terms of use | getIntact

These Terms of Use (the “Terms of Use”) apply to the THE GETINTACT APP and all associated APPs and websites linked to THE GETINTACT APP by JADS INC. in partnership with INTACT COMMUNITIES (collectively, the “APP”). The APP is the property of JADS INC., and all APP content, functionality, and software is exclusively the property of JADS INC. and is protected by Canadian copyright and international laws and treaties.

Please thoroughly read these Terms of Use before using the APP. By using the APP, you are demonstrating that you have read and agreed to abide by these Terms of Use and that you agree as well to the Privacy Policy (below) and our rights as stated in the Copyright Information (below). If you do not agree to any of the Terms of Use, Privacy Police, or Copyright Information, please do not use the APP.

Information or assistance given to you through interaction with this APP does not, in any way, substitute for professional medical, psychiatric, psychological, or other professional counsel or assistance. When questions or comments are submitted on the APP’s Wintact forum directly, both INTACT COMMUNITIES and JADS INC. will provide general information, not professional advice. If you require, or are interesting in consulting professional advice, please seek assistance from a provider who is qualified and licensed. You also agree that the messages, questions or comments you submit and the responses other users of the APP, INTACT COMMUNITIES or JADS INC. provide will not form the basis for a professional-client relationship, including but not limited to physician-patient or therapist-patient.

INTACT COMMUNITIES and JADS INC. reserve the right to, without notice, change, add or delete portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use for changes. Your use of the APP following any amendment of these Terms of Use signifies your agreement and acceptance of any revisions in the Terms.

You will need to register in order to access some features of the APP. You alone are responsible for the activity that occurs on the APP, with your account, and you alone must keep your account password secure, and agree never to use someone else’s account or password. You must notify INTACT COMMUNITIES or JADS INC. immediately of any unauthorized use of your account. You understand that although INTACT COMMUNITIES and JADS INC. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to INTACT COMMUNITIES, JADS INC. or others due to such unauthorized use. You alone are responsible for the content of the messages you post to the APP’s Wintact Club, and any consequences of your messages. The content of these forums is not the responsibility of INTACT COMMUNITIES or JADS INC., however, INTACT COMMUNITIES and JADS INC., without notice, may remove or change any content at any time in its sole discretion.

You agree not to use or launch any automated system, automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire copy or monitor any portion of the APP or its content. You agree not to attempt to gain unauthorized access to any portion or feature of the APP, or any other systems or networks connected to the APP or to any APP server, or to any of the services offered on or through the APP, by any illegitimate means. You agree not to probe, scan or test the vulnerability of the APP or any network connected to the APP, not to breach the security or authentication measures on the APP or any network connected to the APP, and not to use any device, software or routine to interfere or attempt to interfere with the proper working of the APP or any transaction being conducted on the APP, or with any other person’s legitimate use of the APP. You agree not to collect or harvest any personally identifiable information, including account names, from the APP, and not to use the communication systems provided by the APP for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the APP. You agree not use the APP or any content for any purpose that is unlawful or is prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of INTACT COMMUNITIES, JADS INC. or others. You understand that INTACT COMMUNITIES and/or JADS INC. reserve the right to bar all such activity, and you agree that INTACT COMMUNITIES and JADS INC. may, in its sole discretion and without prior notice, terminate your access to the APP and/or block your future access to the APP if INTACT COMMUNITIES and/or JADS INC. determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the APP. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to INTACT COMMUNITIES or JADS INC., for which monetary damages would be inadequate, and you consent to INTACT COMMUNITIES and/or JADS INC. obtaining any injunctive or equitable relief that INTACT COMMUNITIES and/or JADS INC. deems necessary or appropriate. These remedies are in addition to any other remedies that INTACT COMMUNITIES and JADS INC. may have at law or in equity.

Through the APP you may order services or merchandise from third-party providers not affiliated with INTACT COMMUNITIES or JADS INC.. INTACT COMMUNITIES and JADS INC. are not a party to such transactions, regardless of whether INTACT COMMUNITIES or JADS INC. may receive any form of revenue or other remuneration through the transaction, nor can INTACT COMMUNITIES nor JADS INC. be liable for any costs or damages arising out of, either directly or indirectly from a transaction with a third party.

