Please read this agreement (“Agreement”) carefully as it governs the use of the Be There Certificate website as it sets out the legally binding terms and conditions for your use of the site.
Last modified: November , 2021
JACK.ORG owns or operates websites, including BETHERE.ORG and JACK.ORG. These websites and the services available thereon and other services JACK.ORG may make available from time to time (together with associated and successor websites and services) are referred to as the “Service”.
PLEASE READ THE TERMS OF SERVICE BEFORE YOU START TO USE THE SERVICE. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICE. BY REGISTERING FOR, USING, OR ACCESSING THE SERVICE, YOU (i) AGREE TO BE BOUND BY THIS AGREEMENT AND (ii) REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO AGREE AND ACCEPT THIS AGREEMENT, AND TO BE BOUND BY THE TERMS AND PROVISIONS HEREOF, WHICH SHALL BE ENFORCEABLE AGAINST YOU. IF YOU DO NOT WISH TO AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICE.
2. Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, JACK.ORG grants to you a non-exclusive, non-transferable, revocable, limited right to access and use the Service for your personal non-commercial, private use. Under this license, you agree not to:
- use the Service for any commercial purposes;
- download (with the exception of downloading a certificate of completion), save, copy, transmit, or distribute the content of the Service except as expressly allowed in this Agreement; or
- remove, infringe, or otherwise misuse any copyright, trademark, or other proprietary notations from materials owned or provided by JACK.ORG or made available to you through the Service.
Your use of the Service is conditioned upon your compliance with this Agreement and this Agreement (and the rights, permissions, and benefits granted to you hereunder) shall automatically terminate if you violate any of these restrictions. Additionally, any use of the Service in violation of this Agreement will be regarded as an infringement of JACK.ORG’s intellectual property rights in and to the Service.
2.2. JACK.ORG may change, modify, suspend, or discontinue any aspect of the Service at any time.
3. Permission to use the Service. You represent that (i) you are at least  years of age, (ii) all information provided by you is truthful and accurate, and (iii) you possess the legal authority to enter into this Agreement and to use this website in accordance with the terms and conditions of this Agreement. You may not use the Service if you live in a jurisdiction where access to or use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.
4. Intellectual Property.
4.1. Unless otherwise specified in writing, all materials that are part of the Service, including but not limited to all information, media, software, content (whether copyrighted or not) and all logos, names, and trademarks and any other intellectual or proprietary rights (“JACK.ORG’s IP”), are owned, controlled, or licensed by JACK.ORG and its licensors and are protected by law from unauthorized use. JACK.ORG and JACK.ORG logos and other names appearing in connection with the Service are registered and unregistered trademarks and logos comprising JACK.ORG’S IP and owned by JACK.ORG or their respective owners and any use is strictly prohibited. You do not acquire any ownership rights to JACK.ORG’s IP by using the Service or downloading material from the Service, and you have during this Agreement only the limited right to use the Service and any JACK.ORG IP contained or related therein for your personal education and not for commercial or any other unauthorized use.
5. Passwords. In order to use the Service, you must provide an email address and create a password (an “Account”). You are responsible for all actions on the Service by your Account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. You should never publish, distribute, or post login information for your Account.
8. No Professional Advice. The Service and the Content are provided for informational purposes only. JACK.ORG DOES NOT PROVIDE MEDICAL, LEGAL, CERTIFIED FINANCIAL, OR ANY PROFESSIONAL ADVICE NOR DOES THE SERVICE CONSTITUTE THE PRACTICE OF MEDICINE, LAW, OR ANY OTHER PROFESSION. Any information provided to you by JACK.ORG as a result of your participation in the Service is being provided to you solely for your educational and informational benefit and should not be considered medical, legal, or professional advice or a substitute for the foregoing. You agree that you bear all responsibility for your own decisions you may elect to make based on any information you learn in connection with the Service.
9. Disclaimers; Limitations; Waivers of Liability.
9.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER JACK.ORG NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “JACK.ORG PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, PAGES, SERVER OR OTHER SOFTWARE OWNED BY JACK.ORG AND MADE ACCESSIBLE DIRECTLY OR THROUGH THE SERVICE OFFERED TO YOU ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
9.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JACK.ORG PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, FEES, COSTS, EXPENSES, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING FROM OR RELATING TO THESE TERMS, THE SERVICE, OR ANY CONTENT OR INFORMATION MADE AVAILABLE, OR THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE JACK.ORG PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE JACK.ORG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
11. Governing Law and Dispute Resolution. This Agreement, your access to and use of the Service, and all related matters are governed by the laws of Ontario, Canada and applicable federal laws of Canada. Any disputes arising between you and JACK.ORG or any other person arising from, connected with or relating to the Service, this Agreement or any related matters (collectively “Disputes”) will be solved before the Courts of Ontario and you hereby irrevocably submit and attorn to the original exclusive jurisdiction of those courts in respect of all Disputes.
12. Other Matters. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full and effect. This Agreement ensures to the benefit of and is binding upon each of JACK.ORG and its successors, assigns, and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. JACK.ORG may assign this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be (a) deemed or construed to to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
13. Contact. You may contact JACK.ORG by telephone, email or postal mail: 416.425.2494, firstname.lastname@example.org or 192 Spadina Avenue, Suite 505, Toronto, Ontario Canada M5T 2C2.