(1432b) Trauma-Informed Care: Improving Care for Everyone

CENTRE FOR COLLABORATION, MOTIVATION AND INNOVATION SOCIETY
 TERMS OF SERVICE

Welcome to the Centre for Collaboration, Motivation and Innovation Society (“CCMI”, “we”, “our” and “us”). These Terms of Service (“Terms of Service”) govern your participation in, access to and use of our products and services, which include in-person seminars, our learning management system (“LMS”), platforms, Programs (defined below), Program Materials (defined below),websites and mobile applications (collectively, the “Services”), and apply to you as an end user of the Services (“you” and “your”). “Customer” as used in these Terms of Service is the organization, company or other person that has invited or authorized you to participate in, access and use the Services. 

BEFORE YOU CAN USE THE SERVICES, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE LISTED BELOW, ALL POLICIES AND TERMS REFERRED TO BELOW, AND ANY CHANGES TO THE TERMS BELOW THAT WE MAY MAKE AT ANY TIME IN THE FUTURE. Your participation in, access to and use of the Services is expressly conditioned on your acceptance without modification of the following Terms of Service. By accessing the Services, creating an Account (defined below) or otherwise using the LMS, you signify your acceptance of these Terms of Service. If you do not agree with any part of the following Terms of Service or are not of the age of majority in your jurisdiction, you must not participate in, access or use the Services or create an Account. THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US.

CCMI reserves the right to change or modify any of the terms and conditions contained in these Terms of Service or any policy or guideline of the Services, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Services. Your continued use of the Services following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time to time to understand the terms and conditions that apply to your use of the Services.
These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with CCMI for other products or services. All questions or comments about the Services (including the LMS and its contents) should be directed to eLearning@centrecmi.ca.

1.    PRIVACY POLICY AND CONSENT TO DATA USE
CCMI may collect, use, store, disclose, process or otherwise handle your personal information in connection with the Services. CCMI believes strongly in protecting user privacy and providing you notice of CCMI’s collection of data (including personal information) from the Services and use and management of such data. Therefore, CCMI has adopted a privacy policy (the “Privacy Policy”), which can be found at https://ccmimaterials.learnupon.com/r/wjsjem0431u6yt15un3hn3tnils5771, to which you should refer to fully understand how CCMI collects, uses, manages and discloses personal information, and which you should use to help you make informed decisions. 

Further, by accepting these Terms of Service, you acknowledge and agree that CCMI may collect and use technical data and related information, including technical information about your device, system, applications, software and peripherals, which may be gathered periodically by CCMI to provide you with updates, product support and other services relating to the Services, as applicable. CCMI may also use this information, as long as it is in a form that does not personally identify you, to improve our Services and other products or to provide services or technologies to you. 

2.    PROGRAM ENROLMENT OBLIGATIONS

When you enrol for one of our programs or workshops (any such program or workshop, a “Program”), you may receive an account with a password and/or account designation (an “Account”) when you have completed the Program enrolment process. When enrolling in a Program or setting up your Account, you agree:

(a)    to provide true, accurate, current and complete information about yourself;
(b)    that you hereby waive any future challenge to the validity and enforceability of any request to enrol in a Program on the grounds that it was electronically transmitted and authorized;
(c)    that CCMI is not responsible for any costs or charges incurred in order to use the Services, the LMS or to enrol in Programs, including phone charges and telecommunications equipment;
(d)    that you are fully responsible for all activities that occur under your Account, and accept all liability relating to your participation in the Services and for any acts or omissions of the use of the LMS under your Account; 
(e)    to ensure that your use of the Services is compliant will all applicable laws and regulations;
(f)    to immediately notify us and Customer of any unauthorized use of or suspicious activity with respect to your Account or any other breach of security; and
(g)    that you are fully responsible for managing your Account, including:

(i)    maintaining the confidentiality of passwords and/or any Account information; and
(ii)    maintaining and promptly updating the Account information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Services, your Account and refuse any and all current and future use of the Services by you. 

