Terms of Use

Last updated: April 16, 2015

Please read these Terms of Use carefully, as they constitute a binding agreement (the “Agreement”) between you and Earth Day Canada (1991) Inc. (“Earth Day Canada”). In particular, this Agreement governs your use of www.earthday.ca, whether such use be over the Internet at www.earthday.ca (the “Web Site”) or by means of mobile or wireless access, and your use of any of Earth Day Canada’s services, software, information, text, graphics, photos or other material uploaded, downloaded or appearing as Earth Day Canada’s services provided through the Web Site or elsewhere (the “Service”). This Agreement exempts Earth Day Canada and other persons from liability or limits their liability and contains other important provisions that you should read. By using the Web Site (which may include but is not limited to visiting, accessing, uploading or sharing content, interacting with and browsing the Web Site), you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement and the terms of the Earth Day Canada Privacy Policy. If you do not agree with this Agreement and the terms and conditions contained herein, you may not use Earth Day Canada’s Service or Web Site.

Each time you use the Web Site, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site, you should check the date of this Agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference. The Web Site and the Service are always evolving and may be modified with reasonable notice. If you have any questions about this Agreement, the Web Site, the Service or Earth Day Canada, please email us at info@earthday.ca.

You must be age of majority to use this Web Site and agree to these Terms of Use without a parent/guardian consent. For participants under age of majority, please be sure to obtain your parent’s or guardian’s permission to use this Web Site. We encourage parents to get involved with their children’s online usage and to be aware of the activities in which they are participating.

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and Earth Day Canada, and governs your use of the Earth Day Canada Web Site and its content and the Services provided through the Web Site. Each time you use the Web Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer, without limitation or qualification, to be bound by this Agreement for using the Web Site, you agree to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site and Service.

2. CHANGES TO THIS AGREEMENT

You may not change, supplement, or amend this Agreement in any manner. However, Earth Day Canada may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, with reasonable notice and without liability to you or any other person. If Earth Day Canada makes material changes to this Agreement, Earth Day Canada will make reasonable efforts to notify you by posting an announcement on the Service or Web Site and/or by sending you an email. Material changes to this Agreement will be binding thirty (30) days after such changes have been introduced and for which notification of such material changes has been made.

You should check for revisions to this Agreement each time you access the Web Site. Your continued use of the Service or the Web Site following the posting of any changes to this Agreement constitutes acceptance of those changes.

3. PERMITTED USERS AND ACCESS

You represent and warrant that, if you are an individual, you are of legal age to form a binding contract, and that, if you are using the Web Site on behalf of an entity, you are authorized to enter into and bind such entity to this Agreement. You must be age of majority to use this Web Site and agree to these Terms of Use without the consent of a parent or guardian. For participants under the age of majority, please be sure to obtain your parent’s or guardian’s permission to use this Web Site. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

4. RULES AND CONDUCT

Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.

The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Earth Day Canada. You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.

The Web Site is made available to you for your lawful use only. You may access, browse, post, publish, link to/from or upload to the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with the Web Site creating any other undue burden on the Web Site. You understand that your ability to access and use the Web Site is dependent on your compliance with this Agreement. Breach of this Agreement and any of its provisions may result in restriction or termination of your ability to access and/or use the Web Site or Service.

You are responsible for all of your activity on the Web Site and in connection with the Service.

Contests

All contests run by Earth Day Canada shall be subject to rules and regulations specific to each contest and will be provided to potential contest participants. Unless otherwise specifically stated, residents of Quebec will not be eligible for contests and prizes associated therewith run by Earth Day Canada.

5. MISPRINTS AND ERRORS

Earth Day Canada endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Earth Day Canada reserves the right to change the services available through the Web Site at any time and from time to time without any notice or liability to you or any other person.

6. NO ADVICE OR SOLICITATION

The content of the Web Site does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.

7. BRAND, CONTENT AND TRADE-MARK INFORMATION

The Web Site contains content specifically provided by Earth Day Canada or its service providers, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the “Earth Day Canada Parties”), and such content is protected by Canadian and international copyright, trade-mark, and other laws.

Earth Day Canada and the Earth Day Canada logo are registered and unregistered trademarks and trade names owned by Earth Day Canada. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.

