MENTAL HEALTH + DIABETES TRAINING PROGRAM
TERMS OF USE
Last updated: 29th May, 2023
The following terms of use constitute a legal agreement and are entered into by and between you and Juvenile Diabetes Research Foundation Canada (“JDRF”). The following terms of use, together with any other terms that are expressly incorporated by reference herein, (collectively, “Terms of Use”) govern your access to and use of: (a) our online non-accredited, educational Mental Health + Diabetes Training Program and our website (the“Website”) https://jdrf.goldbuginteractive.com (collectively, the “Program”), including any functionality and services offered on or through the Program; (b) any tools, resources, text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the Program; (c) any other products or services provided by us to you on or through the Program; and (d) the Mental Health + Diabetes Directory (defined below) ((a), (b), (c) and (d), collectively, the “Offerings”). The terms “you” or “your” refer to the individual or entity browsing, installing, downloading, accessing or otherwise using our Offerings (“use” or “using” in these Terms of Use will mean any of the foregoing).
The Offerings are provided by JDRF, Diabetes Canada and any additional persons identified by JDRF on the Website as a collaborator or financial supporter of the Program or the Mental Health + Diabetes Directory from time to time (collectively, the “Offering Collaborators”, also referred to in these Terms of Use as “we”, “our” and “us”).
BY USING OUR OFFERINGS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE. BY USING OUR OFFERINGS, YOU REPRESENT AND WARRANT THAT YOU: (A) HAVE REACHED THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH JDRF AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS; AND (B) ARE USING OUR OFFERINGS WHILE LOCATED IN CANADA. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR OFFERINGS.
IF YOU ARE USING OUR OFFERINGS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.
These Terms of Use do not alter in any way the terms or conditions of any other agreements you may have with us in respect of any products, applications, services or otherwise.
1. Changes to these Terms of Use and our Offerings
(a) Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Website and will send you an email or notify you by some other means as required by applicable law; (ii) post a new version to the Website; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further access or use of our Offerings is permitted. If you do not agree to any change(s) after receiving a notice from us of such change(s), you will stop using our Offerings. Otherwise, your continued access to or use of our Offerings after any changes to these Terms of Use indicates your acceptance of such changes.
(b) We reserve the right to change our Offerings at any time, without notice to you. We may, at our discretion, suspend your access to or use of our Offerings or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; (iii) to address any emergency security concerns; (iv) to modify or cease to provide our Offerings or any aspect thereof; or (v) if required to do so by a regulatory authority or as a result of a change in standards of practice or a change in applicable law.
2. Overview of the Program
The Program is made available to you by the Offering Collaborators and is a non-accredited, educational Mental Health + Diabetes Training Program. The Program is comprised of self-paced e-learning modules that have been designed to integrate knowledge of diabetes into mental health practice to better support Canadians living with type 1 diabetes or type 2 diabetes, their family members and people affected by diabetes (the “Learning Modules”). Additional detail about the Learning Modules is available on our Website. At a high level, the Learning Modules will address the following learning objectives:
- A summary of the basics of diabetes (i.e., diagnosis, treatment, potential health complications, self-management) and discuss its heterogeneity.
- The importance of the lived experience of diabetes including adaptation, living well with diabetes, and managing social, environmental and structural challenges, all of which may be a focus of mental health treatment.
- Describe the potential roles that mental health professionals may have in the support of people with diabetes, including becoming part of their care team in the management of diabetes as well as for mental health concerns.
- Adapt and apply various psychological approaches to support individual resiliency and engagement in self-care to live well with diabetes within the social and cultural context of the individual.
The Program has two streams:
(a) Provider Stream: The Provider Steam of the Program is for mental health providers registered in one or more jurisdictions of Canada as a psychologist, clinical counsellor, psychotherapist, social worker, psychiatrist or mental health nurse (“Providers”). After completing the Learning Modules, the Providers will have the opportunity to engage in a three-hour live, virtual interactive session led by an expert facilitator (the “Live Session”). Providers who have successfully completed the Learning Modules, the Live Session and who obtain a score of no less than 70% on the online final evaluation will receive a certificate of completion of the Program and will be eligible to apply to be added to the Mental Health + Diabetes Directory, subject to these Terms of Use.
