1. Acceptance of Terms

The FLEX YOUR HEAD Site is provided by Boys and Girls Clubs of Canada. We provide this Site to you, subject to the following Terms of Service ("TOS"), including the Site’s privacy policy (the "Privacy Policy"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.bgccflex.ca/terms-of-service. In addition, when using the FLEX YOUR HEAD Site or materials, you shall be subject to all guidelines or rules applicable and/or which may be updated from time to time. All such guidelines or rules (including but not limited to the Privacy Policy and any notices included in the materials) are hereby incorporated by reference into the TOS. If you do not agree to the TOS or the Privacy Policy, please do not access the Site. Your continued access to and use of this Site after we post or amend the Site’s TOS and/or Privacy Policy will mean that you agree with the TOS and Privacy Policy as amended. Please check this Site periodically for amendments to the TOS and Privacy Policy.

If you are under the age of majority, "you" and "your" includes your parent(s) and/or legal guardian(s). "We" and "us" refers to Boys and Girls Clubs of Canada, and its local clubs.

2. Description of Service

We currently provide users with access to a rich collection of resources, information, and materials through this Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Site, including the release of new FLEX YOUR HEAD materials, activities and/or and Site features, shall be subject to the TOS.

We hope you enjoy the Site and the FLEX YOUR HEAD materials and program. If we decide to shut down the Site or its user accounts as a whole, or make material changes as a whole to the Site, we may opt to notify the user community by posting a notice on this Site at least thirty (30) days in advance, subject to the following sentence and paragraph 13 of these TOS. No advance notice will be given if we determine in our sole discretion that such changes or shut downs should be made without notice or on less than thirty (30) days’ notice. You will not receive any individual notice, so please check this Site from time to time for updates to the Site, these TOS and/or the Privacy Policy.

3. Registration and Eligibility

The FLEX YOUR HEAD Site is intended to be accessed only by registered users, including current members, staff or authorized representatives in good standing of Boys and Girls Clubs of Canada and/or or one of its Local Clubs. The Site will initially only be available to members, staff and representatives of Boys and Girls Clubs of Canada and/or their Local Clubs. Once we have opened Site registration to non-members of Boys and Girls Clubs of Canada, members of the public will be welcome to register also, if they meet the eligibility criteria set out in these TOS and comply with these TOS and all applicable Site policies.

This Site is intended for use by legal Canadian residents only, excluding residents of the province of Quebec under thirteen (13) years of age. This site is not intended for residents of Quebec under thirteen (13) years of age. If you are not a legal resident of Canada, or if you are from Quebec and under thirteen (13) years of age, please exit this Site. For legal residents of Canada (excluding the residents of the province of Quebec under thirteen (13) years of age): You must be at least of the age of majority in your province or territory of residence, or if you are under the age of majority you must have your parent’s or legal guardian’s consent to access or register an account with, or to use, the Site. Proof of identification and parental consent must be provided upon request. If a parent or legal guardian does not provide consent, or if proof of identification cannot be obtained we reserve the right to restrict your access to or participation on the Site, and/or to suspend or delete your account. If you are under thirteen (13) years of age, as part of the registration process we require the express consent of your parent or legal guardian for us to collect your personal information for registration purposes and for you to use and to participate on the Site as a registered user. If we have not received your parent or legal guardian’s signed Parental Consent Form within one (1) week of submitting your registration, we will delete your registration and the personal information you have submitted with your registration request (unless otherwise required in order to comply with laws, regulations or court orders).

FOR MINORS: PLEASE ASK A PARENT BEFORE USING THIS SITE OR REGISTERING AN ACCOUNT WITH THE SITE.

Only authorized staff or volunteers authorized by the Club Executive Director (each a "Local Club Representative")of Boys and Girls Clubs of Canada local clubs (each a "Local Club") may register a Local Club user account and/or create or maintain any Local Club page or content on the Site as a representative and on behalf of the Local Club, any such account, page or content being subject to the approval and/or directions of Boys and Girls Clubs of Canada. We reserve the right to require proof of identification and confirmation of the representative’s good standing and authority with the Local Club in order to register and/or maintain a Local Club’s user account, page or content, if any. See section 7 of these TOS, and our Privacy Policy, for more information about guidelines for Local Club Representatives.

4. Your obligations as a user of the Site

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5. Member account, password, and security

You select a username and password upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

This Site is provided to you by Boys and Girls of Canada and is intended to be used in a safe and enjoyable way. Please do not use this site except for its intended purpose. For example, but not limited to these acts, users must not:

• Attempt to circumvent the security systems of the Site
• Attempt to use or gain access to the Site in a fraudulent manner
• Attempt to gain access to any other user’s accounts
• Attempt to ascertain any other user’s password and/or personal information that they have not intentionally chosen to disclose publicly
• Attempt to use the Site for any purposes other than those intended by us in our sole discretion
• Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Boys and Girls Clubs of Canada and its Local Clubs cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. We reserve the right to remove any user from the Site and/or freeze his or her account if that user contravenes any provision of these TOS, including but not limited to this section 5.

