Terms and Conditions

1. ACCEPTANCE OF TERMS
NIȽ TU,O Child and Family Services Society (“NIȽ TU,O”), provides Services (as defined below) to you through this website https://niltuo.ca (the “Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By accessing this website, you acknowledge that you have read, accepted, and agreed to these Terms.

In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. NIȽ TU,O reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were last updated on July 15, 2023.

Our website does not constitute legal advice. The information is intended to assist organizations & families in establishing policy and awareness. You are strongly encouraged to seek legal counsel as well as counsel from insurance companies to receive written opinions concerning the specifics of your/their particular situation as it relates to social media and Internet safety and security, digital literacy, personal safety, and workplace violence prevention.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services.

2. PRIVACY POLICY
Your Credentials, Registration Data and any other information that you provide to us through this Website, as well as certain other information about you, is subject to NIȽ TU,O Privacy Policy . Your privacy is important to us. For more information, please see our Privacy Policy for details.

4. THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

5. USE OF THE WEBSITE
NIȽ TU,O authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of NIȽ TU,O is strictly prohibited. NIȽ TU,O reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and NIȽ TU,O reserves the right to suspend or terminate your access to any part of this Website immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website.

6. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our services for violating any of the prohibited uses.

7. TRADEMARKS AND COPYRIGHT
NIȽ TU,O, other trade names or trademarks of NIȽ TU,O used on this Website, and related words and logos are trademarks or trade names of NIȽ TU,O in Canada and other jurisdictions. NIȽ TU,O is also the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of NIȽ TU,O. The names of other companies, products and services referred to on this Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of NIȽ TU,O or of third parties is strictly prohibited.

The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the NIȽ TU,O materials remains with NIȽ TU,O and any unauthorized use of such materials is strictly prohibited. NIȽ TU,O reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.

8. HYPERLINKS
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. NIȽ TU,O has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.

9. ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal, are unauthorized to use this Website.

You agree not to use this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

10. INDEMNITY
You will defend, indemnify and hold harmless NIȽ TU,O from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, NIȽ TU,O retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

11. DISCLAIMERS
You understand and agree that:

(a) Use of this Website is at your sole risk. This Website is provided on an “as is”, “as available” basis. Neither NIȽ TU,O, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third-party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website, and Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third-party rights, to the maximum extent permitted by law.

(b) Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Website or that the Website will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of accessing the Website, even if you have paid for virus protection services.

(c) The access to and downloading of material from this Website is done at your own risk. NIȽ TU,O makes reasonable efforts to ensure that this Website is virus-free, but NIȽ TU,O does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website.

12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, promotions, or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Website.

13. LIMITATIONS OF LIABILITY
In no event will Company Parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these Terms or the use of this Website. Company Parties will not be liable for any actual or alleged infringement by any third-party materials available through the Website. In no event will the cumulative liability of Company Parties arising out of or related to these Terms exceed the amount paid by you in the one month immediately prior to any Claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 12 is an essential part of the bargain between the Parties and an inducement to the Parties to enter into these Terms.

14. GENERAL
These Terms, the Privacy Policy and all other notices, policies and statements contained on this Website (as may be amended by NIȽ TU,O from time to time without prior notice) constitute the entire agreement between NIȽ TU,O and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.The relationship between NIȽ TU,O and you; neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.

These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada and the laws of Canada applicable in British Columbia, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of British Columbia.

To the extent permitted by applicable law, unless NIȽ TU,O agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to this Website, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude NIȽ TU,O from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

These Terms have been drawn up in the English language. Les présentes modalités ont été rédigées en anglais.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

15. CONTACT US
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any services offered by NIȽ TU,O. Please connect with us at https://niltuo.ca/contact