(b) Individual Stream: The Individual Stream of the Program is for individuals who (i) do not meet the criteria to be considered a Provider, which may include other health professionals or people who provide other health, wellness or coaching services, people affected by diabetes (type 1 or type 2), or (ii) Providers who do not wish to participate in the Live Session or become eligible to be added to the Mental Health + Diabetes Directory.
The Offering Collaborators include JDRF, a charitable organization that is the largest funder and advocate for type 1 diabetes research in Canada, and Diabetes Canada, a charitable organization whose mission includes serving the 11 million Canadians living with diabetes or prediabetes, and may include additional parties with similar missions and objects to serve and advance the wellbeing of people affected by diabetes.
The Program, including the Content, has been designed by a Steering Committee comprised of mental health experts, other health care providers and persons with lived experience of diabetes with diverse educational backgrounds and geographic representation across Canada. Additional information about the Program Steering Committee representatives is available on the Website.
JDRF reserves the right to change or cancel any Live Session at any time without notice. JDRF may also reduce the frequency or the availability of the Live Sessions or cancel all future Live Sessions at any time without notice. You acknowledge that the number of Users that participate in any Live Session may be limited by JDRF, JDRF may not offer the Live Sessions at a time that is convenient for you and JDRF may cease to provide the Live Sessions at any time, including after you have completed some or all of the Program.
The Offering Collaborators believe that the Program, including the Content, designed by or with oversight from the Steering Committee, could help to provide knowledge and tools to assist Providers with delivering the best support to their patients with diabetes and people affected by diabetes. The Program and the Content have not been approved, authorized or endorsed by any health regulatory authority and the Program has not been accredited. None of the Offering Collaborators are authorized to, and they do not, carry on any regulated health profession.
3. Overview of the Mental Health + Diabetes Directory
The Mental Health + Diabetes Directory is a list of Providers who have completed the Program and applied to have their name and professional contact information listed on the Website at https://directory.jdrf.ca/ (the “Mental Health + Diabetes Directory”). The Mental Health + Diabetes Directory is maintained by the Offering Collaborators and is intended to connect people living with diabetes to Providers who understand the reality of living with diabetes and have completed the Program to provide their patients with mental health support specific to addressing the realities of living with diabetes.
If you are a Provider who has successfully received a certificate of completion of the Program, you will be eligible to be apply to be listed in the Mental Health + Diabetes Directory, subject to these Terms and Conditions. You can apply to JDRF to be included in the Mental Health + Diabetes Directory at https://directory.jdrf.ca/application/. By making an application to be included in the Mental Health + Diabetes Directory, you represent, warrant and covenant with JDRF that:
(a) you are a Provider engaged in the practice of your regulated health profession in your jurisdiction and you are a member in good standing with the applicable health regulatory authority;
(b) there are no: (A) pending or actual investigations, actions, inquiries, complaints, civil suits, proceedings or judgments (“Actions”) pending or rendered against you, including but not limited to those Actions before any health regulatory authority, court of competent jurisdiction or arbitral tribunal; (B) judgments rendered against you in any court of competent jurisdiction or tribunal or in any proceeding where there was a finding of professional negligence or malpractice against you by any health regulatory authority or otherwise, including any such matter settled by a payment; or (C) pending or actual criminal investigations, charges or convictions against you;
(c) you have no criminal record for which a pardon has not been granted and, to the best of your knowledge, you are not under any criminal investigation, proceeding or charge in any jurisdiction;
(d) you have had none of your licences or accreditations to provide mental health services suspended, revoked, or surrendered;
(e) you hold and will continue to hold, at your sole cost and expense, professional liability insurance coverage as may be required by your applicable health regulatory authority and as may be reasonably required to satisfy any and all claims which may arise from any act or omission by you while providing the mental health services to your patients;
(i) In good faith, in compliance with all applicable laws, professional standards and policies of the applicable health regulatory authority;
(ii) with the highest ethical and professional practice standards compatible with established standards of care expected of a licensed practitioner; and
(h) in being listed in the Mental Health + Diabetes Directory, you are not breaching any partnership, associateship, employment or other covenant or agreement you may have entered into with any other person;
(i) all of the information provided by you in your application to be included in the Mental Health + Diabetes Directory is true and correct in all respects; and
(j) you will immediately notify JDRF in writing at mentalhealthstrategy@jdrf.ca if any of the foregoing ceases to be true while you are included in the Mental Health + Diabetes Directory.
