Terms

The following terms and conditions (“Terms”) govern all use of the Dress for Success Canada Foundation website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Dress for Success Canada Foundation Privacy Policy) and procedures that may be published from time to time by Dress for Success Canada Foundation (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Dress for Success Canada Foundation, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Where use of our Services requires a Dress for Success Canada Foundation or helpingwomennow.ca HWN? account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. dressforsuccesscanadafoundation.org and/or helpingwomennow.ca:

• Accounts: If we create an account for you, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify Dress for Success Canada Foundation of any unauthorized uses of your account, or any other breaches of security. Dress for Success Canada Foundation will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• Responsibility of Contributors: If you operate a website, post material to dressforsuccesscanadafoundation.org and/or, helpingwomennow.ca, post links on dressforsuccesscanadafoundation.org and/or, helpingwomennow.ca, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using dressforsuccesscanadafoundation.org and/or helpingwomennow.ca, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Dress for Success Canada Foundation for inclusion on your website, you grant Dress for Success and Dress for Success Canada Foundation a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows Dress for Success and Dress for Success Canada Foundation to make publicly-posted content available to third parties selected by Dress for Success Canada Foundation so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Dress for Success Canada Foundation will use reasonable efforts to remove it from dressforsuccesscanadafoundation.org and/or helpingwomennow.ca but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Dress for Success Canada Foundation has the right (though not the obligation) to, in Dress for Success Canada Foundations sole discretion, (i) reclaim your username and email due to prolonged inactivity, (ii) refuse or remove any content that, in Dress for Success Canada Foundation’s reasonable opinion, violates any Dress for Success or Dress for Success Canada Foundation policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of dressforsuccesscanadafoundation.org and/or helpingwomennow.ca to any individual or entity for any reason.

2. Responsibility of Visitors.

Dress for Success Canada Foundation has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Dress for Success Canada Foundation does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dress for Success Canada Foundation disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dressforsuccesscanadafoundation.org and/or helpingwomennow.ca links, and that link to dressforsuccesscanadafoundation.org and/or helpingwomennow.ca. Dress for Success Canada Foundation does not have any control over those non-dressforsuccesscanadafoundation.org and/or non-helpingwomennow.ca websites, and is not responsible for their contents or their use. By linking to a non-dressforsuccesscanadafoundation.org and/or non-helpingwomennow.ca website, Dress for Success Canada Foundation does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dress for Success Canada Foundation disclaims any responsibility for any harm resulting from your use of non-dressforsuccesscanadafoundation.org and/or non-helpingwomennow.ca websites and webpages.

4. Third Party Services.

You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:

• Third Party Services are not vetted, endorsed, or controlled by Dress for Success Canada Foundation.
• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
• Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
• Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
• If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

5. Copyright Infringement: Notice and Notice/DMCA Policy.

As Dress for Success Canada Foundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dressforsuccesscanadafoundation.org and/or helpingwomennow.ca violates your copyright, you are encouraged to notify Dress for Success Canada Foundation. Dress for Success Canada Foundation will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Dress for Success Canada Foundation will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Dress for Success Canada Foundation or others.

6. Intellectual Property.

This Agreement does not transfer from Dress for Success Canada Foundation to you any Dress for Success Canada Foundation or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Dress for Success Canada Foundation. Dress for Success Canada Foundation, dressforsuccesscanadafoundation.org, helpingwomennow.ca, the Dress for Success Canada Foundation and Helping Women Now logos, and all other trademarks, service marks, graphics and logos used in connection with dressforsuccesscanadafoundation.org and/or helpingwomennow.ca or our Services, are trademarks or registered trademarks of Dress for Success Canada Foundation or Dress for Success’ licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or licence to reproduce or otherwise use any Dress for Success Canada Foundation or third-party trademarks.

7. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will post said changes on this page. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination.

Dress for Success Canada Foundation may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your dressforsuccesscanadafoundation.org or helpingwomennow.ca account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties.

Our Services are provided “as is.” Dress for Success Canada Foundation and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dress for Success Canada Foundation nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the province and federal courts located in Ontario, Canada. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

11. Limitation of Liability.

In no event will Dress for Success Canada Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Dress for Success Canada Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Dress for Success Canada Foundation Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification.

You agree to indemnify and hold harmless Dress for Success Canada Foundation, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

14. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

15. Miscellaneous.

This Agreement constitutes the entire agreement between Dress for Success Canada Foundation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dress for Success Canada Foundation, or by the posting Dress for Success Canada Foundation of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dress for Success Canada Foundation may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.