Any use, including reproduction, of the trade-names, trade-marks, service-marks and logos displayed on the Web Site (collectively, the “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.

8. PRIVACY

All information you provide to Earth Day Canada is subject to its Privacy Policy. Earth Day Canada’s Privacy Policy governs the collection, use and disclosure of personally identifiable information and constitutes, with this Agreement, a binding agreement between you and Earth Day Canada as regards your use of the Web Site and Service.

DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

Earth Day Canada strives to make your use of the Web Site a useful experience. Nevertheless, Earth Day Canada and the Earth Day Canada Parties do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

THROUGH OR BECAUSE OF YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN EARTH DAY CANADA. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. EARTH DAY CANADA IS NOT A PARTY TO ANY SUCH COMMUNICATIONS AND TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS AND TRANSACTIONS. TO THE EXTENT THAT YOU CHOOSE TO PARTAKE IN SUCH COMMUNICATIONS AND TRANSACTIONS, EARTH DAY CANADA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND RELATED THERETO, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU (AND NOT EARTH DAY CANADA OR THE EARTH DAY CANADA PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.

THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND EARTH DAY CANADA’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.

EARTH DAY CANADA IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR LOGIN NAME OR PASSWORD NOR TO ALLOW ANYONE TO USE THE WEB SITE POSING AS YOU.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

  • THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
  • THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
  • THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
  • PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
  • THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
  • THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;

AND EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION

EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EARTH DAY CANADA OR ANY OF THE EARTH DAY CANADA PARTIES OR ANY PERSON FOR WHOM EARTH DAY CANADA OR ANY OF THE EARTH DAY CANADA PARTIES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT EARTH DAY CANADA OR THE EARTH DAY CANADA PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

LIMITATION OF LIABILITY

IN NO EVENT WILL EARTH DAY CANADA’S OR ANY OF THE EARTH DAY CANADA PARTIES’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EARTH DAY CANADA OR ANY PERSON FOR WHOM EARTH DAY CANADA IS RESPONSIBLE, EXCEED $ 50.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, 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 YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY EARTH DAY CANADA AND THE EARTH DAY CANADA PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEB SITE.

ADVICE AND INFORMATION PROVIDED BY EARTH DAY CANADA OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.

9. BREACH OF THIS AGREEMENT AND THE WEB SITE

If you breach any provision of this Agreement, you may no longer use the Web Site and Service.

Earth Day Canada may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.

Earth Day Canada may at any time and for any reason, with or without cause, with or without notice or liability to you or any other person, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your login name and password.

If this Agreement or your permission to use the Web Site or Service is terminated by you or Earth Day Canada for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your engagement of the services of Earth Day Canada through the Web Site and anything connected with, relating to or arising from those matters.

10. OTHER SITES

The Web Site may include links to other web sites, advertisements or resources and businesses operated by other persons (“Other Sites”). Other Sites are independent from Earth Day Canada, and Earth Day Canada has no responsibility or liability with respect to, or control over, Other Sites, their businesses, goods, services, or content.

Earth Day Canada does not sponsor or endorse any Other Sites or their content or the services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Earth Day Canada arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Earth Day Canada, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

11. LINKING AND FRAMING THE WEB SITE

Links to the Web Site without the express written permission of Earth Day Canada are strictly prohibited. To request permission to link to the Web Site, please contact Earth Day Canada. Earth Day Canada reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

12. POSTINGS AND UNSOLICITED SUBMISSIONS

Earth Day Canada does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product website enhancements, processes, or marketing plans. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (collectively “Submissions”) to Earth Day Canada or the Web Site. However, if you do send Submissions to Earth Day Canada or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to Earth Day Canada and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable, right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Earth Day Canada or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Earth Day Canada and its assigns.

13. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario, and the federal laws of Canada, applicable therein, to the exclusion of rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between Earth Day Canada and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

14. OTHER MATTERS

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this Agreement will enure to the benefit of and be binding upon each of Earth Day Canada and the Earth Day Canada Parties and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Earth Day Canada, which may be withheld in Earth Day Canada’s sole discretion. Earth Day Canada may assign this Agreement and its rights and obligations under this Agreement without your consent and without notice to you.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Earth Day Canada are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

Any rights not expressly granted by this Agreement are reserved to Earth Day Canada.