Terms of Service
Please read this document carefully before using the attentiveears.ca website
Welcome to Attentive Ears.
By using the website, (the “Website”) located at attentiveears.ca, and/or making use of the information (the “Service”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”).
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service.
This Agreement applies to any user, (the “User”), of the Website or Service.
Please take some time and read this Agreement. If you object to anything in this Agreement or the Attentive Ears Privacy Policy, do not use the Service.
This Agreement is subject to change by Attentive Ears at any time, effective upon posting on the Website. Your continued use of the Website and the Service following Attentive Ears’ posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
Electronic Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by Attentive Ears from time to time, such modifications to be effective upon posting by Attentive Ears on the Website.
By accessing and/or using the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
Your Information Security.
You are responsible for maintaining the confidentiality of your email address, and you are fully responsible for all activities that occur under your email address.
You agree to (a) immediately notify Attentive Ears of any unauthorized use of your email address or any other breach of security, and (b) ensure that you exit from the Website at the end of each session. Attentive Ears will not be liable for any loss or damage arising from your failure to comply with this provision.
You should use particular caution when accessing the Website from a public or shared computer so that others are not able to view or record your email address or other personal information.
Your Use of the Website.
You must not copy or capture, or attempt to copy or capture, any content from the Website (the “Content”) or any part of the Website, unless given express permission by Attentive Ears.
You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other Users of the Website.
You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website or any Content appearing on the Website (other than Your Content).
You must not, and must not permit any third party to, copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
You must not use the Website to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
a. any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Attentive Ears’ sole and reasonable discretion;
b. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
c. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Attentive Ears’ sole and reasonable opinion;
d. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Website or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other User’s use and enjoyment of the Website;
e. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You must not rent, sell or lease access to the Website, or any Content on the Website, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You must not collect or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Attentive Ears or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Attentive Ears’ servers, system or network or attempt to breach Attentive Ears’ data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Attentive Ears’ servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Attentive Ears under these Terms of Service, Attentive Ears reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any Users who have participated in any such violations. You agree to comply with the above conditions, and acknowledge and agree that Attentive Ears has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending Users to the relevant authorities.
Term.
This Agreement will remain in full force and effect while you use the Website and/or Service. Should you decide to stop using the Website or the Service, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Modifications to Service.
Attentive Ears reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Attentive Ears shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Content
Proprietary Rights. Attentive Ears retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Attentive Ears, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All Content on Attentive Ears is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Attentive Ears and for Attentive Ears’ Users use only. Distribution of Content to others is strictly prohibited. You agree that Attentive Ears would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Attentive Ears shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have. We may provide links to third party websites, and some of the Content appearing on the Attentive Ears Website may be supplied by third parties. Attentive Ears has no responsibility for these third party websites nor for their Content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party Content providers.
Ownership of Your Content; Licenses. You agree that any content you upload to the Website and/or the Service (“Your Content”) shall become the property of Attentive Ears. This shall have no effect on Sections: Copyright Policy, Limitation of Liability, and Indemnity by You, of this Agreement. However, with respect to Your Content, Attentive Ears grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Content, except with regard to commercial or for-profit use accounts. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Website from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another User’s Content, or include another User’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Restrictions on Use of Materials. You acknowledge that Attentive Ears contains images, text, and other Content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the Canadian and United States copyright laws (and, if applicable, similar foreign laws), and Attentive Ears owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Copyright Policy.
Attentive Ears prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content on the Website, please contact Attentive Ears, giving a written statement that contains:
identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
identification of the allegedly infringing material on the Website that is requested to be removed;
your name, address, and daytime telephone number, and an email address;
a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and, the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Attentive Ears will process any notice of alleged infringement which it receives and will take appropriate action as required any applicable copyright laws. There may be significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
Liability for Content.
You hereby acknowledge and agree that Attentive Ears:
stores Content and other information at the direction, request and with the authorization of its Users,
acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and
plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Website, and to the extent permissible by law, Attentive Ears excludes all liability with respect to all Content (including Your Content) and the activities of its Users with respect thereto. You hereby acknowledge and agree that Attentive Ears cannot and does not review the Content created or uploaded by its Users, and neither Attentive Ears nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Website for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law. Attentive Ears and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Website by Users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Users of the Website. By using the Website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Attentive Ears or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Limitation of Liability.
In no event shall Attentive Ears be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website or Service, or use thereof.
Nothing contained in this Website or in any written or oral communications from Attentive Ears or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph. The content and functionality on the Website and the Services provided by employees of the Website are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Attentive Ears makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack.
You hereby acknowledge that your use of the Website and the service is at your sole risk. under no circumstances shall Attentive Ears, its officers, owners, employees or agents and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from use of, or inability to use, the Website or Service or the information contained therein, including without limitation for viruses alleged to have been obtained from the Website, even if Attentive Ears has been notified of the possibility of such damages or losses and regardless of the theory of liability.
To the greatest extent permitted by law, you agree that in no event will Attentive Ears have any liability, contingent or otherwise, for any indirect, special, incidental, consequential, or exemplary damages in any way arising out of or relating to the Agreement, Website or the Service, including, but not limited to lost profits; lost data; loss of goodwill; copyright, trademark, or other intellectual property infringement; work stoppage; equipment failure or malfunction; illegal, immoral or fraudulent activity; personal injury; property damage; or any other damages or losses, even if Attentive Ears has been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, statute, indemnity or otherwise) upon which such liability is based.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Attentive Ears and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Website or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of 10 Canadian dollars or the sum of any amount paid by the User to Attentive Ears during the six months prior to notice to Attentive Ears of the dispute for which the remedy is sought.
Indemnity by You.
You agree to indemnify and hold Attentive Ears, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
your use of the Service and/or Website in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Website, and/or your making available thereof to other users of the Website, and/or the actual use of Your Content by other Users of the Website or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
Medical
Attentive Ears is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific information or exercise on a medical condition.
You should understand that when participating in any service or program, there is the possibility of physical, mental, or emotional injury.
If you engage in any Service or program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Attentive Ears from any and all claims or causes of action, known or unknown.
Attentive Ears accepts no responsibility or liability whatsoever for the use or misuse of the information contained on this Website, including, but not limited to, articles, demonstrations, training, and related activities. We strongly advise that you seek professional advice as appropriate before making any health decision.
Attorney Fees.
In the event that Attentive Ears is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Attentive Ears’ attorneys’ fees and costs.
Parental or Guardian Permission.
Some of the Content on the Website may not be appropriate for young children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy, located at attentiveears.ca/privacy-policy
Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the provincial and federal courts of the Province of Ontario, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the Province of Ontario with the same force and effect as if such service had been made within the Province of Ontario. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Website and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the Arbitration Act, 1991 (Ontario) (the “Ontario Rules”) for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the Canadian Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the Province of Ontario. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the Province of Ontario.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Availability Outside Canada
If you access Attentive Ears from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Website from outside of Canada, you acknowledge that any personal information you provide will be processed in Canada and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.
Entire Agreement. This Agreement contains the entire agreement between you and Attentive Ears regarding the use of the Website and/or the Service.
Severability; Waiver.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Attentive Ears’ failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Attentive Ears’ ability to enforce such term at any point in the future.
Headings.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. If you have any questions or concerns about the terms of this agreement, please contact Attentive Ears.