You acknowledge and agree that:
(a) the Offering Collaborators may cease to provide the Mental Health + Diabetes Directory and JDRF may suspend or remove you from the Mental Health + Diabetes Directory at any time without notice;
(b) there is no payment or benefit required to be provided by you in order to be eligible to be included in the Mental Health + Diabetes Directory;
(c) you will not be guaranteed inclusion in or any particular level of prominence or position in the order of the Providers listed in the Mental Health + Diabetes Directory and your inclusion in, level of prominence or position in the order of the Providers may be changed by JDRF in its sole discretion at any time without notice;
(d) no Offering Collaborator has made any representation, warranty or guarantee to you regarding any real or projected number of referrals or volume of services that you may obtain by virtue of you being included in the Mental Health + Diabetes Directory;
(e) you will provide JDRF with evidence in support of any of the representations, warranties and covenants provided by you herein upon request; and
4. Payment and Service Rules
The Offerings are being made available by the Offering Collaborators at no cost to you.
5. Privacy
You consent to JDRF’s collection, use, handling, and disclosure of your personal information (“Personal Information”) in the manner described in our Privacy Policy, found at https://www.jdrf.ca/privacy-policy/ (“Privacy Policy”).
6. Third Party Content, Websites or Services
(a) Our Offerings may provide or publish links or access to third party content, websites or services. Likewise, we may allow you to access our Offerings from third party systems. We do not represent that we have reviewed such third-party websites and we are not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third-party content, websites or services are the property of their respective owners. We do not endorse any third-party content, websites, services or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Third party content, websites, services or systems are not under our control, and if you choose to access any such content, websites or services, or to access our Offerings from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third-party content, websites, services or systems and agree to accept and comply with any such terms of use.
(b) Your interactions with organizations or individuals found on or through our Offerings, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations or individuals. You agree that to the fullest extent permitted by applicable law, the Offering Collaborators are not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions.
7. Your User ID and Account
(a) In order to access certain features within our Offerings, you will be required to successfully sign up for a user account using the available interfaces within our Website (an “Account”) and select a username and password login credentials (the “User ID”). You will keep your Account and User ID secure and will not grant access to or otherwise share your Account or User ID with any other person. You will immediately notify us at https://www.jdrf.ca/privacy-policy/ if you become aware of any actual or suspected unauthorized use of your Account.
(b) You must provide us with true, accurate, current and complete information relating to your User ID and Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to your Account and our Offerings. We reserve the right to disable any User ID or Account issued to you at any time in our sole discretion. If we disable access to your Account or a User ID issued to you, you may be prevented from using or accessing our Offerings (or any portion thereof).
8. Grant of Access to and Ownership of our Offerings
Subject to these Terms of Use, we grant you a revocable, worldwide, non-exclusive, non-transferable, non-sublicensable and revocable right during the Term (as defined below) to access and use our Offerings, including to download and display local Content solely in connection with using our Offerings, in accordance with these Terms of Use. Neither these Terms of Use nor your use of our Offerings grants you ownership in our Offerings or the Content you access through our Offerings. These Terms of Use do not grant you any right to use any Offering Collaborator’s trademarks or other brand elements. All right, title and interest, including intellectual property rights, in our Offerings and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of JDRF or another Offering Collaborator (or our third-party suppliers, if applicable). Any use of third-party software provided in connection with our Offerings will be governed by such third parties’ licenses and not by these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by JDRF.
