Stardale Women’s Group Inc. (“Stardale”) welcome you to its websites and any affiliated online products and services which Stardale may develop and offer from time to time, including but not limited to, the Stardale Curriculum for Indigenous Youth Suicide Prevention Program(the “Program”) (collectively, the “Services”), as well as mobile applications or communication platforms related to the websites (altogether, the "Website").  Our mission is to advance public benefit programming in support of Indigenous girls, young women, and their families through education, culture, safety, and community, and to do so in a way that is respectful, inclusive, and affirming. Our comprehensive approach addresses critical service gaps within Indigenous communities through culturally responsive programming and evidence-based practices.

The following sets out the terms and conditions under which you may access and use the Website, and the information and materials contained therein.  By accessing the Website, “you”, the “User” of the Website, are agreeing to be bound by these “Terms of Use”.  If you do not agree with these Terms of Use, you may not access or use the Website, or any information or materials contained therein.

The Website and the information contained therein (including changes to these Terms of Use) may be changed or updated from time to time without notice.  It is your responsibility to check for such changes.  Stardale may revise, supplement or delete any video content, audio content, user-submitted content, written or graphical materials, information, the resources contained in the Website, and any products or services rendered through the Website, including any program materials related to the Services on the Website (collectively, the “Content”), and reserves the right to make such changes without prior notification to past, current or prospective visitors. If you do not agree with any amendment you must stop using and accessing the Website.  Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes. Although Stardale believes this information to be correct at the time it is posted, Stardale does not warrant the accuracy, completeness or currency, or fitness for any purpose whatsoever, of this Content at all times and Stardale cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness, or fitness for any purpose whatsoever, of the Content. 

You may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to, or accessible through, the Website. You may only use the Website for lawful purposes.

1.      LIMITED LICENSE

Subject to these Terms of Use, you are granted a non-exclusive, limited, non-transferable, freely revocable license only to display the Content contained in the Website for your personal, non-commercial use, provided that such Content is not modified and that copyright and other intellectual property notices are not altered or deleted.  You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any Content contained in the Website in any manner or form whatsoever. Unless you have entered into a separate agreement with Stardale, any other use of such materials or information without Stardale’s written permission is prohibited, and all title and copyrights to the Content are owned by Stardale. Stardale may terminate this license at any time for any reason and no reason.

2.      STARDALE SERVICE RULES

You may only use the Website for lawful purposes. You may not interfere with the security or proper operation of the Website or connected systems or networks. The following service rules apply, including prohibitions on scraping, automated access loads, spam, impersonation, reverse engineering where prohibited by law, harassment, unlawful activity, and acts that present a security risk.

3.      PROPRIETARY RIGHTS

For the purposes of these Terms of Use, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any municipality, province, state, country, territory or other jurisdiction.

Except for your User Content (defined below), the Stardale Website and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Stardale Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Stardale and its licensors (including without limitation other Users who post User Content to the Stardale Website). Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Stardale Content. Use of the Stardale Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to contact us to submit comments or ideas about the Website, including without limitation about how to improve the Stardale Website or our services and programs ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Stardale under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Stardale does not waive any rights to use similar or related ideas previously known to Stardale, or developed by its employees or contractors, or obtained from sources other than you.

4.        DISCLAIMER OF ALL WARRANTIES – USE OF CONTENT ON AN AS-IS, WHERE-IS BASIS

THE WEBSITE AND STARDALE CONTENT ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSIONAL HEALTHCARE SERVICE, INCLUDING THE GIVING OF MEDICAL ADVICE. NO DOCTOR-PATIENT, THERAPIST-PATIENT, OR COUNSELLING RELATIONSHIP IS FORMED BY YOUR ENGAGEMENT WITH THE STARDALE CONTENT. THE INFORMATION AND MATERIALS PROVIDED THROUGH THE WEBSITE AND THE STARDALE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND ARE TO BE USED AT THE USER’S SOLE RISK. THEY ARE NOT INTENDED TO BE, AND SHOULD NOT BE CONSIDERED, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

5.      PRIVACY

Our Privacy Policy is attached to these Terms of Use.  Use of the Website requires you to agree to the terms and conditions of our Privacy Policy.

6.      CONTENT THAT YOU SHARE WITH US

Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the Stardale Website, on any of our social media accounts; or (ii) have posted or uploaded to your social media accounts which are tagged with any Stardale promoted hashtag (collectively "User Content"), shall be deemed nonconfidential and nonproprietary. You understand that certain portions of the Stardale Website may allow other Users to view, edit, share, and/or otherwise interact with your User Content

By providing or sharing User Content through the Stardale Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms of Use.  WE CLAIM NO OWNERSHIP RIGHTS OVER THE USER CONTENT CREATED BY YOU. THE USER CONTENT REMAINS YOURS. However, by submitting or posting any User Content, you hereby expressly grant to Stardale and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, for use in connection with the Stardale Website and Stardale's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Stardale Website (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, without attribution and without further notice to you.

Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You also hereby grant each User of the Stardale Website a non-exclusive license to access your User Content through the Stardale Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Stardale Website and under these Terms of Use.