3.    OWNERSHIP

All right, title and interest in and to the Services (including the LMS and its content) and derivatives thereof, will belong to and remain exclusively with CCMI, its licensors and/or its various third-party providers and distributors and is protected under the intellectual property laws of Canada and other jurisdictions. You retain all ownership and other intellectual property rights in and to your Content. All rights not expressly provided to you under these Terms of Service are reserved.

No part of the Services (including any content that we provide to you, including through the LMS) may be reproduced, republished, distributed, displayed, licensed, sublicensed, assigned, sold, transferred, or modified without the express written permission of CCMI, its licensors and/or its third-party providers and distributors, as applicable.

You: (a) hereby grant (and agree to grant) to us a transferrable, sublicensable, royalty free, perpetual right and license to use, copy, distribute, display, make available to the public, transmit, broadcast, publish, modify and create derivative works of your Content and authorize others, including other users of the Services, to do the foregoing (the “Content License”); and (b) represent, warrant, and covenant, and can demonstrate to our full satisfaction upon request, that: (i) you own or otherwise have the legal right and capacity to grant the Content License or that your Content is in the public domain worldwide; (ii) your Content does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information or other intellectual property rights; (iii) you agree to pay all royalties, fees, remuneration and any other monies due or payable arising from any use of your Content or the exercise of the Content License by us or third parties in or through the Services; and (iv) you hereby waive (and agree to waive) any moral rights you have in your Content for the purposes described in these Terms of Service, including for us to provide the Services.

If you send us any feedback or suggestions regarding the Services, you grant to us an unlimited, irrevocable, perpetual, sublicensable, transferrable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation to you.

4.    COPYRIGHT

All copyrighted and copyrightable materials that form part of or otherwise relate to the Services, including the CCMI logo, design, text, graphics, sounds, pictures, and other files, and the selection and arrangement (collectively, the “Materials") thereof are the property of CCMI and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CCMI or the respective copyright owner.

5.    USE OF SERVICES

Customer has entered into a separate agreement (the “General Terms and Conditions”) with us that permits Customer to invite and authorize its employees, customers and others (including you), as applicable, to participate in, access and use the Services. Those General Terms and Conditions contain our commitment to deliver the Services to Customer.

Your right to access and use the Services remains effective until Customer’s registration for you expires or terminates, or your access to the LMS has been terminated by Customer or us. Please contact us if you wish to terminate your account, including if you disagree with any updates to these Terms of Service. 

Subject to your compliance with these Terms of Service, and for the period that Customer provides you with access to the Services, CCMI grants you a limited, non-exclusive, non-transferable and revocable right to access and use, and to download, install and use our mobile applications to access and use, the LMS to learn about CCMI and to enroll in and access Programs and associated materials (the “Program Materials”). You will not use the Services for any other purposes. Such grant does not include: (a) any resale or commercial use of the Services, including the LMS, Programs, Program Materials and our other content; (b) the collection and use of any listings or descriptions of Programs; (c) making derivative uses of the Services, including the LMS, Programs, Program Materials and our other content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly provided above, you are not provided any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CCMI or any third party.

The Services, including the LMS, Programs, Program Materials and our other content, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of CCMI, except that you may download, display and print the materials presented in the Services for the limited purposes set out in these Terms of Service only. You may not, without the permission of CCMI or the respective copyright owner: (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, or (c) remove or alter any copyright, trademark or other proprietary notices contained in the materials. Unauthorized use of the Services (including the LMS, Program Materials and our other content and materials) may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not use, frame or utilize framing techniques to enclose any CCMI trademark, logo or other proprietary information (including the images found in the LMS, Program Materials, the content of any text or the layout/design of any page or form contained on a page) without CCMI’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a CCMI name, trademark, or product name without CCMI’s express written consent. 

You may not modify, adapt, or hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks. You may not attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy or otherwise access or discover the source code or underlying program of any software making up the Services.
You may not use the Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory or any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”).

