Last updated: [June 1, 2024]

These website terms of service for the Websites (as defined below) constitute a legal agreement and are entered into by and between you and Kerby Assembly (“Unison”, “we”, “us”, “our”). The following terms of service, together with any documents or additional terms expressly incorporated by reference herein (collectively, the “Terms of Service”) govern your access to and use of: (a) our active aging websites available at: https://kerbycentre23.wildapricot.org/ and https://veinercentre.wildapricot.org/ (collectively, the “Active Aging Websites”); (b) our main website available at: https://unisonalberta.com/ (the “Main Website” and, collectively with the Active Aging Websites, the “Websites”); and (c) any text, pictures, media, data, information, materials, functionality and other content (collectively, the “Content”) contained on or provided through the Websites. References in these Terms of Service to the Websites will include, where applicable, the Content.

The terms “you” and “your” refer to the individual or entity browsing, accessing or otherwise using the Websites or the Content (“use” or “using” in these Terms of Service will mean any of the foregoing).

BY USING THE WEBSITES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS AND YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1 (CHANGES). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITES.

These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any programs, services, facilities, or initiatives that we may offer (the “Unison Programs”).

1. Changes
   • Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any part of these Terms of Service at any time. When we change these Terms of Service, we will: (i) place a notice on the Websites, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Service to the Website; and (iii) update the “Last Updated” date at the top of these Terms of Service. We may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Websites is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Websites. Otherwise, your continued access to or use of the Websites after any changes to these Terms of Service indicates your acceptance of such change(s).
   • We reserve the right to change the Websites at any time, without notice. We may, at our discretion, suspend your access to or use of the Websites: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Service; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use the Websites.
2. User Account
   • To access certain features of the Websites, you may be required to successfully sign up for an account (the “User Account”). If you establish a User Account, you will keep your User Account secure and will not grant access to or otherwise share your User Account with any other person, unless otherwise expressly permitted under these Terms of Service. You must provide us with accurate information for your User Account. If we believe or suspect that your information is not accurate, we may deny or terminate your access to the Websites. You agree to keep your contact information associated with your User Account current and accurate at all times.
   • We reserve the right to disable any User Account issued to you at any time in our sole discretion. If we disable access to a User Account issued to you, you may be prevented from accessing the Websites.
   • We are entitled to act on instructions received through your User Account. We are not responsible for any actions taken or transactions made to or from your User Account by any other party using your User Account. You are solely responsible for any and all use of your User Account and all actions and activities that occur under or in connection with the User Account.
3. Personal Information, User Data, and User Submissions
   • Please review our current privacy policy, available at https://44716804.fs1.hubspotusercontent-na1.net/hubfs/44716804/Unison%20Privacy%20Policy.pdf (“Privacy Policy”), which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Service. The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.
   • You grant to us, our affiliates, our service providers, and our third party partners and program providers, and each of their and our respective employees, agents, contractors, directors, licensees, successors and assigns (the “Unison Parties”), an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the Websites (collectively, “User Data”) as described in the Privacy Policy, including to provide the Websites, process Orders, and improve the Unison Programs. To the extent permitted by applicable law, Unison will not be liable for any failure to store, or for loss or corruption of your User Data.
   • If you post or publish Content that you upload, post, e-mail, transmit or otherwise make available on the Websites or any other third party site accessed through the Websites (a “User Submission”), you grant to the Unison Parties a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and licence to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and otherwise disclose to third parties, the User Submission (in whole or in part) for any purpose and to incorporate it in other works in any form without compensation to you, for the full term of any worldwide intellectual property right, including moral rights, that may exist in the User Submission. You further waive any moral rights or other rights of authorship as a condition of uploading, posting, e-mailing, transmitting or otherwise making publicly available on the Websites, any User Submission.
   • We reserve the right to remove, edit, limit, or block access to the User Data and any User Submission at any time, and to disable or terminate your User Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion. We have no obligation to display or review your User Data or any User Submission.
   • You understand and agree that you are fully responsible for your User Submissions. You represent and warrant to us that: (i) your User Data and any User Submission will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third-party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Websites and Handle the User Data as contemplated under these Terms of Service; (ii) you have the appropriate rights in and to your User Data and any User Submission to grant to the Unison Parties the use rights and licenses with respect to such User Data and User Submissions set out herein; and (iii) you will not submit, upload, or otherwise make available via the Websites, any User Data or User Submission that would breach or violate any applicable laws or these Terms of Service.
   • If you submit your email address to us through the Websites or in connection with your use of the Websites, you consent to receive electronic communications from us at such email address. You may withdraw such consent at any time by contacting us using the information set out in Section 15 (Contact) below.
4. Access to Unison Programming
   • Through the Unison Programs, we offer access to a variety of activities, programs, services, workshops, events, facilities, and other resources. Your participation in or access to any Unison Program is subject to the terms and conditions of that specific Unison Program, which may be updated or modified from time to time. If you have any questions about the Unison Programs, please contact us.
   • These Terms of Service will govern any registration or purchase you make through the Websites or any third party site made available through the Website, for any Unison Program (each registration or purchase is an “Order”). Your placement of an Order through the Websites is an offer to register for or purchase the Unison Program ordered and we may accept your Order by providing an electronic or other form of Order confirmation. For any reason, we may decline to accept your Order or any part of your Order. If we decline to accept your Order, we will be under no obligation to provide the Unison Program related to that Order to you. If some of the Unison Programs in your Order are temporarily unavailable, we will notify you of any that cannot be fulfilled. If we accept your Order, we will provide the Unison Program to you in accordance with the terms and conditions of that Unison Program.
5. Payment

