Abilities.ca (the “Abilities Website”, “or “Website”) is owned and operated by The Canadian Abilities Foundation. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”), which together with our Privacy Policy govern The Canadian Abilities Foundation’s relationship with you in relation to this website, and related services, features, content, or applications we offer (“Services”).

1.    Acceptance of Terms
By registering and/or using Abilities Website in any manner, including but not limited to downloading and using the Abilities’ Windows 8 Application, as well as its resources, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on or within Abilities, each of which is incorporated by reference and each of which may be updated from time to time. These Terms of Use apply to all users of Abilities, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

2.    Use and Restrictions
The Services are provided solely as a convenience for your use. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or sustainability of the information and material found or offered on our Services for any particular purpose. You may use the Services in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree to use the Services in your sole discretion. We, without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Services. Any comments, messages, information, or otherwise made available on our Website such as thorough Facebook and Twitter, are considered “User Content”. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sub-licenable, worldwide license to use, display, reproduce, modify, re-arrange, and distribute your User Content.

3.    Copyright & Privacy Policy
The Services are the sole property of The Canadian Abilities Foundation and/or it licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or within The Canadian Abilities Foundation’s explicit written consent.

Please refer to our Privacy Policy for privacy information pertaining to our Services, including uses of Links and Third Parties.

4.    Submission
The Abilities Services permits the submission of comments, messages, information, photos, or other content by you and other users. You understand that whether or not such User Content are published, The Canadian Abilities Foundation does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own submission data and the consequences of posting or publishing them. In connection with your submission, you affirm, represent, and/or warrant that you own or have the necessary license, rights, consents, and permissions to use and authorize our Services to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the submitted data in the manner contemplated by these Terms of Use.

The Canadian Abilities Foundation does not endorse any user submission information or any opinion, recommendation, or advice expressed therein, and The Canadian Abilities Foundation expressly disclaims any and all liability in connection with user submission.

5.    Modifications
Anything offered or posted thorough our Services are subject to modification or discontinuation at any time and from time to time without notice or obligation to you.

6.    Limitation of Liability
YOU ACKNOWLEGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT, AND USER CONTENT REMTAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE CANADIAN ABILITIES FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGE, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WIHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMMMISIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSATANDING ANY FAILTURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7.    General Information
These terms constitute the entire agreement between you and The Canadian Abilities Foundation and govern your use of our Services. These terms shall be governed by, construed and enforced in accordance with the laws of the province of Ontario, Canada, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by an appropriate federal or provincial court sitting in the province of Ontario, Canada.

To contact us with any questions or concerns in connection with these Terms of Use please email us at info@abilities.ca

Effective date January 11, 2013