You may not use the Services in any unlawful manner, including, in violation of any applicable export laws and regulations, or use the Services to store or transmit any content that infringes upon any person’s intellectual property rights. You may not establish a link to any of our websites in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

The Services may permit you to submit, share, post, provide, transmit, display, upload or otherwise make available data, text, images, files, usernames, audio, video, applications, links and other materials, information and content (“Content”), which may be publicly accessed or viewed in the LMS. You are solely responsible for your Content.

CCMI reserves the right to update, modify or substitute, without notice to you, the Services (including the LMS, Programs, Program Materials and our other content) or your Content from time to time. Any updates to the Services are subject to these Terms of Service. You acknowledge that CCMI has no obligation to provide any maintenance or support for the LMS, except where required by applicable law.

6.    ELIGIBILITY AND RESPONSIBILITY

You represent and warrant that you are of the age of majority in your jurisdiction and that you can lawfully create binding legal obligations in accordance with local laws. You understand that you are financially responsible for all participation in, access to and uses of the Services by you and those using your Account.

7.    TERMINATION

You agree that CCMI, in its sole discretion, may terminate your password, Account or use of the Services, or restrict your access to any aspect or component of the Services, for any reason, including for lack of use or if CCMI believes that you have violated or acted inconsistently with these Terms of Service or applicable laws or regulations. CCMI may also, in its sole discretion and at any time, discontinue providing or suspend the Services, or any part thereof, with or without notice. You agree that any termination of access to, discontinuance of, suspension of or restriction of access to the Services or any aspect or component of the Services under any provision of these Terms of Service may be effected without notice and acknowledge and agree that CCMI may immediately cancel your enrolment, deactivate or delete your Account and all related information and files (if any, and in each case including any of your Content) in your Account and/or bar any further access to such files (if any) or the Services. Further, you agree that CCMI will not be liable to you or any third party for any termination, discontinuance, suspension or restriction of access to the Services or any aspect or component of the Services.

8.    DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING THE LMS, THE PROGRAM MATERIALS THEREIN AND ALL SERVER AND NETWORK COMPONENTS), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY CCMI TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THE SERVICES (INCLUDING THE LMS AND PROGRAM MATERIALS THEREIN).  CCMI MAKES NO CONDITIONS, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND.

CCMI EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND IN THE SERVICES, TITLE, NON-INFRINGEMENT AND PERFORMANCE, AND THOSE ARISING BY STATUTE, IN LAW OR EQUITY OR OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

YOU ACKNOWLEDGE THAT CCMI DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT CCMI DOES NOT REPRESENT OR WARRANT THAT ACCESS TO CERTAIN SERVICES, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND CCMI’S CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES (INCLUDING, THE LMS AND PROGRAM MATERIALS THEREIN) ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR BROWSING ON THE SERVICES OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIAL, OR INABILITY TO DO ANY OF THE FOREGOING.

9.    LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF CCMI OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS, SUPPLIERS OR LICENSORS WILL BE LIABLE TO ANY PERSON FOR LOSSES OR DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR THE OPERATION, CONTENT, PARTICIPATION IN, ACCESS TO OR USE OF THE SERVICES (INCLUDING THE LMS AND PROGRAM MATERIALS THEREIN). YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (EVEN IF CCMI HAS BEEN ADVISED OF THE POSSIBILITY OF, OR COULD HAVE FORESEEN, SUCH LOSSES OR DAMAGES IN ADVANCE), INCLUDING, WITHOUT LIMITATION: (I) UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), BREACH OF STATUTORY DUTY, PRODUCT LIABILITY, STRICT LIABILITY AND OTHERWISE, (II) WHETHER DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND (III) WHETHER ARISING FROM LOSS OF REVENUE, INCOME, PROFITS, SAVINGS, SHARE VALUE, GOODWILL, OR USE OF SYSTEMS, PROGRAMS, NETWORKS OR HARDWARE (OR THE RECOVERY OF SUCH), LOST OR CORRUPTED DATA OR SOFTWARE OR OTHER INTANGIBLE LOSSES. CCMI WILL NOT BE LIABLE TO YOU FOR DAMAGES FOR ANY CAUSE RELATED TO OR ARISING OUT OF LOSS OF REPUTATION.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS IN ITS ESSENTIAL PURPOSE.