By submitting or posting User Content on the Stardale Website, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:

i)                 you own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms of Use, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;

ii)               you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;

iii)              your User Content and Stardale's use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;

iv)              the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files;

v)               Stardale may exercise the rights to your User Content granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise, and you agree to indemnify and hold harmless Stardale for any third party or User claims against Stardale in respect of any of the foregoing amounts; and

vi)              to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

You are solely responsible for the User Content and you hereby agree to indemnify and hold Stardale and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Stardale does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or any other User. By submitting or posting the User Content you fully and unconditionally release and forever discharge Stardale, its affiliates and  each of their respective officers, directors, employees, contractors, agents and representatives from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more Users or any other person or entity, or (ii) the use by Stardale or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms of Use violates any of your or any third party’s Intellectual Property Rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity.

You acknowledge and agree that Stardale has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by you or any third party of any User Content.

Upon request by Stardale, you will furnish Stardale any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. Stardale has no liability or responsibility to Users for performance or nonperformance of such activities.

STARDALE HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST STARDALE FOR SUCH REMOVAL AND/OR DELETION. STARDALE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE STARDALE WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE STARDALE WEBSITE OR ANY OTHER SITES OR PLATFORMS.

7.      COMMUNICATIONS THROUGH THE WEBSITE / E-MAIL

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered.  Stardale is not liable for any damages related to communications to, or from, the Website.  You agree with respect to any information provided by you to us through the Website or via e-mail that:

• Stardale has no obligation concerning such information;

• the information is non-confidential;

• Stardale may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and

• the information is truthful, and disclosure of the information does not violate the legal rights of others.

8.      LINKS TO THIRD PARTY WEBSITES

Stardale does not control any third-party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Website. Stardale provides such links only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by Stardale of the linked website or information contained therein, and Stardale does not make any representations regarding the privacy practices, content or accuracy of materials on such third-party sites.

9.      INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on the Website.  Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

Stardale shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the information or materials from the Website.  Stardale recommends that you install appropriate anti-virus or other protective software.

10.   DISCLAIMER OF WARRANTIES

THE WEBSITE, AND ALL CONTENT, MATERIALS AND INFORMATION CONTAINED THEREIN, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" AND ARE USED BY YOU AT YOUR SOLE RISK.  STARDALE MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STARDALE HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE.

IN ADDITION, WITHOUT LIMITING THE FOREGOING, STARDALE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.  THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  STARDALE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE OPERATION OF, OR ANY INFORMATION OR MATERIALS CONTAINED IN, THE WEBSITE.

11.   EXCLUSION OF LIABILITY

AS ABOVE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND CONTENT, INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STARDALE OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR WITH ANY LINKED THIRD-PARTY WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, BY USING OUR WEBSITE AND STARDALE CONTENT, YOU AGREE THAT STARDALE’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE INFORMATION OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE PRECEDING SIX MONTHS OF THE APPLICABLE CLAIM OR ONE HUNDRED  ($100.00) CANADIAN DOLLARS. 

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR STARDALE TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY STARDALE, STARDALE WOULD NOT PROVIDE THE WEBSITE OR STARDALE CONTENT WITHOUT CHARGING SUBSTANTIAL FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12.   INDEMNIFICATION

You agree to indemnify and hold Stardale and its officers, directors, shareholders, predecessors, successors, assigns, employees, and agents harmless against all claims or liability asserted against Stardale arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

13.   GENERAL

Stardale is headquartered in Alberta, Canada and the Website is controlled, operated and administered by Stardale from Alberta, Canada. The Website can be accessed from all areas of Canada, United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Canada and the United States, by accessing the Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the province of Alberta and those of Canada applicable therein (without reference to conflicts of laws principles).  You agree that any legal action or proceeding between you and Stardale which in any way concerns these Terms of Use or the use of the Website or any materials or information contained therein shall be brought exclusively in the courts in the Province of Alberta, in the city of Calgary.  You irrevocably waive any objection, including any based on the doctrine of forum non conveniens, to the exclusive jurisdiction and venue of such courts. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Stardale relating to any such dispute and you also agree to opt out of any class proceedings against Stardale.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.

Notwithstanding the foregoing, any dispute, controversy or claim arising out of or relating to these Terms of Use or the use of the Website shall be resolved by final and binding arbitration administered in accordance with the Alberta Arbitration Act. The arbitration shall be conducted in the City of Calgary, Alberta, before a single arbitrator mutually agreed upon by you and Stardale. If the parties are unable to agree on an arbitrator within thirty (30) days of notice of arbitration, the arbitrator shall be appointed in accordance with the Alberta Arbitration Act. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding, and enforceable in any court of competent jurisdiction.

Stardale makes no representation that access to the Website or that the information contained therein is appropriate or legal in all jurisdictions.  You may not access the Website or use any information in those jurisdictions where it would be illegal.  In any case, your access to the Website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.

Stardale’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

Sections 4, 5, 6, 7, 11, 12, 13 and 14 shall survive any termination, expiry or subsequent amendment of these Terms of Use.

14.   CONTACT INFORMATION:

Stardale Women’s Group Inc. at stardalecharity@gmail.com.