Terms of use
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING MINDKIT WEBSITE OR ANY RELATED CONTENT.
You agree to the following terms by accessing or using this website
1. YOUR USE OF MINDKIT’S WEBSITE
Binding Agreement: By accessing MindKit’s website or services, (the “Website”) you agree that your access to and use of the Website and the Website’s content are subject to these terms and conditions (“Terms of Use”), any other notices, guidelines, policies and rules published by the Atlas Institute for Veterans and Families (“Atlas”), on the Website from time to time (each of which is incorporated into these Terms of Use by reference), and all applicable laws and regulations governing the Website.
These Terms of Use are a binding agreement between you and Atlas regarding the use of the Website. By using the Website, you acknowledge and signify that you have read, understood and agreed to the most current version of these Terms of Use. You also agree to be bound by MindKit’s Privacy Policy.
If you do not agree with these Terms, you should not use the Website or the Website’s content.
For the purposes of these Terms, “you” means any entity interacting with the Website or its content in any manner. If you are a parent, guardian, or other person who enables a person under 18 years of age (“child”) to access the Website, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against such a child.
2. AMENDMENTS
Atlas may amend or supplement these Terms of Use without notice to you. You may review the most current version of the Terms of Use at any time by visiting this page.
You should contact Atlas’ representative if you have any questions or concerns.
3. ATLAS CONTENT AND CONDITIONS OF USE OF THE WEBSITE
Atlas Content: In these Terms of Use: (a)“Content” means text (including notes, questions, comments and reviews), information, graphics, photographs, images, audio, video, and other materials and forms of data or communication; and (b)“Atlas Content” means made available by Atlas on or through the Website, including resources and other information available through other online platforms or printed material. Atlas Content is covered by the provisions of the Copyright Act, and relevant Canadian laws, policies, regulations, and international agreements. Copyright grants the sole and exclusive right to produce, reproduce, publish, adapt, and telecommunicate a work to the holder of the copyright, subject to some exceptions. In order to perform any of these actions, permission must be obtained from the individual copyright owner. Copyright subsists for all Atlas Content hosted on the Website.
Authorization To Use Website: The Website may be used only by individuals (natural persons) who are capable of forming a binding contract under applicable law. You may not use the Website if you do not unconditionally accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by Atlas.
Permitted/Prohibited Use: You will use MindKit’s Content for lawful purposes only, only in the manner purposefully made available by Atlas and subject to these Terms of Use and all applicable laws.
No Advice: Unless otherwise indicated, information on the Website has been posted for the purpose of making it readily available for personal and public non-commercial use. The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed, and Atlas Content is not intended to be professional advice or recommendations.
Reproduction: The Atlas Content may be reproduced for personal purposes, in whole or in part, without charge or further permission from MindKit, provided that MindKit is identified as the source of the material, the material is reproduced in full without any changes, no charges are made for the use of the Atlas Content, and any associated copyright or other proprietary notices are retained. If you wish to make a change to Atlas Content on this site for personal or commercial purposes, the written permission of the Atlas is required. Links hosted on the Website may be shared without charge or further permission from MindKit, provided that the link is not shared for commercial purposes. If any content retrieved from a link is reproduced, please reproduce the link as the source of the content.
No Exploitation: You will not exploit Atlas Content for any purpose (including copy, reproduce, publish, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute Atlas Content) without Atlas’ prior written consent in each instance.
To obtain written consent, please email an Atlas representative. A commercial purpose or use is use of material on this site by a commercial entity or by a non-profit entity for profit-making or other commercial purposes. Any permission request under these Terms of Use is considered on a case-by-case basis, and the granting of permission is at the sole discretion of Atlas.
No Ownership: You acknowledge that, as between you and Atlas, Atlas Content is solely owned by Atlas and its licensors and your use of Atlas Content does not transfer to you any right, title or interest in, to or associated with Atlas Content other than the limited, restricted right to use Atlas Content as expressly set out in this Section 3.
Linked Sites: For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from MindKit, and we do not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Atlas arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
4. ACCURACY OF INFORMATION AND SECURITY
Passwords: You understand and agree that you may not share your user name or password information for the Website with any other individual. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your account. You agree to: (a) immediately notify MindKit of any unauthorized use of your user name, password or account or any other breach of security, and (b) logout from your account at the end of each session. Atlas will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Errors, Changes: The Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning Atlas and its services. The Website might not be accurate, current or complete, and misprints, errors, inaccuracies, omissions or other errors might not be corrected. Atlas does not warrant that the Website (including Atlas Content) are accurate or complete. Atlas does not accept any liability for the Website (including Atlas Content). Atlas reserves the right to (a) correct any error, inaccuracy or omission in Atlas Content at any time without prior notice or liability to you or any other person; and (b) change the Website at any time without any notice or liability to you or any other. Atlas expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Website, to the fullest extent permissible under applicable law.