10.    INDEMNIFICATION

You will indemnify, defend and hold harmless CCMI, its affiliates, and CCMI’s and its affiliates’ respective officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses, including reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or relating to (i) your use of the Services, including but not limited to the LMS and Program Materials therein or any violation by you of these Terms of Service, (ii) your submission of Content, or (iii) any other web sites linked to in the LMS or the contents, services or materials on such web sites. CCMI reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which will not excuse your indemnity obligations. You will use your best efforts to cooperate with us in the defense of any claim.

11.    LINKS

The Services may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by CCMI of the linked web site or information contained therein. CCMI will not be responsible for the content of any other web sites or the provision of services on any other web sites, and makes no representation or warranty regarding any other web sites or the contents, services or materials on such web sites. Your use of any other web sites is subject to and must be in accordance with such web sites’ terms and conditions of use and applicable privacy policies.

If you decide to access other web sites, you do so at your own risk. You will not have any recourse against CCMI with respect to other web sites or the contents, services or materials on such web sites. 

12.    CUSTOMER MATERIALS

Customer may provide or make available materials and other information to you as part of the Services (“Customer Materials”).  Customer is solely responsible for the Customer Materials and we do not investigate or verify the accuracy, completeness, reliability, usefulness, timeliness or currency of the Customer Materials.

13.    COMMUNICATIONS AND SECURITY

Unfortunately, no data transmission (including over the Internet) can be guaranteed as secure. Although we strive to protect such information, CCMI does not warrant and cannot ensure the security of any information which you transmit to us or via the Services. Accordingly, any information which you transmit to us is transmitted at your own risk.

14.    RELATIONSHIP

Customer and CCMI agree that no partnership, joint venture, employment or agency relationship exists as a result of these Terms of Service or use of the Services.

15.    GOVERNING LAW

These Terms of Service, its performance, your participation in, access to or use of the Services and all disputes arising from or relating to these Terms of Service, will be governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia without regard to conflict of laws principles. You further agree that, despite being available from a variety of jurisdictions, the LMS will be deemed solely based in the Province of British Columbia, Canada. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any actions or proceedings arising out of or relating to the enforcement of these Terms of Service. However, you agree that nothing in these Terms of Service precludes our application for injunctive remedies or other urgent legal relief in any jurisdiction.

16.    ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

17.    SEVERABILITY AND WAIVER

These Terms of Service will be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.

Our failure to enforce at any time any provision of these Terms of Service does not constitute a waiver of that provision or of any other provision of these Terms of Service.

18.    NOTICES

All notices to be provided by CCMI to you under these Terms of Service may be delivered in writing via: (a) email (b) mail (registered or certified, postage prepaid with receipt requested); (c) courier; or (d) personally. All notices will be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, 2 business days after being deposited in the mail or dispatched by courier.

19.    HEADINGS

The heading used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

20.    ENTIRE AGREEMENT

These Terms of Service, together with the Privacy Policy and any documents incorporated in or referred to in these Terms of Service, constitute the entire agreement between us and you relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available via the Services. Except as expressly stated in these Terms of Service, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof.

21.    SURVIVAL

Sections 1 (Privacy Policy and Consent to Data Use), 3 (Ownership), 4 (Copyright), 6 (Eligibility and Responsibility), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Links), 12 (Customer Materials), 14 (Relationship) and 15 to 20 (Governing Law; Assignment, Severability and Waiver; Notices, Headings; Entire Agreement) of these Terms of Service, and all sections hereof that by their nature should survive termination, will survive termination or expiration of these Terms of Service.

Effective Date: 2023-07-13