The Dr. Jay Chartiable Foundation - providing Pediatric Palliative Care funding and support, helping families face terminal illness with dignity and determination.

User Agreement (the "Agreement")

This Agreement sets out the terms pursuant to which any individual, group, corporation, company, organization or association (a"User") may use The Dr. Jay Charitable Foundation (hereinafter "Dr. Jay") web site and its associated services.

Use of Site
Neither this site, nor any portion thereof may be reproduced, duplicated, copied, sold, encumbered, assigned or otherwise exploited for any commercial purpose that has not been expressly permitted by Dr. Jay. If Dr. Jay reasonably believes that a User's conduct violates any applicable law or may be detrimental to the interests of Dr. Jay, its affiliates, any other User, or any listed service, Dr. Jay reserves the absolute right to do any thing that it considers necessary to address that conduct. For greater clarity, and without limiting the generality of the foregoing, Dr. Jay reserves the right to refuse service, terminate a User's access to the site, terminate a User's account, and/or cancel an information request. The phrase "conduct detrimental to the interests of Dr. Jay" will include the submission by a User, of any false or potentially misleading information whatever.

Intellectual Property Rights/Copyright
All rights, titles and interests in and to this site, including without limitation all text, the compilation of content, graphics, logos, button icons, images, audio-clips, and software, including all proprietary rights therein including all patent rights, trade secrets and copyrights, shall remain the exclusive property of Dr. Jay or any listed service and is protected by Canadian and international copyright law, including the Berne Convention.

This site and the content thereof, may be used in the planning, organizing and execution of corporate and private events. Any other use, including the reproduction, modification, imitation, distribution, transmission, publication, or display of any site content, is strictly prohibited. No interest, license or any right respecting the Information, other than expressly set out herein, is granted to a User under this Agreement by implication or otherwise.

Dr. Jay respects the intellectual property rights of others and would not knowingly infringe on such rights. However, if you reasonably believe that your intellectual property rights have been violated in a manner that constitutes copyright or trademark infringement, please provide Dr. Jay with notice containing the following information:

A description of the copyrighted work or trademark that has been allegedly infringed;
A description of where the allegedly infringement material is located on the Dr. Jay site;
The name or authorized agent of the owner of the copyright or trademark interest in question;
Contact information, including the name, address, telephone number, fax number and email address of the legal representative of the owner of the copyright or trademark interest in question;
A signed good faith statement that the materials in question have been used in violation of a valid copyright or trademark interest; and
A signed statement attesting that the information contained in the notice is accurate and that the signatory is or acting on behalf of the owner of the intellectual property in question.

Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, DR. JAY PROVIDES THIS SITE TO A USER, AND PROVIDES THE EQUIPMENT, THIRD PARTY SOFTWARE AND SERVICES TO A USER ON AN "AS IS" BASIS. DR. JAY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. LM DOES NOT REPRESENT OR WARRANT THAT (i) THE CONTENT, INFORMATION, OR PRODUCTS WILL MEET USER'S BUSINESS REQUIREMENTS, OR (ii) THE OPERATION OF THE SITE WILL BE VIRUS-FREE OR ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM ITS USE WILL BE ACCURATE OR RELIABLE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE IS ASSUMED BY A USER.

Limit of Liability
(a) IN NO EVENT WILL DR. JAY, OR ANY THIRD PARTY SERVICE OR DISTRIBUTOR BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF COVER, DAMAGES FOR DELAY, PUNATIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS, LOSS OF ENJOYMENT OR ANY CLAIM AGAINST EVENT ORGANIZER BY ANY OTHER PERSON WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR THE CONTENTS THEREOF, (ii) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR INFORMATION OR RESERVATIONS), OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY DR. JAY OR ANY THIRD PARTY PROVIDER OR DISTRIBUTOR, (EVEN IF DR. JAY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES).

(b) Dr. Jay shall be liable to a User as expressly provided in this Agreement but shall have no other obligation, duty, or liability whatsoever in contract, tort or otherwise to a User including any liability for negligence. The limitations, exclusions and disclaimers in this Agreement shall apply irrespective of the nature of the cause of action, demand, or action by a User, including but not limited to breach of contract, negligence, tort, or any other legal theory and shall survive a fundamental breach or breaches or the failure of the essential purpose of this Agreement or of any remedy contained herein.

(c) Neither party shall be responsible or liable for any loss, damage or inconvenience suffered by the other or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the other party to comply with its obligations under this Agreement.

(d) Neither party may bring an action, regardless of form, arising out of or related to this Agreement (other than to recover fees or expenses due to Dr. Jay) more than two (2) years after the cause of action has arisen or the date of discovery of such cause, whichever is later.

(e) a User agrees to indemnify and hold Dr. Jay harmless from and against any claims, suits, actions or proceedings (a "Claim") brought and judgments awarded against Dr. Jay by any client of a User or an Affiliate of a User or any other person or entity in respect of which the site information is used to the extent that such Claims are based upon any loss or damage suffered by such persons as a result of such use of the site. Dr. Jay shall give a User prompt written notice of such Claims, permit a User to defend and/or settle such claims, and give a User all information and assistance reasonably requested by a User in connection with such claims. Affiliates shall not have the right, and a User shall ensure that Affiliates do not, institute any claim directly against Dr. Jay under or related to this Agreement.