Accuracy of Information: You will ensure that all information you provide to Atlas, through the Website or otherwise, is true, accurate, current and complete. Atlas will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Atlas or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
Communications: You authorize Atlas to: (a) accept communications it receives from you by means of the Website or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Atlas’ affiliates; and (c) respond to your communications through the Website, by email or other means of communication as Atlas considers appropriate. Communications that you send to Atlas are not effective unless and until they are processed by the responsible Atlas representative. Atlas may refuse to process communications that you send to Atlas, or may reverse the processing of any communications that you send to Atlas, at any time in Atlas’ discretion and without any notice or liability to you or any other person, including if Atlas believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
Personal Information Privacy: By accepting these Terms of Use you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with MindKit’s Privacy Policy, as amended from time to time, and as otherwise permitted by applicable law.
Monitoring Use/Personal Information: The Website may contain technologies that monitor, record and report MindKit information regarding your use of the Website. Atlas may use that information for system administration and security purposes, to enforce these Terms of Use and as otherwise permitted by the Privacy Policy and / or applicable law. You consent to the collection, use, disclosure, and retention by Atlas of information regarding your use of the Website for those purposes and as otherwise permitted by applicable law.
Termination of access: Atlas may change, suspend or terminate your access to the Website effective immediately at any time and without any prior notice or liability to you or any other person.
5. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS
GENERAL DISCLAIMER: YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS, AND YOU USE THE WEBSITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ATLAS CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY ATLAS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, ATLAS DOES NOT REPRESENT OR WARRANT THAT ANY OF THE WEBSITE OR ATLAS CONTENT WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF ATLAS WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR PROMISE.
SPECIFIC ACKNOWLEDGEMENTS AND DISCLAIMERS: WITHOUT LIMITING SECTION 6, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE:
- ATLAS CONTENT: YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR, AND BEAR ALL RISKS AND LIABILITIES RELATED TO, YOUR SELECTION AND USE OF ATLAS CONTENT.
- TECHNOLOGY AND SECURITY: YOU ACKNOWLEDGE THAT THE WEBSITE MIGHT BE AFFECTED BY CIRCUMSTANCES BEYOND ATLAS’ CONTROL, MIGHT NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND IS SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ATLAS IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, FAILURES OR ANY DAMAGE, LOSS OR LIABILITY RESULTING FROM ANY OF THOSE PROBLEMS. YOU ACKNOWLEDGE THAT SECURITY MEASURES USED BY OR ON BEHALF OF ATLAS AND ITS SUBCONTRACTORS AND SERVICE PROVIDERS MIGHT NOT PROTECT THE WEBSITE AGAINST UNAUTHORIZED ACCESS, USE OR DISCLOSURE. ATLAS IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, THEFT OR DESTRUCTION OF, THE WEBSITE OR ANY DATA STORED OR PROCESSED ON THE WEBSITE, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
LIABILITY EXCLUSIONS: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ATLAS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO THESE TERMS OF USE, THE SUBJECT MATTER OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY AND STATUTORY LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY ATLAS, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE FOR THE LOSS, DAMAGE OR LIABILITY, EVEN IF ATLAS KNOWS OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF THE LOSS, DAMAGE OR LIABILITY BEING INCURRED, AND REGARDLESS OF WHETHER OR NOT THE LOSS, DAMAGE OR LIABILITY WAS FORESEEABLE.
EXCEPTIONS: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS OF USE MIGHT NOT APPLY TO YOU.
6. GENERAL MATTERS
Survival: Notwithstanding any other provision of these Terms of Use, each of Sections 3, 4, 5, and 6, and all other provisions necessary to the interpretation or enforcement of those sections, will survive the expiration or termination of these Terms of Use and will remain in full force and effect and be binding on you and Atlas as applicable.
Governing Law: These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to conflict of laws principles. To the full extent authorised under applicable law, you and Atlas hereby irrevocably attorn to the exclusive jurisdiction of the courts in the province of Ontario, Canada with respect to the resolution of any disputes hereunder.
Miscellaneous: You and Atlas are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment or other similar relationship between you and Atlas. Upon request by Atlas, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by Atlas to or of any breach by you of these Terms of Use will be effective unless the consent or waiver is confirmed in a document that is signed by Atlas or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Atlas’ rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Atlas may be lawfully entitled under these Terms of Use or at law, and Atlas will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use (as applicable) and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use (as applicable) would fail in their essential purpose. You may not assign these Terms of Use or any of your rights, licenses, duties or obligations under these Terms of Use. Atlas in its discretion may assign these Terms of Use and any or all of Atlas’ rights, licenses, duties and obligations under these Terms of Use. Atlas may engage subcontractors to perform Atlas’ obligations under these Terms of Use. The provisions of these Terms of Use will inure to the benefit of and be binding upon you and Atlas and your respective successors, permitted assigns and personal representatives.
Entire Agreement: These Terms of Use constitutes the entire agreement between you and Atlas regarding your use of the Website and related matters, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE WEBSITE.