Last Updated: July 6, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
The Canadian Olympic Committee (“COC”) is a national, private, not-for-profit organization committed to transforming Canada through the power of sport. It is responsible for all aspects of Canada’s involvement in the Olympic Movement, including Canada’s participation in the Olympic, Youth Olympic and Pan American Games and a wide variety of programs that promote the Olympic Movement in Canada.
The Canadian Olympic Foundation (“COF”) is a national registered charity whose mission is to generate support to meet the technical, scientific, medical and coaching needs of Canada’s high performance sport system and assist Canada’s athletes in becoming ambassadors for sport, healthy living and the pursuit of excellence across the nation.
BY ACCESSING OR USING THE SERVICES, OR BY CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND TO ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If we, in our sole discretion and without notice, consider that there is an immediate security or operational risk to the Services or any of its, your or a third party system, then we may immediately suspend access to or use of the Services or any part of the Services. If you fail to comply with this Agreement, without limiting any other right or remedy available to us, we may suspend or terminate your access and use or the Services. We have no liability to you for suspending or terminating the Services.
1. Ability to Enter into this Agreement and Use of the Services
The COC/COF grant you permission to use the Services only as set out in this Agreement, including the restrictions on use set out in this Agreement. In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence and be fully able and competent to enter into this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
2. Your Account
You may register for a COC/COF account when you use the Services. If you choose to register and create an account, you must provide the information reasonably requested by us for that purpose. You are responsible for maintaining the confidentiality of your user name and password. We recommend that you use a strong password and that you change it frequently. You agree not to disclose your user name or password to any third party. We may reject, or require that you change, your user name or password. You are solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify us immediately. It is your responsibility to update or change your account information, as appropriate.
3. Intellectual Property
The COC/COF either owns the Services and the intellectual property rights in the Services, including all software, trademarks, logos, product names, designs, text, documentation, layout, photographs, images, graphics, audio, video, designs and functions, files, documents, and other materials and content, as well as all derivative works of any of those (“Materials”), or has obtained the permission of the owner of the relevant intellectual property for use in connection with the Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, alter, modify, rent, disseminate, download, edit, exploit, license, assign, lease, loan, process, provide any third party access to, perform, display, distribute, re-distribute, publish, re-publish, transmit, re-transmit, transfer, repackage, or create derivative works based on, the Services or Materials, in whole or in part. When expressly permitted by the COC/COF on the Services, you may download, copy or share certain authorized Materials displayed on the Services for your personal non-commercial use provided you do not delete or change any copyright, trademark, or other proprietary notices on the Materials. No right, title, or interest in any downloaded Materials is transferred to you as a result of any such downloading, copying or sharing.
The COC/COF enforces its intellectual property rights to the fullest extent of the law. We reserve all rights that are not specifically granted under this Agreement.
4. Feedback and Your Content
You agree that any ideas, suggestions, recommendations, request, and other submissions disclosed to the COC/COF or otherwise disclosed, submitted, or offered in connection with the Services (“Feedback”) are and will be our exclusive property without any compensation or other consideration payable to you by us. Any submission of any Feedback is an assignment to the COC/COF of all rights on a worldwide basis in perpetuity to COC/COF in any Feedback and, as applicable, you waive any moral rights in any Feedback. The COC/COF is under no obligation to (1) maintain any Feedback in confidence; (2) compensate you or anyone else for any Feedback submitted; or (3) respond to any Feedback. COC/COF may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative, into the Services or otherwise.
The Services may allow you to share, post, upload or publish content (“Your Content”). None of Your Content may violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights and none of Your Content may contain libelous or otherwise unlawful, abusive, or obscene material. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content.
5. Contests & Sweepstakes
Your entry or participation in any contest, sweepstakes, promotion or other similar offering on the Services (each a “Contest”) shall be subject to and governed by the specific rules and regulations in respect of that Contest. By participating in any Contest or requesting promotional information or updates on any Contest, you agree that the COC/COF may use the information you provide for promotional purposes.
6. Acceptable Use and Conduct
You agree that you will not use the Services in a manner that:
- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
- contains viruses, Trojan horses or any other computer code, files, or programs or software designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, age, or in any other manner, or is otherwise objectionable, as determined by the COC/COF;
- impersonates a COC/COF employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Services or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Services or prevents others from using the Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other persons’ ability to use the Services;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Services or the content contained therein;
- facilitates the unlawful distribution of copyrighted content;
- except as expressly permitted by the COC/COF, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Services to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Services;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Services for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of COC/COF or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services;
- posts adult or pornographic content;
- decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other COC/COF technology;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Services;
- accesses the Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Services;
- accesses the Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- accesses the Services to upload any content or computer code for the purposes of: (i) causing a breach or override of security to the Services; (ii) interfering with the proper working, functionality or performance of the Services; or (iii) preventing others from accessing or using the Services.
