Please read these terms of use carefully before using this website as they represent a binding agreement (the “Agreement”) between each user of our website (“you” or “your”) and [Staywell Suites Charity ] (referred to as “Staywell”, “we”, “us” or “our”).

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If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website.

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You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.

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These terms of use are current as of the date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. If we do this, we will post the changes to these terms of use on this website. Your continued use of this website after any such changes constitutes your acceptance of the revised terms of use.

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Use of Our Website

 

StayWell is not responsible for any errors or omissions on our website or in our website materials. We may discontinue or modify any aspect of this website in our sole discretion and without prior notice or liability, including restricting the timing this website is available and restricting or terminating any user’s right to use this website. Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. StayWell is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason. This website is only intended for access and use by users located within Canada.

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You may access our website for your own personal use, and in compliance with all applicable laws. All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.

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Donations

 

StayWell is a registered charity with the goal of changing the landscape of medical stays in Canada. Our primary mission is to remove a major financial barrier to life-saving treatments that are only offered in large city centers by offering affordable accommodations to patients and healthcare workers who must stay away from their home for treatment or to provide care.

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Our website offers a user-friendly way for individuals to sign up to become volunteers or to make donations to support StayWell. In order to complete a volunteer application form or make donation on our website, you will need to provide certain information required for each process, such as your name, a valid address, and your email address. In addition, you will be required to provide your payment information as part of the donation process, such as your credit card information to facilitate payment. Should you choose to become a volunteer or make a donation, you agree to provide true, accurate, current and complete information about yourself.

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Content and Trademarks

 

All content on this website, including designs, text, graphics, pictures, video, information, software, music and other audio content, and their selection and arrangement (collectively the “Content”) are the property of StayWell or our licensors with all rights reserved. Content displayed on or through our website is protected by copyright. Any reproduction, modification, creation of derivative works from or redistribution of any Content is prohibited without the express written consent of StayWell.

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StayWell and the StayWell logo are registered trademarks of Staywell. All other trademarks are either owned by StayWell or by other organizations. Other trademarks or logos are the property of their respective owners..

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Although StayWell does not claim ownership of content that its users post on our website, by posting content to any area of our website that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Staywell an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute your content, and create compilations and derivative works from such content, as part of our website or otherwise.

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Your Conduct

 

To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:

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(a) is unlawful; (b) includes personal or identifying information about another person without that person’s explicit consent; (c) impersonates any person or entity, including, but not limited to, a Staywell employee, or falsely states or otherwise misrepresents an affiliation with a person or entity; (d) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) is harmful, threatening, abusive, harassing, defamatory, pornographic; (f) harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (g) constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or (j) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.

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You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, StayWell or any other person as a result of your submission of any information on or through our website.

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StayWell reserves the right to refuse to post or to remove any content, in whole or in part, in our sole discretion for any reason.

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Disclaimer Regarding Third Party Content

 

Our website may offer access to third-party websites and content available over the Internet. StayWell exercises no control over such third-party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third-party websites. Inclusion of a link to third party-content does not imply endorsement by StayWell of such content. You further agree that StayWell shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third-party websites or content.

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Disclaimer of Warranties and Liability

 

Our website (including its Content) is provided on an “as is” and “as available” basis without any warranty or condition of any kind, either express or implied, including but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.

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StayWell does not warrant the accuracy or completeness of the Content. StayWell and its affiliates, and their respective directors, officers, employees, successors, assigns, agents and service providers, shall not be liable for any direct, indirect, special incidental, consequential, exemplary or punitive damages. If and to the extent that the preceding provision does not apply to any claim made by you, the maximum aggregate liability of StayWell to you for all claims directly or indirectly arising from or in connection with use of this website shall not exceed one hundred Canadian dollars (CAD $100). Nothing in this section will operate to exclude or restrict StayWell’s liability (if any) to you for any matter for which it is not permitted by law to exclude or limit its liability. StayWell makes no commitment to update the information contained herein.

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Indemnity

 

You agree to indemnify and hold StayWell and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

 

General Matters

 

These terms of use constitute the entire agreement between you and StayWell regarding your use of our website, superseding any prior agreements between you and StayWell. These terms of use and the relationship between you and StayWell shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and StayWell agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of StayWell to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. You may not assign any of your rights and obligations under this Agreement; StayWell may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

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You agree to indemnify and hold Staywell and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.