Terms of Use

Last Updated: October 1, 2018

The Family Support Institute of BC (the “Family Support Institute”) owns and operates this website, mybookletBC.com.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING MYBOOKLETBC.COM.

THESE TERMS OF USE CONTAIN IMPORTANT PROVISIONS, INCLUDING EXCLUSIONS AND LIMITATIONS OF LIABILITY.

BY USING MYBOOKLETBC.COM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF USE.

Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and the Family Support Institute regarding your access to and use of www.mybookletBC.com (the “Website”). Each time you access or use the Website, you signify your acceptance and agreement to the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use the Website.

Any reference to the “Website” includes all information and content available on or through the Website (including all text, graphics, images, arrangements, look, feel and other elements), any part or page of the Website, and the Website as a whole.

Changes

The Family Support Institute may change these Terms of Use at any time without prior notice. It is your responsibility to check when these Terms of Use were “Last Updated”. By using the Website after these Terms of Use have changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change these Terms of Use.

Permissible Users

You may not use the Website if you breach these Terms of Use, or if your permission to use the Website has been suspended or terminated by the Family Support Institute.

No Advice

The Website is for convenience only. The Website provides online tools and tips for you to set up an account and create a booklet. The Website is not intended to provide, and should not be construed or interpreted as providing, professional advice or recommendations.

Personal Information

By using the Website, you consent to the collection, use, and retention of your personal information in accordance with the Privacy Statement (https://mybookletbc.com/privacy) and as otherwise permitted by applicable law.

Permitted Use

You may use the Website solely for your lawful, educational, non-commercial purposes, in the manner permitted by the Website, and subject to these Terms of Use and applicable laws. Use of the Website for any other purpose, or in any other manner, is strictly prohibited. You are solely responsible and liable for ensuring that your access to and use of the Website complies these Terms of Use and applicable laws.

You may not copy, reproduce, imitate, republish, translate, upload, post, publicly display, modify, index, catalogue, mirror or distribute the Website in any way without the prior written consent of the Family Support Institute.

User IDs and Passwords

There are certain areas of the Website that may only be accessible to individuals who have set up an account with a user ID and password (collectively the “Codes”).

The Family Support Institute is not obligated to verify the actual identity or authority of any person using Codes to access and use the Website. The Family Support Institute may act upon any communication that is made with reference to a valid user ID. The Family Support Institute may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website, or refuse to accept or act upon any communication if the Family Support Institute is not satisfied with such proof.

If you have an account through the Website, you are fully responsible and liable for the security of the Codes and any use or misuse of the Codes; you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; you will ensure that all uses of the Codes comply with the Terms of Use; once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and you will immediately notify the Family Support Institute 604.540.8374 ext. 524 if you know or suspect that any of the Codes have been lost or stolen or become known to or used by any other person.

Ownership of Website

The Website (including all text, graphics, interfaces, images, artwork, designs, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the Website as a whole), and all related proprietary rights (including copyright), are owned by the Family Support Institute and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content. The Family Support Institute expressly reserves all rights not expressly granted by these Terms of Use.

Trademarks

MybookletBC.com and related logos are registered or unregistered trademarks and service marks owned or licensed by the Family Support Institute. Any use of the registered or unregistered trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting any licence or right to use any of those registered or unregistered trademarks, service marks or trade names.

Linked Sites

For your convenience only, the Website may provide links or references to other Internet sites or resources operated by other persons (collectively “Linked Sites”). Activating a link may cause your browser to connect with the Linked Site. Linked Sites are independent from the Website and may have different terms of use and privacy policies. The Family Support Institute does not have any responsibility or liability for, or control over, any Linked Sites, or any information, goods, services or content available on or through a Linked Site, or the collection of your personal information by any Linked Site. Using a Linked Sites is at your own risk, and you will not make any claim against the Family Support Institute for any loss or damage whatsoever arising from, connected with, or relating to your use of any Linked Sites, or your dealings with the owners or operators of any Linked Sites.

Prohibited Activities

You will not: (a) use the Website in any manner, or for any purpose except as permitted by these Terms of Use; (b) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website, or any related computer system, network or data; or (c) gain unauthorized access to any part of the Website, or any related system, network, service or data, by hacking, password mining, or any other means.