9. No Reliance
The Content on our Website and the Program is provided for information purposes only. It is not intended to amount to medical or professional advice on which you should rely or to replace or supersede information obtained by you through your formal education or your health regulatory authority. Your use of our Offerings is at your own risk and neither JDRF, the other Offering Collaborators, nor their parents, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of our Offerings, except as otherwise provided under applicable law. All statements or opinions expressed in any third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. You acknowledge that you should not solely rely on the Content or the tools and resources made available to you through the Offerings.
The Program does not contain the information required in order to provide mental health services to individuals with diabetes. The Program is not a part of any educational program which would allow you to licence or register with any health regulatory authority or permit you to use any restricted titles. The Program does not include all content that you may need to know in order to provide mental health services specific to addressing the realities of living with diabetes.
10. Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFERINGS, THE CONTENT AND ANY SERVICES ATTAINED THROUGH OUR OFFERINGS IS AT YOUR OWN RISK. OUR OFFERINGS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE MAKING NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO OUR OFFERINGS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
To the extent permitted by applicable law, JDRF is not responsible for any errors, inaccuracies or omissions in the Program. Without limiting the foregoing, to the extent permitted by applicable law, we do not guarantee (i) the accuracy of the content within the Program or any of the underlying sources used or consulted in the creation of the Program, (ii) that the Program addresses all possible research, treatments or considerations, or (iii) the Program does not omit any relevant or material information. While the Program may suggest specific strategies, protocols or approaches to providing mental health treatment, we are not endorsing any such strategies, protocols or approaches and each Provider should always use their own clinical judgment to determine the appropriate strategies, protocols or approaches when providing their services, including when conducting any assessments, tests and recommended treatment, as applicable.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL JDRF, THE OFFERING COLLABORATORS OR THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS, OR ANY SUCCESSORS OR ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH JDRF, THE “JDRF PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA UNDER ANY LEGAL THEORY, EVEN IF ADVISED OR HAD REASON TO KNOW THAT SUCH DAMAGES MIGHT OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, OUR OFFERINGS, EXCEED $100CAD.
12. Indemnification
To the maximum extent permitted by applicable law, you hereby defend, indemnify and hold harmless the JDRF Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of our Offerings.
13. Geographic Restrictions
JDRF is based in Ontario in Canada. We provide our Offerings for use only by persons located in Canada. Our Offerings are not intended for use in any jurisdiction where its use is not permitted. We are relying on you to provide accurate information regarding your physical location when accessing the Offerings.
14. Electronic Communications
When you create an Account, use or view our Offerings or send e-mails or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you through your Account accessed through the Website, by e-mail, or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(a) By creating an Account to access our Offerings, you acknowledge and agree that we may send you service-related e-mails relating to your Account, including service updates. These communications can be managed through user features made available through our Offerings from time to time. When you sign up to participate in the Program or if we otherwise have your consent, we will collect and use your full name and email address to provide you with communications including information about JDRF resources, services, offers, events and promotions. Your consent to receive communications and do business electronically and our agreement to do so applies to all of your interactions and transactions with JDRF. You can opt out of receiving email marketing communications by contacting us using the contact information provided in the “Contact Us” section of our Privacy Policy found at https://www.jdrf.ca/privacy-policy/. Please note that you may continue to receive transactional, informational or account-related communications from us even if you unsubscribe from marketing communications. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your mobile device number, email or mailing address so that you continue to receive all communications without interruption.
(b) By using our Offerings, you acknowledge and agree that JDRF will be transmitting certain of your Personal Information electronically.
(c) You acknowledge and agree that you are solely responsible for providing JDRF with accurate contact information for the purposes of any electronic communications between us and you, including your mobile device number and email address.
