,

  4. personal injury or property damage, of any nature whatsoever, resulting from access to or use of the Services,

  5. any unauthorized access to or use of Our Collective Journey’s servers and/or any and all personal information stored therein,

  6. any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services;

  7. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Services, or

  8. the defamatory, offensive, or illegal conduct of any user of the Services or any Third Party, however caused, and regardless of the theory of liability including contract, extra-contractual liability, tort or otherwise, and even if Our Collective Journey has been advised of the possibility of such damages.

22.  The total maximum aggregate liability of Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns in connection with this Agreement, or the use or exploitation of any or all parts of the Services, including the content provided to you in connection with the site, in any manner whatsoever shall be limited to one hundred Canadian dollars ($100.00 CAD).

Indemnity

23.  To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Our Collective Journey and its subsidiaries, affiliates, directors, officers, employees, agents, volunteers, service providers, contractors, suppliers, successors and assigns harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

  1. Your use of and access to the Services, including any data or content transmitted or received by you;

  2. Your violation of this Agreement;

  3. Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

  4. Your violation of any statutory law, rule, or regulation;

  5. Any content that is submitted from your account, including but not limited to, misleading, false, or inaccurate information; or

  6. Your willful misconduct.

General

24.  Our Collective Journey is based in Alberta, Canada.  The Services are intended for use in Canada only.  You shall not use the Services outside of Canada.  If you access/use the Services from outside of Canada, you do so at your own risk, and you are responsible for compliance with the local laws of your jurisdiction.

25.  This Agreement constitutes the entire agreement between you and Our Collective Journey with respect to your access and use of the Services.  Our Collective Journey's failure or delay to enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.  No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.  This Agreement is not assignable, transferable or sublicensable by you except with Our Collective Journey’s prior written consent.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  The laws of the Province of Alberta and the federal laws of Canada applicable hereto shall govern this Agreement.  Any disputes in relation to this Agreement shall be brought to the courts of competent jurisdiction of the City of Medicine Hat, Alberta.