To make a donation or to pay for an Order online, you will need to provide Unison or, if applicable, third-party payment processors (the “Payment Processor”), with the information necessary to process a payment from you, including the billing information requested on the Websites or the applicable Payment Processor’s platform. We may also offer other options for making donations or paying for Orders offline (e.g., by calling us). The processing of payments will be subject to these Terms of Service and the terms, conditions and privacy policies of the Payment Processor. To the fullest extent permitted by applicable law, we are not responsible for any error by, or other acts or omissions of, any Payment Processor. You may pay for your Order via credit card or any other manner then available on the Websites or on the applicable Payment Processor’s platform. By submitting your payment information to us or the Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience. You represent and warrant that you will not use any credit card or other method of payment unless you have all necessary authorization to do so. We and any Payment Processor are not liable in the event persons acting with or without your permission use your credit card or other method of payment to make purchases on the Websites or the Payment Processor’s platform. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your chosen payment provider and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, either through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.

6. Ownership of and Licence to the Websites & Content
   • Neither these Terms of Service nor your use of the Websites grants you ownership in the Websites. These Terms of Service do not grant you any right to use any Content, including our trademarks, graphics, logos and other proprietary symbols or brand elements. All right, title and interest, including intellectual property rights, in and to the Websites, Content, the Unison Programming, and any updates, adaptations, translations, customizations or derivative works thereof, will remain our (or our third-party suppliers) sole and exclusive property. We reservice all rights not expressly granted to you in these Terms of Service.
   • Certain elements of the Websites are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling the Websites or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.
   • The name “[Unison]” is the trademark and trade name of Unison or its licensors. Any trademarks, graphics, logos or other proprietary symbols appearing in or on the Websites are our (or our licensors) sole and exclusive property and may not be used in any manner without our express written consent.
7. Additional Terms

Your access to and use of certain functionalities provided in or through the Websites may be subject to additional terms and conditions presented to you by us or our service providers, including the Privacy Policy. 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 Service, then the provisions of these Terms of Service 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 Service do not apply. 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.

8. No Unlawful or Prohibited Use

You will not use the Websites in a manner that would violate applicable law or for any purpose other than to access and use the Websites in accordance with these Terms of Service.

9. Confidentiality

We do not guarantee the confidentiality of any communications made by you through the Websites. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Websites.

10. Third-Party Content, Websites or Services
    • The Websites may provide or publish links or access to third-party content, websites, or services. Likewise, we may allow you to access the Websites from third-party systems. We do not represent that we have reviewed such third-party websites and 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 the Websites 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.
    • Your interactions with any other entities and/or individuals found on or through the Websites, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You agree that, to the fullest extent permitted by applicable law, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
11. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SET OUT IN THESE TERMS OF SERVICE, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, UNLESS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, THE WEBSITES AND ALL UNISON PROGRAMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. FOR THE AVOIDANCE OF DOUBT, WE DO NOT REPRESENT, WARRANT OR OTHERWISE GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR OUTCOME IN CONNECTION WITH YOUR USE OF THE WEBSITES OR THE UNISON PROGRAMS. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS OF SERVICE OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITES, CONTENT AND UNISON PROGRAMS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE WEBSITES, CONTENT AND UNISON PROGRAMS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBWEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WEBSITES.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE UNISON PARTIES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE WEBSITES OR THE INABILITY TO MAKE USE OF THE WEBSITE, OR THESE TERMS OF SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE UNISON PARTIES’ TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITES, CONTENT OR UNISON PROGRAMS, EXCEED THE AMOUNT OF FEES PAID TO US BY YOU IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE UNISON PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

13. Indemnification

EXCEPT TO THE FULLEST EXTENT PROHIBITED BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE UNISON PARTIES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USER DATA AND, IF APPLICABLE, ANY USER SUBMISSION; (B) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF SERVICE OR ANY DOCUMENTS REFERENCED HEREIN; (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING INTELLECTUAL PROPERTY RIGHTS); (D) ANY HARMFUL OR DELETERIOUS PROGRAMMING ROUTINES INPUT BY YOU INTO THE WEBSITES; OR (E) YOUR USE OF THE WEBSITES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THE TERMS OF SERVICE OR YOUR ACCESS TO THE WEBSITES.

14. General Provisions
    • Choice of Law. Except as restricted by applicable law, these Terms of Service will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Alberta, Ontario in all disputes arising out of or relating to the use of the Websites. 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.
    • Entire Agreement. These Terms of Service, including all terms and conditions incorporated by reference, 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 Websites.
    • Our failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Service must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
    • If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Service and all other provisions of these Terms of Service will remain in full force and effect.
15. Contact

Please contact us if you have any questions or concerns. Our contact details are as follows:

1133 7 Ave. SW, Calgary

Tel: 403-265-0661

E-mail: HelloYYC@UnisonAlberta.com