Terms of Service

Last updated February 9th 2023

Welcome to the Montessori Alzheimer Center website! This page contains the Terms of Use, which explain what you can and can’t do on the website. By using the website, you agree to these terms. There is a lot information on this page and so we’ve included a plain English basic summary of the critical parts:

We cannot guarantee that the Site will always be available, and we may experience hardware, software, or other issues that may cause the Site to be interrupted, delayed, or error-ridden. We may alter, modify, or remove the contents of the Site at any time without notice. We have no obligation to update the Site, and we may modify or discontinue the Site at any time.

When you use the Site, you may send us information about yourself including but not limited to your name, address, and email address. We will use this information to provide you with the Site’s services. We may also use this information to send you emails about our services and other information we think you might find helpful. We will not be held responsible for any damages that you might suffer from using our site.

Please also see our Privacy Policy for more information.

If you have questions or concerns about anything on the Site, please contact us.

AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SUBMISSIONS
SITE MANAGEMENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CONTACT US

1. AGREEMENT TO TERMS

The Terms of Use agreement is a legally binding agreement between you, whether as an individual or on behalf of an entity, and the Montessori Alzheimer Center, referred to as “Company,” “we,” “us,” or “our.” By accessing the Site, which includes the https://montessori-alzheimer.ca/ website and any other media forms, media channels, mobile websites, or mobile applications connected to it, you are confirming that you have read, understood, and agreed to abide by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to use the Site and must stop using it immediately.

Incorporated into these Terms of Use are any supplemental terms and conditions or documents posted on the Site from time to time. The Company reserves the right to make changes or modifications to these Terms of Use at any time and for any reason. If changes are made, the “Last updated” date will be updated and you are deemed to have accepted the changes by continuing to use the Site after the revised Terms of Use have been posted.

The information on the Site is not meant to be distributed or used by individuals or entities in jurisdictions or countries where such distribution or use would violate laws or regulations, or where the Company would be required to register. If you access the Site from other locations, you do so at your own risk and are solely responsible for complying with local laws if applicable.

2. INTELLECTUAL PROPERTY RIGHTS

The Site and its contents, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and trademarks, are either owned by us or licensed to us. This property is protected by copyright, trademark laws, and intellectual property rights of the US, international copyright laws, and international conventions. These contents and trademarks are intended for your personal information and use only and may not be used for commercial purposes without our permission.

If eligible, you may access and use the Site with a limited license for your personal non-commercial use. Any rights not granted to you are reserved by us.

3. USER REPRESENTATIONS

When using the Site, you agree to the following:

You have the legal capacity to comply with these Terms of Use.
You are not a minor in your jurisdiction of residence.
You will not access the Site through automated means.
You will not use the Site for any illegal or unauthorized purpose.
Your use of the Site will comply with applicable laws and regulations.

Providing false information can result in suspension or termination of your account.

4. PROHIBITED ACTIVITIES

It is not allowed to access the Site for any purpose other than what we make it available for. The Site should not be used for any commercial use, except those that we have specifically endorsed or approved.

As a user of the Site, you agree to not:

Systematically extract data or other content from the Site to compile, create, or form a collection, compilation, database, or directory without obtaining written permission from us.
Try to trick, defraud, or deceive us and other users, especially in any attempt to discover sensitive account information such as passwords.
Circumvent, disable, or interfere with any security-related features of the Site, including features that restrict or prohibit the use or copying of any Content or enforce limits on the usage of the Site and/or the Content.
Act in a way that, in our opinion, disgraces, tarnishes, or otherwise harms us or the Site.
Employ any information obtained from the Site to harass, abuse, or injure another person.
Misuse our support services or make false reports of abuse or misconduct.
Use the Site in a way that goes against any laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that disrupts any party’s use and enjoyment of the Site or modifies, impairs, interferes with, or disrupts the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Take away the copyright or any other proprietary rights notice from any Content.
Attempt to act as another user or person or use another user’s username.
Upload or transmit (or attempt to upload or to transmit) any material that functions as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, irritate, intimidate, or threaten any of our employees or agents providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to restrict or prevent access to the Site, or any part of it.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decode, decompose, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, unless it is allowed by applicable regulations.
Make any unauthorized use of the Site, such as collecting usernames and/or email addresses of users electronically or via other means to send unwanted emails, or creating user accounts in an automated way or by providing false information.
Use a buying agent or purchasing agent to make purchases on the Site.
Employ the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

Aside from form submissions related to service delivery this website does not provide users with the ability to submit or post content. However, we may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This could include, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). These Contributions may be visible to other users of the Site and through third-party websites. As such, any Contributions you transmit will be treated in accordance with the Site Privacy Policy.

When you create or make available any Contributions, you must guarantee that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the above will result in, among other things, termination or suspension of your rights to use the Site.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and utilize any information and personal data that you provide in accordance with the Privacy Policy and your choices (including settings).

By submitting any suggestions or other feedback regarding the Site, you agree that we can use and share such feedback without any compensation to you.

You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions that you make in any area on the Site. You are solely responsible for your Contributions to the Site and you explicitly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our exclusive property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby guarantee that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. TERM AND TERMINATION

These Terms of Use will remain in effect while you use the Site. We reserve the right to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or no reason, without notice or liability, including for breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion.

Should we terminate or suspend your account for any reason, you are not allowed to register and create a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to alter, modify, or remove the contents of the Site at any time or for any reason in our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be interpreted to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

11. GOVERNING LAW

The laws of Canada shall be applicable to and define these Terms. Montessori Alzheimer Center and yourself hereby irrevocably agree that the courts of Canada shall have exclusive jurisdiction to settle any dispute that may arise in connection with these terms.

12. DISPUTE RESOLUTION

Binding Arbitration

Any disagreement that arises from or is related to this contract, including any question regarding its existence, validity or termination, shall be referred to and ultimately resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, as a result of referring to it, is considered as part of this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Cap Santé, QC. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Canada.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

14. DISCLAIMER

WE PROVIDE THE SITE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL NOT BE LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE INVOLVED IN OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

15. LIMITATIONS OF LIABILITY

WE AND OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. USER DATA MAINTENANCE

The Site will store data that you send to it for the purpose of managing its performance, as well as data related to your use of the Site. We regularly back up data, however, you are solely responsible for all data that you transmit or that is associated with any activity you have done using the Site. You agree that we shall not be held liable for any loss or damage to such data, and you hereby waive any right to take legal action against us due to any such loss or damage of data.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Site, sending emails, and completing online forms, you are engaging in electronic communications. You agree to receive electronic communications and acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, via email and on the Site, meet the legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, as well as to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

19. MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be interpreted as a waiver of such right or provision. These Terms of Use are valid to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be interpreted against us due to the fact that we drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

20. CONTACT US

If you have any queries or complaints about the Site, or would like more information about it, please contact us:

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