Indexing, crawling, cataloguing, framing, mirroring, downloading, storing, caching, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, crawlers, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. The Family Support Institute may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

Disclaimer

THE FAMILY SUPPORT INSTITUTE DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE OR ANY BOOKLET CREATED USING THE WEBSITE. YOUR USE OF THE WEBSITE AND ANY BOOKLET YOU CREATE USING THE WEBSITE IS AT YOUR OWN RISK.

THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY REPRESENTATIONS RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, ERRORS, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, OR UNINTERRUPTED SERVICE; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY THE FAMILY SUPPORT INSTITUTE TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE FAMILY SUPPORT INSTITUTE IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM ANY OF THOSE PROBLEMS.

Liability Exclusions/Limitations

IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE FAMILY SUPPORT INSTITUTE BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY DAMAGE, LOSS, OR EXPENSE (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES) ARISING FROM THE WEBSITE, OR ANY RELATED MATTER (INCLUDING THE BOOKLET), UNDER ANY THEORY OF LAW, REGARDLESS OF ANY NEGLIGENCE, FAULT, OR WRONGDOING, BY OR ON BEHALF OF THE FAMILY SUPPORT INSTITUTE.

THIS EXCLUSION OF LIABILITY, DAMAGES, LOSS, AND EXPENSE APPLIES EVEN IF OTHER REMEDIES ARE NOT AVAILABLE, OR DO NOT ADEQUATELY COMPENSATE FOR THE DAMAGE, LOSS OR EXPENSE. IN THIS SECTION, “FAMILY SUPPORT INSTITUTE” MEANS THE FAMILY SUPPORT INSTITUTE OF BC AND EACH OF ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FAMILY SUPPORT INSTITUTE, AND EACH SERVICE PROVIDER, AND ALL OF OUR OR THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE IMPROPER USE OF THIS WEBSITE OR BOOKLET BY YOU OR YOUR BREACH OF THESE TERMS OF USE. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.

Changes to Websites / Termination of Use

If you breach these Terms of Use, you may no longer use the Website.

Notwithstanding any other provision of these Terms of Use, the Family Support Institute may in its discretion and for its sole convenience: (a) change, discontinue, modify, restrict, suspend or terminate the Website at any time; and (b) immediately suspend or terminate your permission to access and use the Website at any time without liability to you or any other person.

If your permission to use the Website is terminated, then these Terms of Use will continue to apply and be binding upon you in respect of your prior use of the Website.

Governing Law and Disputes

These Terms of Use, your use of the Website, and all related matters are and will be governed by the laws of the Province of British Columbia, Canada, and applicable federal laws of Canada.

All disputes arising from these Terms of Use, your use of the Website, or any related matter, will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver. You hereby irrevocably submit and attorn to the jurisdiction of the Supreme Court of British Columbia in respect of all disputes. The Family Support Institute may in its discretion commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use and protect the Family Support Institute’s rights.

Other Matters

No consent or waiver by the Family Support Institute to or of any breach of these Terms of Use by you will be effective unless in writing and signed by the Family Support Institute. The Family Support Institute’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which the Family Support Institute may be lawfully entitled. The provisions of these Terms of Use will continue to the benefit of, and be binding upon, you, the Family Support Institute, and your successors and permitted assigns. If any provision of these Terms of Use is held by a court to be invalid or unenforceable, then the provision will be deemed severed and the remaining provisions will continue in full force and effect unless, as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without the Family Support Institute’s prior written consent. The Family Support Institute may without your consent, assign these Terms of Use or any of the Family Support Institute’s rights, duties or obligations under these Terms of Use.

In these Terms of Use: a reference to “Terms of Use” and other similar terms refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; “persons” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; words importing the singular number only include the plural and vice versa; words importing a gender include both genders; “including” and “includes” mean including or includes (as applicable) without limitation or restriction; “law” includes common law, equity, statutes, and regulations; and “discretion” used with respect to a party mean that party’s sole, absolute and unfettered discretion.

These Terms of Use set forth the entire agreement between you and the Family Support Institute regarding your use of the Website. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and the Family Support Institute regarding the Website.

You and the Family Support Institute have each expressly requested and required that these Terms of Use be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

If you have any questions or comments regarding these Terms of Use, please contact the Family Support Institute by email to fsi@fsibc.com.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE.

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