Terms of Use & Privacy Policy
Terms & Conditions For Use
of
OvercomeBullying.org
The use of this web site constitutes agreement with the
following terms and conditions:
(a) The owner of this site ("OvercomeBullying.org")
maintains this web site (the “Site”) as a courtesy
to those who may choose to access the Site (“Users”).
The information presented herein is for informative purposes
only. OvercomeBullying.org grants permission to Users
to visit the Site and to download and copy the information,
documents and materials (collectively, “Materials”)
from the Site for the User’s personal, non-commercial
use, without any right to resell or redistribute them or to
compile or create derivative works there from, subject to the
terms and conditions outlined below, and also subject to more
specific restrictions that may apply to specific Material within
this Site.
(b) The reproduction, duplication, distribution (including
by way of email, facsimile or other electronic means),
publication, modification, copying or transmission
of material from this Site is strictly prohibited
unless you have obtained the prior written consent
of OvercomeBullying.org or unless it is expressly
permitted by this Site. The material covered by
this prohibition includes, without limitation, any
text, graphics, logos, photographs, audio or video
material or stills from audiovisual material available
on this Site. The use of materials from this Site
on any other Web site or networked computer environment
is similarly prohibited. Requests for permission
to reproduce or distribute materials found on this
Site can be made by contacting
OvercomeBullying.org in writing.
(c) OvercomeBullying.org administers this Site. All
Material on this Site from OvercomeBullying.org appears
subject to the present Terms and Conditions.
Limitation of Liability/Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OvercomeBullying.org
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF OvercomeBullying.org HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE OvercomeBullying.org
SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE OvercomeBullying.org SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OvercomeBullying.org
SITE; OR (v) ANY OTHER MATTER RELATING TO THE OvercomeBullying.org
SITE. YOU EXPRESSLY ACKNOWLEDGE THAT OvercomeBullying.org
HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE OvercomeBullying.org
SITE AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS
AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE
TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS
OF THE BARGAIN BETWEEN YOU AND OvercomeBullying.org.
YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY
AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL
SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH
OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE
FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
Materials provided on this Site are provided “as is”,
without warranty of any kind, either express or implied, including,
without limitation, warranties of merchantability, fitness for
a particular purpose and non-infringement.
OvercomeBullying.org specifically does not make any
warranties or representations as to the accuracy or completeness
of any such Materials. OvercomeBullying.org periodically
adds, changes, improves or updates the Materials on this Site
without notice. Under no circumstances shall OvercomeBullying.org
be liable for any loss, damage, liability or expense incurred
or suffered that is claimed to have resulted from the use of this
Site, including, without limitation, any fault, error, omission,
interruption or delay with respect thereto. The use of this Site
is at the User’s sole risk. Under no circumstances, including
but not limited to negligence, shall OvercomeBullying.org
be liable for any direct, indirect, incidental, special or consequential
damages, even if OvercomeBullying.org has been advised
of the possibility of such damages.
The User specifically acknowledges and agrees that OvercomeBullying.org
is not liable for any conduct of any User.
This site may contain advice, opinions and statements of various
authors. OvercomeBullying.org does not represent or
endorse the accuracy or reliability of any advice, opinion, statement
or other information provided by any information provider, any
User of this Site or any other person or entity. Reliance upon
any such advice, opinion, statement, or other information shall
also be at the User’s own risk. OvercomeBullying.org
shall not be liable to any User or anyone else for any inaccuracy,
error, omission, interruption, deletion, defect, alteration of
or use of any content herein, or for its timeliness or completeness,
nor shall they be liable for any failure of performance, computer
virus or communication line failure, regardless of cause, or for
any damages resulting therefrom.
As a condition of use of this Site, the User agrees to indemnify
OvercomeBullying.org from and against any and all actions,
claims, losses, damages, liabilities and expenses (including reasonable
attorneys’ fees) arising out of the User’s use of
this Site, including, without limitation, any claims alleging
facts that if true would constitute a breach by the User of these
Terms and Conditions. If the User is dissatisfied with
any Material on this Site or with any of its Terms and Conditions
of Use, the User’s sole and exclusive remedy is to discontinue
using the Site.
This Site may contain links and references to third-party web
sites. The linked sites are not under the control of OvercomeBullying.org,
and OvercomeBullying.org is not responsible for the
content of any linked site or any link contained in a linked site.
OvercomeBullying.org provides these links only as a
convenience, and the inclusion of a link or reference does not
imply the endorsement of the linked site by OvercomeBullying.org.