You agree that your use of the APP will be at your sole risk. If you are dissatisfied with the APP or any content, your sole remedy is to stop using the APP or any such content. To the fullest extent permitted by law, INTACT COMMUNITIES and JADS INC., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the APP and your use. INTACT COMMUNITIES and JADS INC. make no warranties or representations about the accuracy or completeness of the APP’s content or the content of any APPs linked to this APP and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the APP, any unauthorized access to or use of INTACT COMMUNITIES or JADS INC.’s secure servers and/or any and all personal information stored therein, any interruption or cessation of transmission to or from the APP, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the APP by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the APP. INTACT COMMUNITIES and JADS INC. do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the APP or any hyperlinked web APP or featured in any banner or other advertising, and INTACT COMMUNITIES and JADS INC. will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

You agree that in no event will INTACT COMMUNITIES and/or JADS INC., its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the APP, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored on the APPs servers, any interruption or cessation of transmission to or from the APP, any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the APP by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the APP, whether based on warranty, contract, tort, or any other legal theory, and whether or not INTACT COMMUNITIES and/or JADS INC. is advised of the possibility of such damages. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

You agree to indemnify, hold harmless, and defend INTACT COMMUNITIES and/or JADS INC., its subsidiaries and affiliates, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the APP, your violation of any term of these Terms of Use, your violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that one of your user submissions caused damage to a third party. This indemnification and defense obligation will survive these Terms of Use and your use of the APP.

You agree that INTACT COMMUNITIES and/or JADS INC. will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from this conduct rests entirely with you. The APP is controlled and offered by JADS INC. from its facilities in Canada. Neither INTACT COMMUNITIES nor JADS INC. makes any representations that the APP is appropriate or available for use in other locations. If you access or use the APP from jurisdictions other than the Canada, you do so at your own volition and are responsible for compliance with local law.

You agree that all matters relating to your access to or use of the APP, including all disputes, will be governed by the laws of the Canada and by the laws of the Province of Ontario without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the provincial and federal courts in Ontario, Canada and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between you and INTACT COMMUNITIES and/or JADS INC. arising out of or in connection with your use of the APP, you and INTACT COMMUNITIES and/or JADS INC. will attempt, promptly and in good faith, to resolve any such dispute. If you and INTACT COMMUNITIES and/or JADS INC. are unable to resolve any such dispute within a reasonable time (not to exceed thirty days), then either you, INTACT COMMUNITIES or JADS INC. may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then you, INTACT COMMUNITIES, or JADS INC. will be free to pursue any right or remedy available under applicable law.

These Terms of Use, including any changes to these Terms when posted, even without notice, on this APP by INTACT COMMUNITIES and/or JADS INC., supersedes all prior agreements and understandings. Should there be any legally unenforceable provision of these Terms of Use or conflicts with the law with these Terms of Use, INTACT COMMUNITIES and JADS INC. will correct them, however, the remainder of the Terms of these Terms of Use will remain valid and enforceable.

If you do not agree to be legally bound by all of the above mentioned Terms, PLEASE DO NOT ACCESS OR USE THIS APP.

B. Copyright Information

This GETINTACT APP and all associated, related, or linked APPs and websites linked to THE GETINTACT APP by INTACT COMMUNITIES in partnership with JADS INC. (collectively, the “APP”), are the property of JADS INC.

All APP content, functionality, software is the exclusive property of JADS INC., is protected by Canadian copyright and international laws and treaties, and may not be copied or redistributed in any way without the express written permission of JADS INC. All rights not specifically granted are reserved by JADS INC.

If you believe that any work posted on the APP is in any way a copyright violation, please contact JADS INC. (info@GetIntact.com) and identify the copyrighted work (please provide exact location and description of the material) that you claim has been violated.

No content from the APP may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, you must make no modifications to the content of any items, and you must not use the content item in a manner that suggests that you are in association with any of the INTACT COMMUNITIES and JADS INC. products, services or brands.