Last Updated: October 21, 2018
See What She Can Do Inc. (“SWSCD”), provides Services (as defined in section 3 below) to you through this website (“Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. SWSCD reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services.
To use certain areas of this Website and to use certain Services, you may need to first complete the registration process to create an account (“Account”) and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify SWSCD if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the “Registration Data”). You will also 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 complete, or SWSCD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, SWSCD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you.
SWSCD may act upon any communication that is given through your Account or by using your Credentials. SWSCD is not required to verify the actual identity or authority of a person using your Account or Credentials, but SWSCD may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if SWSCD is not satisfied with the verification. If SWSCD, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then SWSCD may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
Age Restrictions
This Website is intended for and directed to individuals who are residents of Canada and who are: (1) of the age of majority or older in your province/territory of residence, or (2) between 13 years of age and the age of majority in your province/territory of residence (“Teenager”) and have your parent or legal guardian’s consent to these Terms. To register on this Website or to purchase products on this Website, you must be age of majority in your province/territory of residence, or a Teenager with parent or legal guardian consent. Individuals under the age of 13 years old cannot use this Website nor register on any portion of this Website, nor purchase products on this Website.
The parents or guardians of a Teenager should review these Terms carefully. A Teenager may create and use an Account with parent or guardian’s approval. If you permit the Teenager to access and use this Website, to register on this Website, or to purchase goods on this Website, you hereby agree to these Terms on behalf of both you and your Teenager. You further agree that you are solely responsible for any and all use of this Website by you and your Teenager.
SWSCD is offering specific content, products or services made available or supplied by SWSCD using this Website (collectively the “Services”), to persons who have Accounts or who are otherwise accessing this Website or using this Website. The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when accessing, using or purchasing the Services.
Your Credentials, Registration Data, product purchase payment information, and any other information that you provide to us through this Website, as well as certain other information about you, is subject to SWSCD’s Privacy Policy [https://www.seewhatshecando.com/privacy]. Your privacy is important to us. For more information, please see our Privacy Policy [https://www.seewhatshecando.com/privacy] for details.
SWSCD authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with SWSCD or using the Services. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, creation of derivative works from, sale or other exploitation of this Website or this Website materials or content without the prior written permission of SWSCD is strictly prohibited. SWSCD reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and SWSCD reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
As part of the Services, SWSCD may make certain products available for sale on this Website (“Products”) such as Products on the SWSCD Merchandise online store.
For more information for terms and conditions relating to the purchase of products on this Website, please see our Terms of Sale [insert link to Terms of Sale] for details.
See What She Can Do Inc., SEEWHATSHECANDO.COM, SEE WHAT SHE CAN DO, ATHLETE ADVISOR, SWSCD and related words and logos are trade-marks or trade-names of SWSCD in Canada and other jurisdictions. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of SWSCD. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of SWSCD or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to SWSCD materials remains with SWSCD and any unauthorized use of such materials is strictly prohibited. SWSCD reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.
All information, data, text, software, music, sound, photographs, graphics, video, email messages or other kinds of messages, ideas, reviews, opinions, suggestions or other materials sent, submitted, posted or displayed by users on this Website or the Services (“User Content”) are the responsibility of the user. This means that you are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available to this Website or the Services; and (ii) for ensuring that all Content is accurate and does not include misleading information or infringe or violate anyone’s proprietary right.
SWSCD has no responsibility for User Content. However, SWSCD retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse, block or delete any User Content for any reason whatsoever. SWSCD will not be liable to you or any third party for any modifications or discontinuance of your User Content. SWSCD does not control the User Content posted to this Website and, as such, does not guarantee the accuracy, integrity or quality of any User Content. You therefore agree that you will not hold SWSCD responsible for any loss or damage of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available to this Website or to the Services. Posted or transmitted User Content does not necessarily reflect the views of SWSCD.
If you provide User Content, you grant SWSCD a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence (and right to sub-licence) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content. You confirm and warrant to SWSCD that you have all rights, power and authority necessary to grant the above licence.
You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious or otherwise unlawful information. In addition, you warrant that all moral rights in such User Content have been waived. Without limiting the generality of the foregoing, you agree not to send, transmit, post, link to, upload, display or otherwise submit to this Website or to the Services any User Content that: (i) infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right; (ii) contain any libellous, tortious or otherwise unlawful information; (iii) are inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful; and (iv) include a photograph of another person or personal information of another person or use that person’s correspondence, diaries or personal documents without that person’s consent.
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. SWSCD has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify and hold harmless SWSCD from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, SWSCD retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
You understand and agree that:
(a) Use of this Website and the Services is at your sole risk. This Website and the Services (including Products for sale on the SWSCD Merchandise online store on this Website) are provided on an “as is”, “as available” basis. Neither SWSCD, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “SWSCD Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and SWSCD Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
(b) SWSCD Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. SWSCD Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
(c) The access to and downloading of material from this Website is done at your own risk. SWSCD makes reasonable efforts to ensure that this Website is virus-free, but SWSCD does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
In no event will SWSCD Parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these Terms, the use of this Website or the Services. SWSCD Parties will not be liable for any actual or alleged infringement by any third party materials available through the Services. In no event will the cumulative liability of SWSCD Parties arising out of or related to these Terms exceed the amount paid by you for services purchased through this Website in the one month immediately prior to any Claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 13 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
These Terms, the Privacy Policy, Terms of Sale (for Products purchased on this Website) and all other notices, policies and statements contained on this Website (all as may be amended by SWSCD from time to time without prior notice) constitute the entire agreement between SWSCD and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The relationship between SWSCD and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.
To the extent permitted by applicable law, unless SWSCD agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude SWSCD from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by SWSCD. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.
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