6. User Conduct

Under no circumstances will Boys and Girls Clubs of Canada or its Local Clubs, or their staff, volunteers or representatives be liable in any way for any information, materials, services or activities made available via the Site, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use or misuse of any such information, materials, services or activities made available via the Site.

You agree to not use the Site to:

• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm other members in any way;
• impersonate any person or entity, including, but not limited to, a Boys and Girls Club staff member, volunteer, user, site administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
• upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any content or do any act that infringes any patent, trademark, trade secret, copyright or other proprietary rights, the personality or privacy rights, or any other rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, endorsements, sponsorships, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• "stalk", "bully" or otherwise harass another; or
• collect or store personal information or data about other users.

The information and materials on this Site have been posted with the intent that they be readily available for use by Local Clubs of Boys and Girls Clubs of Canada, and for personal, private non-commercial use by eligible registered users, and except where otherwise prohibited, may be reproduced, in part or in whole and by any means, for such uses by such member clubs and/or registered users, without charge or further permission from the Boys and Girls Clubs of Canada. Local Clubs may use the materials in accordance with all terms and conditions of Boys and Girls Clubs Canada relating to the operation and conduct of its member clubs. Use by authorized local clubs of Boys and Girls Clubs of Canada is under licence, and subject to any and all requirements or directions of Boys and Girls Clubs of Canada as may updated from time to time. We ask of all users that the materials not be modified, and that in accordance with the above, users exercise due diligence in ensuring the accuracy of the materials, and that Boys and Girls Clubs of Canada be accredited as the source of the materials.

Please also see section 8 below regarding intellectual property and permissions required for other uses of the materials outside of your personal, private, non-commercial use.

7. Privacy and Use of Information

We take the privacy of our users seriously. The FLEX YOUR HEAD Site is intended to be accessed only by registered users of the Site.

To access and use the Site’s content and materials you must register as a user of the Site. In order to register as a Site user, you must share with us certain personal information (for example name, e-mail address, date of birth, address) so that we can set up and administer your user account and the Site’s security. If you are a member, staff, volunteer or representative of Boys and Girls Clubs of Canada or one of its Local Clubs, we request that you share with us the name of your affiliated Local Club so that we can verify your affiliation with us or the Local Club.

For the entire current Privacy Policy, please click here: http://www.bgccflex.ca/terms-of-service#privacy-policy, but we’ve included some basic information here:

Your name, account profile and username are neither publicly visible nor visible to other users of the Site (other than to Site administrators for the purpose of administering and maintaining the Site).

As of the date of these Terms of Service, the Site does not provide interactive communication or private messaging functionality between users, or posting or sharing of materials or user-generated content among users.

Please do not submit the personal information of others to us via the Site without obtaining their prior permission.

We only collect personally identifiable information from users when such visitors voluntarily submit such information. Information provided for users under thirteen (13) years of age at the time of their registration is collected into our database, but is not otherwise used until a signed Parental Consent Form is collected and approved as instructed on the form.

If you are under 13 years of age: If you are under 13 years of age, we require the express consent of your parent or legal guardian for us to collect your personal information for the purposes of registration and for you to participate on the Site and use the Site as a registered member. Please do not send any personal information about yourself to us without prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with this Site. Information provided about users under thirteen (13) years of age at the time of their registration is collected into our database, but is not otherwise used until a signed Parental Consent Form is collected and approved as instructed on the form. If we have not received your parent or legal guardian’s signed Parental Consent Form within one (1) week of submitting your registration, we will delete your registration and the personal information you have submitted with your registration request (unless otherwise required in order to comply with laws, regulations or court orders)

If we learn we have collected personal information from a user under 13 without parental consent being obtained, or if we learn a user under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a user under 13 years of age may have provided us with personal information in violation of this paragraph, please contact us at [email].

You acknowledge that (a) we cannot ensure the security or privacy of content you provide through the Internet, and you release us from any and all liability in connection with the use of such content by other parties; (b) we are not responsible for, and cannot control, the use by others of any content or activity which you post or share on the Site and you should use caution in selecting the personal information posted, shared or provided to others through the Site; and (c) we cannot assume any responsibility for the content posted or sent by other users of the Site, and you release us from any and all liability in connection with the content of any postings or communications of other users.

Boys and Girls Clubs Local Club representatives: If you are a Local Club representative from a Boys and Girls Clubs of Canada Local Club and are registering or maintaining a user account for your Local Club, you represent and warrant that you have the authority to act on behalf of your Local Club, and in respect of the user account(s) you create or manage you are solely responsible for complying with the Site’s Terms of Service, Privacy Policy, and all applicable privacy requirements and laws, and includes but is not limited to the requirement that you must obtain advance written consent from all parents or legal guardians your Local Club members under the age of majority before you post any personally identifiable information or images about those Local Club members on this Site. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. You represent and warrant that you are entering into these Terms of Service on behalf of your Local Club.

