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Terms of Use

1. Introduction

1.1. These Terms of Use (the “Terms”) govern your use of the www.calmversation.org website (the
“Site”), which is owned and operated by the calmversation education foundation (the
“Foundation,” “we”, “us”). By accessing and using the Site, you agree to be bound by these Terms.
If you do not agree to be bound by any of the terms, please do not use this Site. The Foundation has
the right to revise at any time the Terms without providing notice. Check this page to ensure you
are familiar with the current version of the Terms. Your continued use of the Site following the
posting of any changes to the terms means you accept the changes.

2. The Modules

2.1. The Foundation licenses the calmversation™ modules (the “Modules”) from MissyJena Media
Innovations Inc. (“MissyJena”). The Modules are discussion-based programs with games,
activities, concept videos and worksheets to promote respectful communication, creativity, problem
solving and social emotional intelligence.

2.2. The content within each Module is for informational purposes only. It is not intended for the
content to be relied upon as professional or expert advice or opinions. You should make your own
judgment on the applicability of the content to your needs or seek advice, opinions and
recommendations before acting or omitting to act based on any content.

3. License

3.1. We grant you a non-transferable, non-exclusive, revocable, limited licence to use and access the
Site and use the Modules solely for your own personal, non-commercial use.

3.2. You may not at any time modify the Modules in any way or reproduce, post, publish or share the
Modules on any other websites, forums, social media sites or other platforms.

3.3. The Foundation reserves the right to terminate your licence to use the Modules at any time for any
reason, including but not limited to your breach of these Terms.

4. User Account

4.1. Prior to downloading a Module, you will be required to register for a user account (an “Account”).
It is your responsibility to ensure that all information, content, material, or data you provide in your
Account is at all times correct, complete, accurate, and not misleading. We accept no responsibility
for any loss or damage to you arising from Account information that is not correct, complete, and
accurate, or is misleading.

4.2. During the Account registration process, you will select login credentials. Login credentials may
only be used by you or authorized users to whom the login credentials are assigned. Login
credentials may not be shared with unauthorized individuals. It is your responsibility to keep all of
your Account information confidential, including but not limited to your login credentials. You are
solely responsible for all activities undertaken through your Account. You must notify us
immediately of any unauthorized or suspected unauthorized use of your Account. We accept no
responsibility for loss or damage resulting from failure to keep your information confidential or
from failing to notify us of unauthorized use of your Account.

4.3. We may, in our sole discretion, terminate your Account and your access to the Service at any time
if you are in breach of the Terms.

5. User Content

5.1. The Site may allow users to post, link, share or otherwise make available certain text, graphics,
videos or other materials (“User Content”). You are solely responsible for all User Content you
post, including its legality, reliability and appropriateness according to these Terms.

5.2. By posting User Content on our Site, you represent and warrant that:

  a) you own the User Content or have the right to use it and grant us the rights and license as
provided in these Terms;

  b) the postings of your User Content on or through the Site does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person

  a) The Foundation reserves all rights to block or remove any User Content on or through the
Site that we determine to be:

      i) abusive, defamatory, or obscene;

      ii) fraudulent, deceptive, or misleading;

      iii) in violation of a copyright, trademark, or other intellectual property right of another;

      iv) offensive or otherwise unacceptable, in our sole discretion.

  d) By posting User Content, you grant the Foundation the right and license to use, modify,
publicly perform, display, reproduce and distribute such User Content on and through the
Site. You retain any and all of your rights to any User Content you submit and are
responsible for protecting those rights.

6. Third Party Links

6.1. The Site may contain links to external third party websites. Organizations that are independent of
Foundation maintain these sites. The Foundation does not assume responsibility for the accuracy or
appropriateness of information on linked sites. The provision of a link does not constitute an
endorsement of an external organization. The use of third party websites is at your own risk and is
subject to the terms of use of such websites. The Foundation cannot control external websites that
link to the Site. Such links do not indicate endorsement of those external websites or the
organizations that operate them.

7. Prohibited Activities

7.1. You must not use the Site in any way that damages the Site or impairs its availability, or in any way
which is unlawful, illegal, fraudulent, or harmful.

7.2. You must not use this Site to copy, store, host, transmit, send, use, publish, or distribute any
spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious
computer software.

7.3. You must not conduct any data collection activities – including scraping, data mining, data
extraction, and data harvesting – on this Site.

7.4. You must not use this Site to send unsolicited commercial communications or for any purposes
related to marketing without written permission from the foundation.

8. Disclaimers

8.1. The Site is provided on an “as is” and “as available” basis, and you acknowledge and agree that
you use the Site at your own and sole risk. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to, implied warranties of merchantability, and
fitness for a particular purpose, title and non-infringement.