15. Your Responsibilities
You will not use our Offerings in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use our Offerings for any purpose other than to access and use our Offerings. Without limiting the generality of the foregoing, by accessing or using our Offerings, you will:
(a) use reasonable efforts to prevent unauthorized access to or use of our Offerings;
(b) promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your Account or User ID, including any loss, theft or unauthorized disclosure or use of your User ID or Account;
(i) sub-license, sell, rent, lend, lease or distribute our Offerings or any intellectual property rights therein or otherwise make our Offerings available to others;
(ii) disable, overly burden, impair or otherwise interfere with servers or networks connected to our Offerings (e.g., a denial of service attack), including by accessing or using our Offerings to permit timesharing, service bureau use or to commercially exploit our Offerings;
(iii) use or access our Offerings in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of our Offerings or for any purpose or in any manner not expressly permitted in these Terms of Use;
(iv) use our Offerings to create, collect, transmit, store, use or process any data, information, records or files that you load, transmit to or enter into, or that we collect from your access or use our Offerings: (A) that contains any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data; (B) that you do not have the lawful right to create, collect, transmit, store, use or process; (C) that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
(v) attempt to gain unauthorized access to our Offerings, or bypass any measures we may use to prevent or restrict access to our Offerings, including by performing any vulnerability, penetration or similar testing of our Offerings;
(vi) modify, reverse engineer, reverse assemble, disassemble or decompile our Offerings (or any part thereof) or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to our Offerings;
(vii) access or use our Offerings for the purpose of building a similar or competitive product or service;
(viii) violate the terms of use of any third-party website that is linked to our Offerings;
(ix) remove or obscure any proprietary notices or labels on our Offerings, including brand, copyright, trademark and patent or patent pending notices; or
(x) encourage or engage in any other conduct that restricts or inhibits any other user’s access or use of our Offerings, or which, as determined by us, may harm our Offerings or users of our Offerings or expose them to liability.
16. Feedback
You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to the Offering Collaborators and their affiliates and service providers, and each of their respective licensees, successors and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from and otherwise exploit and disclose to third parties the Feedback in any form, media or technology, whether now known or hereafter developed, and to allow others to do the same.
17. Malicious Code and Security
The downloading and viewing of Content is done at your own risk. You are responsible for implementing safeguards to protect the security and integrity of your computer system or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system or mobile device that may be necessary as a result of your use of our Offerings.
18. Term and Termination; Survival
(a) These Terms of Use will commence on the day you first use our Offerings and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through our Offerings. You may terminate these Terms of Use at any time and with immediate effect by contacting JDRF and requesting that your account to be deleted or ceasing use of our Offerings. For greater certainty, if you continue to use any portion of our Offerings that is publicly available after your completion of the Program or these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
(b) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (Payment and Service Rules), 5 (Privacy), 6 (Third Party Content, Websites or Services), 8 (Grant of Access to and Ownership of the Offerings), 9 (No Reliance), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 16 (Feedback), 17 (Malicious Code and Security), 18(b) (Survival), 19 (
19. Additional Terms
Your access to and use of certain functionalities provided in or through our Offerings may be subject to additional terms and conditions presented to you by JDRF, the Offering Collaborators or our service providers. Such additional terms and conditions are incorporated herein by reference, and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply or except as otherwise provided in accordance with applicable law. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities. You agree to be bound by JDRF’s acceptable code of conduct policy in effect from time to time at all times during the Term.
20. General Provisions
(a) Choice of Law. Except where prohibited by applicable law, the parties hereby agree that their relationship and the resolution of any and all disputes arising therefrom, including any issues related to these Terms of Use, shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
(b) Entire Agreement and Interpretation. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website. In these terms “include” or “including” means including “without limitation”.
(c) Waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
(d) Severability. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
(e) Assignment. You will not assign these Terms of Use to any third party without our prior written consent. Any assignment in violation of this Section will be void. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
21. Contact
If you have any questions or comments regarding these Terms of Use or have feedback, comments, requests for technical support and other communications relating to our Offerings please contact us at mentalhealthstrategy@jdrf.ca