Professional Information Disclaimer
The OvercomeBullying.org Site may make available certain
information provided by third parties related to various professional
fields such as, without limitation, medicine and other health
and fitness related matters, law and financial planning (the "Professional
Information"). The Professional Information is provided for
educational and entertainment purposes only and should not be
interpreted as a recommendation for a specific treatment plan,
product or course of action. Use of the OvercomeBullying.org
Site does not replace consultations with a qualified medical,
legal, financial or other relevant professional. In addition,
while the Professional Information is frequently updated, this
information changes rapidly and therefore, some of the Professional
Information may be out of date. You agree that all risk associated
with the use of, or reliance on, any of the Professional Information
rests with you. You further agree that OvercomeBullying.org,
including its suppliers, shall not be responsible or liable, directly
or indirectly, in any way for any loss or damage of any kind incurred
as a result of, or in connection with your use of, or reliance
on, any such Professional Information.
Medical/Health Information Disclaimer
The Professional Information may contain health-related
and medical-related information (including any facts,
views, opinions, recommendations, descriptions of,
or references to, products, services and medications).
Such health-related and medical-related information
made available by OvercomeBullying.org is: (a) for
informational purposes only; (b) not to be used or
construed as a substitute for professional medical
advice, diagnosis, or treatment; (c) not intended
as a recommendation or endorsement of any specific
tests, products, procedures, opinions or any other
information. Reliance on any health-related or medical-related
Professional Information on, or accessible through,
the OvercomeBullying.org Site is solely at your own
risk. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR
OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS
YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER
DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN
SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE
OvercomeBullying.org SITE.
User Submissions
You acknowledge and agree that any suggestions, ideas, graphics,
opinions (including without limitation, reviews) or
other information submitted or otherwise communicated
by you to us through the Website (collectively, the
"Submission") become the property of OvercomeBullying.org,
including all copyrights and other intellectual property
rights therein, and OvercomeBullying.org will be entitled
to use each Submission for any commercial or other
purpose whatsoever without compensation or other accounting
to you or any other person sending the Submission.
You assign to OvercomeBullying.org, and waive in favor
of OvercomeBullying.org, any and all present and future
rights, including but not limited to, moral rights,
in such Submission. You will continue to be responsible
for the substance of the Submission including, without
limitation, any indemnification obligations related
to such Submission. OvercomeBullying.org will not
be required to treat any Submission as confidential
and will not incur any liability as a result of any
similarities that may appear in future OvercomeBullying.org
operations. You acknowledge and agree that all or
any portion of the Submission may be used, edited,
reproduced, published, translated, sublicensed, copied
and distributed and/or incorporated into other works
in any form, media, or technology now known or hereafter
developed, without compensation or accounting of any
kind. By submitting any Submission, you represent
and warrant that you have the full right and authority
to submit such Submission, and that none of such Submission
is subject to any copyright or other proprietary right
of a third party or is in any respect illegal or in
violation of any law. OvercomeBullying.org reserves
the right to review, edit, or remove any Submission
that OvercomeBullying.org deems, in its sole discretion,
to be inappropriate, illegal or offensive for the
Website, for any reason whatsoever.
When submitting your personal experiences we ask
that you do not use the real names of companies or
individuals. We reserve the right to edit submissions
made to OvercomeBullying.org to ensure standards of
confidentiality and fairness are upheld.
Governing Law/Jurisdictional Issues
OvercomeBullying.org is controlled, operated and administered
within Canada. OvercomeBullying.org makes no representation
or warranty that the OvercomeBullying.org Site is appropriate
or available for use at any locations outside Canada. If you access
the OvercomeBullying.org Site from outside Canada, you
are responsible for compliance with all applicable laws. You may
not export any of the Content accessible through the OvercomeBullying.org
Site in violation of applicable export laws and regulations. These
Terms and Conditions shall be interpreted, construed and governed
by the laws in force in the Province of Alberta, and the federal
laws of Canada applicable therein, without reference to its conflict
of laws principles. Each party hereby agrees to submit to the
jurisdiction of the courts of the Province of Alberta and the
Federal Courts situate therein, and to waive any objections based
upon venue. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to these Terms and
Conditions.
General
OvercomeBullying.org reserves its exclusive right in
its sole discretion to alter, limit or discontinue the Site or
any Materials in any respect. OvercomeBullying.org shall
have no obligation to take the needs of any User into consideration
in connection therewith.
OvercomeBullying.org reserves the right to deny in
its sole discretion any user access to this Site or any portion
thereof without notice.
No waiver by OvercomeBullying.org of any provision of
these Terms and Conditions shall be binding except as set forth
in writing and signed by its duly authorized representative.