8. Intellectual Property & Permissions

a. Copyright. Copyright of all content on this Site, including but not limited to all FLEX YOUR HEAD materials and resources, the underlying code, HTML, text, illustrations, designs, icons, images, photographs, audio clips, video clips, documents, products, software and all other content is either owned by Boys and Girls Clubs of Canada, or Boys and Girls Clubs of Canada has obtained a licence to use the materials for the website.

The content and FLEX YOUR HEAD materials on this Site are protected by the Copyright Act. None of the content or FLEX YOUR HEAD materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, made available or transmitted in any form or by any means, including but not limited to for educational purposes, without the prior written consent of Boys and Girls Clubs of Canada. Reproduction of copies of materials from the Site, in whole or in part, for the purposes of commercial or educational distribution is prohibited, except with written permission from the Boys and Girls Clubs of Canada

To obtain permission to reproduce any content from this website or the FLEX YOUR HEAD materials, please submit a request to:

Boys and Girls Clubs of Canada
2005 Sheppard Ave East, Suite 400
Toronto, Ontario
M2J 5B4
Canada
905-477-7272905-477-7272
support@bgccflex.ca

We and our designees shall have the right to remove any content from the Site in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of the Site and any of its information, materials, services or activities, including any reliance on the accuracy, completeness, or usefulness of such information, materials, services or activities. In this regard, you acknowledge that you may not rely on any content from the Site and/or the FLEX YOUR HEAD program materials except at your own risk.

b. Trademarks. All trademarks used and/or displayed on this website, including but not limited to BOYS AND GIRLS CLUBS OF CANADA® and FLEX YOUR HEAD™ and related marks and logos, are registered and unregistered trademarks of Boys and Girls Clubs of Canada. Used under licence by authorized Local Clubs of Boys and Girls Clubs of Canada. Nothing on this website should be interpreted to grant any licence to use any trademark without the express prior written permission of Boys and Girls Clubs of Canada.

To obtain permission to use trademarks of Boys and Girls Clubs of Canada, please send a request to:

Boys and Girls Clubs of Canada
2005 Sheppard Ave East, Suite 400
Toronto, Ontario
M2J 5B4
Canada
905-477-7272905-477-7272
support@bgccflex.ca

9. Indemnity

You agree to indemnify and hold Boys and Girls Clubs of Canada and FLEX YOUR HEAD, individual Local Clubs of Boys and Girls Clubs of Canada, and our affiliates, officers, agents, sponsors, suppliers or other partners, and employees, representatives or volunteers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to or registration with the Site, your participation in any communications or activities on the Site, your violation of these Terms of Service, the Privacy Policy or other rules or guidelines for activities on the Site, or your violation of any rights of another.

10. Links

The Site may provide links to other Internet websites or online or mobile resources. Because we have no control over such sites and resources, you acknowledge and agree that Boys and Girls Clubs of Canada is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge and agree that we are not responsible for third party advertisements which may be posted on this Site, nor are we responsible for the goods and services provided by advertisers on the Site.

11. General Information

These Terms of Service constitute the entire agreement between you and us, and govern your use of the Site, superseding any prior agreements between you and Boys and Girls Clubs of Canada with respect to this Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or required by Local Clubs (if applicable). The TOS and the relationship between you and us shall be governed by the laws of the Province of Ontario. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Boys and Girls Clubs of Canada to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If the TOS, the Privacy Policy or any other terms of use of the Site are translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. Unless, and only to the extent, prohibited by law in your jurisdiction, any and all dispute or litigation proceedings relating to the Site’s TOS, Privacy Policy or other terms of use, or your participation on the Site, shall be conducted in the English language, including, without limitation, any correspondence, documentation, oral proceedings and orders or judgments. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

12. Modifications to Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Boys and Girls Clubs of Canada and/or its Local Clubs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the FLEX YOUR HEAD program or materials.

13. Termination

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Site. Further, you agree that Boys and Girls Clubs of Canada and/or its Local Clubs shall not be liable to you or any third-party for any termination of your access to the Site.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL USED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE, ACQUISITION OR DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOYS AND GIRLS CLUBS CANADA OR ANY LOCAL CLUBS OF BOYS AND GIRLS CLUBS OF CANADA, OR THROUGH OR FROM THE SITE OR THE FLEX YOUR HEAD PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOYS AND GIRLS CLUBS OF CANADA, OR ANY LOCAL CLUBS OF BOYS AND GIRLS CLUBS OF CANADA, THEIR STAFF, REPRESENTATIVES OR VOLUNTEERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOYS AND GIRLS CLUBS OF CANADA OR ANY LOCAL CLUBS OF BOYS AND GIRLS CLUBS OF CANADA OR THEIR STAFF, REPRESENTATIVES OR VOLUNTEERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR THE MATERIALS ON THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES ACCESSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR THROUGH THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE FLEX YOUR HEAD PROGRAM™. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION FROM LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Violations

Please report any violations of the TOS to us at support@bgccflex.ca.