7. Maps and Mapping Products
Maps and mapping products may be made available by COC/COF on the Site. Any maps or mapping products made available may not be reproduced in whole or in part (including the creation of electronic or mechanical copies for storage or distribution) without the written authorization of COC/COF and COC/COF shall have no responsibility or liability for any loss (direct, consequential or otherwise) which may arise from any reliance on any such maps. The description or appearance of any feature (or lack thereof) in any such maps does not imply any commitment or agreement to the actual inclusion (or absence) of such feature.
YOUR USE OF THE SERVICES AND ALL MATERIALS AND CONTENT FORMING PART OF OR RELATED TO THE SERVICES, INCLUDING ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICES ARE NOT GUARANTEED TO BE ERROR-FREE OR UNINTERRUPTED. THE COC/COF ASSUMES NO RESPONSIBILITY AND PROVIDES NO WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) OR UNDER STATUTE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE QUALITY, ACCURACY, TRUTH, TIMELINESS, SEQUENCES, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUED AVAILABILITY OF THE SERVICES.
THE COC/COF DISCLAIMS ANY WARRANTY, REPRESENTATION, CONDITION, AND ANY OTHER TERM THAT THE SERVICES OR ANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME COC/COF MAY REMOVE THE SERVICES OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SERVICES OR OTHER ACTIONS THAT COC/COF, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. COC/COF MAKES NO GUARANTEE REGARDING THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SERVICES.
THE COC/COF IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES PROVIDERS, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY THE COC/COF.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COC/COF OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SERVICES ARE OFFERED AND CONTROLLED BY THE COC/COF FROM ITS FACILITIES IN CANADA. THE COC/COF MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
9. Third Party Sites and Content
The Services may permit you to link to or access other websites or resources on the Internet or to access services provided by third parties (“Third Party Services”). These Third Party Services are not under COC/COF’s control, and you acknowledge that The COC/COF are not responsible for the availability of Third Party Services and do not endorse and are not responsible or liable for any Third Party Services, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of Third Party Services. COC/COF makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. You further acknowledge and agree that COC/COF will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Services. You use any Third Party Services at your own risk. Your dealings with the provider of any Third Party Services are solely between you and the provider. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly. You use any Third Party Services at your own risk.
10. Exclusive Remedy & Limitation of Liability
NONE OF THE COC, COF, ANY OF THEIR DIRECTORS, MEMBERS, EMPLOYEES, VOLUNTEERS OR AGENTS MAY BE LIABLE (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OR IN ANY MANNER CONNECTED WITH THE SERVICES OR THE MATERIALS OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATIONS ANY DAMAGES CAUSED BY OR RESULTING FROM THE RELIANCE ON ANY INFORMATION OBTAINED ON THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS OF FILES AND/OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS OR FAILURE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE, WHETHER IN AN ACTION IN CONTRACT, RESPONSIBILITY, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COC/COF, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COC/COF’S RECORDS, PROGRAMS OR SERVICES. THE COC/COF’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $50; AND (B) THE TOTAL AMOUNTS YOU PAID TO COC/COF IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE OR OTHER JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, COC/COF’S LIABILITY IN JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW.
THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR WITH RESPECT TO THIRD PARTY SERVICES. YOU ALSO AGREE THAT THE COC/COF WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
COC/COF WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, LIABILITIES, LOSSES OR ANY OTHER CONSEQUENCES THAT YOU MAY INCUR AS A RESULT OF ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.
You agree to indemnify and hold the COC/COF, its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, members, employees and representatives (together, the “Indemnified Parties”), harmless from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, or your use of the Services, including in relation to: (a) your use, non-use or misuse of, or connection to the Services and any Materials; (b) your violation or alleged violation of this Agreement or any applicable laws; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. The COC/COF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COC/COF and you agree to cooperate with COC/COF’s defense of these Claims. You agree not to settle any matter without the prior written consent of COC/COF. COC/COF will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
Without limiting the foregoing, COC/COF shall have the right to immediately terminate your access to the Services in the event of any conduct by you which the COC/COF, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement and/or any applicable laws and/or any rights of another person. COC/COF reserves the right to modify, suspend or discontinue the Services, or any portion thereof, at any time and for any reason, with or without notice.
13. Waiver and Severability of Terms
The failure of the COC/COF to exercise or enforce any right, remedy, or provision of this Agreement shall not constitute a waiver of such right or provision and that those rights or remedies will still be available to COC/COF.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.
14. Limitation of Time
You agree that regardless of any statute or law to the contrary, any Claim or cause of action arising out of or related to the Site or this Agreement must be filed within one (1) year after such Claim or cause of action arose or be forever barred.
15. Governing Law
This Agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts of Ontario.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
The sections of “Intellectual Property Rights”, “Feedback”, “Contests & Sweepstakes”, “Feedback”, “Disclaimers”, “Exclusive Remedy and Limitation of Liability”, “Limitation of Time”, “Indemnification”, “Governing Law”, “Survival”, and “Entire Agreement” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
17. Entire Agreement
This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
You may contact COC/COF by email at email@example.com or by mail at:
250 Yonge St, Suite 3000
PO Box #19
Toronto, ON Canada M5B 2L7