Privacy
The User agrees and acknowledges that the privacy policy has been read, and that the terms thereof are incorporated herein. Further, the User agrees and acknowledges that the terms of the privacy policy are reasonable and consents to the use of their personal information in accordance with terms set forth in the privacy policy.

Comments & Reviews
Dr. Jay invites a User to post reviews of and comments regarding the services and products featured on the site. A User who posts such a review or comment agrees and acknowledges by doing so, Dr. Jay has been granted a perpetual, non-exclusive, irrevocable, assignable, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works therefrom, distribute and display such reviews and comments, and any information contained therein, in any fashion whatsoever, at the sole discretion of Dr. Jay.

Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable thereto without reference to its conflict or choice of law rules or principles. The parties hereby submits to the exclusive jurisdiction of the courts of the Province of Ontario for any legal action arising out of this Agreement or the performance of the obligations hereunder or thereunder. Regardless of an User's residency, citizenship or location, this Agreement shall be deemed to be made in the Province of Ontario and the User agrees not to commence any action, suit or proceeding against Dr. Jay or any affiliate of Dr. Jay or any of their employees, officers or directors in any jurisdiction other than the Province of Ontario.

Waiver
No modification, addition to or waiver of any rights, obligations or defaults shall be effective unless in writing and signed by the party against whom the same is sought to be enforced. One or more waivers of any right, obligation or default shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure of Dr. Jay in exercising any right hereunder and no partial or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any other rights hereunder.

Severance
The parties agree that it is the intention of each party not to violate any public policy, statutory or common law or government regulation. To the extent that any provision, portion or extent of this Agreement is deemed to be invalid, illegal or unenforceable, such provision, portion or extent shall be severed, deleted or limited so as to give effect to the intent of the parties insofar as possible and the parties will use their best efforts to substitute a new provision of like economic intent and effect for the illegal, invalid or unenforceable provisions and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.

Modification
Dr. Jay reserves the right to change the web site, services, products displayed, disclaimers, terms and conditions at any time and at its sole discretion and without notice to Users.

Language
The parties hereto have requested that this Agreement be drafted in English. Les parties aux présentes ont exigé que le présent contrat soit rédigé en langue anglaise.

What is a privacy policy?
A privacy policy is an explanation of how and why a web site collects information from its users, as well as providing a description of the manner in which the site uses this information.

Why has Dr. Jay published a privacy policy?
Dr. Jay has published this policy so that you, the visitors and users of our site, will understand the importance of your patronage to our company. Dr. Jay knows that you place your trust in our company when you provide us with your personal information, in return Dr. Jay wishes to let you know how we are safeguarding your information and the ways in which we would like to use your information.

What information does Dr. Jay collect from its users?
As you navigate the Dr. Jay site, various prompts will request different information from you (e.g. selecton of an event, and so on).

The amount and type of information you will provide is dependent upon the type of services you use on the Dr. Jay web site. You may be asked to provide the following information:

Your name
Your email address
Your contact information (i.e. address, telephone number)
Your credit card number

While not all the information provided by Users is submitted directly to Dr. Jay, Dr. Jay uses a type of user identifier known as a "cookie". Cookies are used to identify and record the virtual address of the computer used by a user to access the Internet and the Dr. Jay web site.

What does Dr. Jay do with the information gathered?
Dr. Jay does not sell or provide any of the User information provided to management firms, market research companies or any other third party.

Dr. Jay may also use a User's information in the following fashions:

IP addresses may be used to assist in the diagnosis of problems with the Dr. Jay server, to aid in the administration of the Dr. Jay site, or to ensure that an user is not annoyed by the repetitive display of an advertisement.
Dr. Jay may place a cookie on a User's computer hard drive, so that the Dr. Jay system will be able to remember a User's preferences, login information and passwords, essentially to personalize a User's experience with the Dr. Jay site. The cookie also allows Dr. Jay to provide content specific information to an user in the form they prefer. If a User would prefer not to have a cookie placed on their hard drive, this function can be disabled through the User's web browser.
To provide User's with preference based direct marketing of promotional events and products available through the Dr. Jay web site, to contact users in respect interests identified by users, to provide updates regarding the site and to provide users with special offers from Dr. Jay or its affiliates. User's can opt out of this feature.

When does the privacy policy cease to apply?
The privacy policy will cease to apply if Dr. Jay reasonably believes that a User's conduct violates any applicable law or may be detrimental to the interests of Dr. Jay, its affiliates, any other User, or any listed service. For greater clarity, conduct detrimental to the interests of Dr. Jay" will include the submission, by a User, of any false or potentially misleading information whatever. In such a case, Dr. Jay reserves the right to advise any or all of the listed parties of the User's name and other identifying information.

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