These Terms and Conditions constitute the entire agreement between
OvercomeBullying.org and you pertaining to your use
of the OvercomeBullying.org Site and, except as specifically
set forth herein, supersede any prior agreements between you and
OvercomeBullying.org relating to the OvercomeBullying.org
Site. OvercomeBullying.org may assign these Terms and
Conditions, in whole or in part, at any time. OvercomeBullying.org's
failure to insist upon or enforce strict performance of any right
or provision of the Terms and Conditions shall not constitute
or be construed as a waiver of any right or provision. If any
of the provisions (or parts thereof) contained in the Terms and
Conditions are determined to be void, invalid or otherwise unenforceable
by a court of competent jurisdiction, such determination shall
not affect the remaining provisions (or parts thereof) contained
herein.
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Privacy Policy
We recognize that your privacy is important. This
document outlines the types of personal information
we receive and collect when you use OvercomeBullying.org,
as well as some of the steps we take to safeguard
information. We hope this will help you make an informed
decision about sharing personal information with us.
OvercomeBullying.org strives to maintain the highest
standards of decency, fairness and integrity in all
our operations. Likewise, we are dedicated to protecting
our customers', consumers' and online visitors' privacy
on our website.
Personal Information
OvercomeBullying.org collects personally identifiable
information from the visitors to our website only
on a voluntary basis. Personal information collected
on a voluntary basis may include name, postal address,
email address, company name and telephone number.
This information is collected if you request information
from us, participate in a contest or sweepstakes,
and sign up to join our email list or request some
other service or information from us. The information
collected is internally reviewed, used to improve
the content of our website, notify our visitors of
updates, and respond to visitor inquiries.
Once information is reviewed, it is discarded or
stored in our files. If we make material changes in
the collection of personally identifiable information
we will inform you by placing a notice on our site.
Personal information received from any visitor will
be used only for internal purposes and will not be
sold or provided to third parties.
Use of Cookies and Web Beacons
We may use cookies to help you personalize your online
experience. Cookies are identifiers that are transferred
to your computer's hard drive through your Web browser
to enable our systems to recognize your browser. The
purpose of a cookie is to tell the Web server that
you have returned to a specific page. For example,
if you personalize the sites pages, or register with
any of our site's services, a cookie enables OvercomeBullying.org
to recall your specific information on subsequent
visits.
You have the ability to accept or decline cookies
by modifying your Web browser; however, if you choose
to decline cookies, you may not be able to fully experience
the interactive features of the site.
A web beacon is a transparent image file used to
monitor your journey around a single website or collection
of sites. They are also referred to as web bugs and
are commonly used by sites that hire third-party services
to monitor traffic. They may be used in association
with cookies to understand how visitors interact with
the pages and content on the pages of a web site.
We may serve third party advertisements that use
cookies and web beacons in the course of ads being
served on our web site to ascertain how many times
you've seen an advertisement. No personally identifiable
information you give us is provided to them for cookie
or web beacon use, so they cannot personally identify
you with that information on our web site.
Browsers can be set to accept or reject cookies or
notify you when a cookie is being sent. Privacy software
can be used to override web beacons. Taking either
of these actions shouldn't cause a problem with our
site, should you so choose.
Children's Online Privacy Protection Act
This website is directed to adults; it is not directed
to children under the age of 13. We operate our site
in compliance with the Children's Online Privacy Protection
Act, and will not knowingly collect or use personal
information from anyone under 13 years of age.
Non-Personal Information
In some cases, we may collect information about you
that is not personally identifiable. We use this information,
which does not identify individual users, to analyze
trends, to administer the site, to track users' movements
around the site and to gather demographic information
about our user base as a whole.
The information collected is used solely for internal
review and not shared with other organizations for
commercial purposes.
Release of Information
If OvercomeBullying.org is sold, the information
we have obtained from you through your voluntary participation
in our site may transfer to the new owner as a part
of the sale in order that the service being provided
to you may continue. In that event, you will receive
notice through our website of that change in control
and practices, and we will make reasonable efforts
to ensure that the purchaser honors any opt-out requests
you might make of us.
How You Can Correct or Remove Information
We provide this privacy policy as a statement to
you of our commitment to protect your personal information.
If you have submitted personal information through
our website and would like that information deleted
from our records or would like to update or correct
that information, please click on this link and use
our Contact
Us page.
Email
We appreciate your emails and take your privacy very
seriously. We will take all reasonable precautions
to protect your privacy. We will never give out, lend
or sell your contact information or email address
to any third party except as required by a duly authorized
law enforcement agency.
Links
This web site contains links to other sites. We are
not responsible for the privacy or security practices
of those sites.
Updates and Effective Date
OvercomeBullying.org reserves the right to make changes
in this policy. If there is a material change in our
privacy practices, we will indicate on our site that
our privacy practices have changed and provide a link
to the new privacy policy. We encourage you to periodically
review this policy so that you will know what information
we collect and how we use it.
Agreeing to Terms
If you do not agree to OvercomeBullying.org's Privacy
Policy as posted here on this website, please do not
use this site or any services offered by this site.
Your use of this site indicates acceptance
of this privacy policy.
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