8.2. Without limiting the generality of the foregoing, we make no guarantees in relation to the

  a) the Site will meet your requirements or expectations;

  b) the Site will be uninterrupted, timely, secure, or error-free;

  c) the accuracy, quality or reliability of the Site;

  d) any information you provide will not be disclosed to third parties; or

  e) third parties will not use your confidential information in an unauthorized manner. Under
no circumstances will we be responsible for any loss or damage, including personal injury
or death, resulting from anyone’s use of the Site or any conduct or interactions between
users of our Site.

9. Limitation of Liability

9.1. You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their
directors, officers, managers, partners, agents, other representatives, employees and customers shall
be held responsible or liable in any way for any punitive, exemplary, consequential, incidental,
indirect or special damages arising from or in connection with the Site, the Modules, or any other
information, products or materials that you request or receive through or on the Site, whether under
a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been
advised of the possibility of such damages.

9.2. Without limiting the generality of the above, we assume no liability for accidents, delays, injuries,
harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of
information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual
injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated
savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind
arising from your use of the Site, the Modules, or any information, products or materials that you
request or receive through or on the Site. You specifically acknowledge and agree that we are not
liable for any defamatory, offensive or illegal conduct of any other Site participant or user,
including you.

9.3. You acknowledge and agree that the disclaimers of warranties above and these limitations of
liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that
if you did not agree to these limitations of liability you would not be permitted to use the Site. You
acknowledge and agree that such provisions are reasonable and fair.

10. Privacy

10.1. Your privacy rights are outlined in the Site’s Privacy Policy. Please review the Privacy Policy to
learn about what information the Foundation may collect about you and what is done with that

11. No Advice

11.1. Any advice that may be provided on the Site is for informational purposes only and is not intended
to replace or substitute the advice of a professional. The Foundation makes no representations or
warranties and expressly disclaims any and all liability concerning any treatment, action by, or
effect on any person following the information offered or provided within or through the Site. If
you have specific concerns or a situation arises in which you require professional advice, you
should consult with an appropriately trained and qualified specialist.

12. Intellectual Property Rights

12.1. The Foundation owns and retains all proprietary rights in the Site and any trademarks, trade names,
service marks and other intellectual property rights related thereto. The Site contains the
copyrighted material, trademarks, and other proprietary information of the Foundation. The
Foundation is also an authorized user of the Canadian trademark for calmversation™.

12.2. By accessing the Site and its Content or services, you agree that:

  a) you will not copy, modify, transmit, create any derivative works from, make use of, or
reproduce in any way any copyrighted material, trademarks, trade names, service marks, or
other intellectual property or proprietary information accessible through the Site or the

  b) you will not remove, obscure or otherwise alter any proprietary notices appearing on any
content or Materials, including copyright, trademark and other intellectual property notices;

  c) you will not in any way at any time use, copy, adapt, imply or represent that our Site or the
Modules are yours or are created by you.

12.3. Subject to Article 3, no licence is granted to you or any other party for the use of the Foundation’s
intellectual property or the Modules or Materials. No other rights of use or ownership are granted to
you in the Site or the Modules or Materials.

13. Indemnity

13.1. You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of
our and their directors, officers, managers, members, partners, agents, other representatives,
employees and customers (each an “Indemnified Party” and collectively, the “Indemnified
Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including
without limitation, attorneys’ fees and costs, investigation costs and settlement expenses, incurred
in connection with any investigation, claim, action, suit or proceeding of any kind brought against
any Indemnified Party arising out of your use of the Site, any alleged or actual infringement of the
intellectual property rights of any party, any injury or damage to property or person, any act by you
in connection with any user of the Site or any other third party, or alleging facts or circumstances
that could constitute a breach by you of any provision of these Terms and/or any of the
representations and warranties set forth above.

14. Assignment

14.1. The Foundation may transfer or sub-contract rights and/or obligations under these Terms without
notifying you or obtaining your consent. You may not transfer or sub-contract your rights and/or
obligations under these Terms.

15. Breach of Terms of Use

15.1. If you breach these Terms in any way, the Foundation may suspend and prohibit your access to the
Site, block computers using your IP address from accessing the Site, contact your internet service
provider to request that they block your access to the Site, and/or bring court proceedings against

16. Governing Law and Jurisdiction

16.1. These Terms of Use have been made in and shall be construed and enforced in accordance with the
laws of the jurisdiction of the Province of British Columbia, Canada.

17. Miscellaneous

17.1. These Terms, together with our Privacy Policy, shall constitute the complete and exclusive
agreement between you and the Foundation with respect to and governing your use of the Site. If
any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal,
or unenforceable, such provision shall be removed from these Terms and all other provisions of the
terms shall remain in full force and effect.

18. Contact

18.1. If you have any comments or questions about our Site or these Terms of Use, please contact us

*Updated: November 3, 2020