Accelerate Her Future Job Board – Terms and Conditions

Accelerate Her Future Job Board – Terms and Conditions

Please read these Terms & Conditions carefully before using AHF’s Job Board (“Website”, “Site”).

Divity Group Inc. (“Divity”), and the terms “we,” “us” and “our” and “Accelerate Her Future” refer to Accelerate Her Future organization.

Services Provided

AHF provides a service to bring Job Seekers and Employers (defined below) together. Employers can register and create job postings.Job Seekers can search jobs and sign up for job alerts.

(1) Definitions

For the purposes of these Terms & Conditions, the following capitalized terms have the following meanings:

“Accelerate Her Future (“AHF”), “Divity Group Inc.” (“Divity”), and theterms “we,” “us,” and “our” refer to the Accelerate Her Future organization.

“Account” means an online account or profile granted by Divity for access to certain Services related to the AHF Job Board or Website.

“Account Credit Card” means a credit designated for the particular pay Service Account.

“AHF Job Board,” “Website,” and “Site” refer to the Accelerate Her Future Job Board hosted on AHF’s website at: https://ahfjobboard.com.

“Content” means any information or data on the AHF Job Board at https://ahfjobboard.com. For example, job listing, and employer contact information.

“Customer” means an individual or group enrolling in Divity’s Services or Pay Services.

“Employers” means employers who could provide jobs for Accelerate Her Future community members.

“Intellectual Property” means all intellectual and industrial property including without limitation all works in which copyright subsists or may subsist, documentation, text and other literary works, computer programs, designs, industrial designs, trade secrets, confidential information, data and know-how, trademarks, trade names, discoveries and inventions, and integrated circuit topographies, including all derivative works of the foregoing.

“Job Seekers” means members in the Accelerate Her Future community who are searching for related jobs provided by Employers.

“Party” means each of Divity and a Customer or Employer and “Parties” means both of Divity and a Customer or Employer.

“Pay Services” means services offered by Divity or AHF to Employers or other customers that require payment.

“Pay Service Account” means an account granted by Divity to an employer who opts to register for Services requiring payment.

“Privacy Policy” means the Privacy Policy Section of these Terms and Conditions.

“Section” means the different sections in these Terms and Conditions divided by their respective headings (e.g., “(3.2) Account and Password Security”).

“Service(s)” means the functions and features on or related to the AHF Job Board website at https://ahfjobboard.com. Services include but are not limited to the ability for Employers to register and create job postings, and the ability of Job Seekers to search jobs and sign up for job alerts.

“Subscription” refers to the purchase of AHF Services via a periodic subscription payment plan. “Terms and Conditions” means the terms and conditions expressed in this contract.

(2) Acceptance of the Website Terms and Conditions of Use

The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference, including the Privacy Policy and any other agreements between you and Divity (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through https://ahfjobboard.com (the “Website”).

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

(3) Modifications to the Terms and Conditions and to the Website

Divity reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion.

You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

(4) Your Use of the Website and Account Set-up and Security

(4.1) Registration

Certain Services and related material, software, information, data, and other content made available on the AHF Job Board (“Content”) may require registration or paid subscription. Should you choose to register or purchase a subscription for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.

(4.2) Account and Password Security

You agree to be responsible for (a) maintaining the confidentiality of any passwords or other identifiers which you choose or are assigned as a result of any registration or membership on the AHF Job Board Site, and (b) all activities that occur, including transaction effected, under such password or account. Further, you agree to notify AHF of any unauthorized use of your password or account or any breach of security. Divity/AHF will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred (1) as a result of, or in connection with, your failure to comply with this Section, or (2) as a result of someone else using your password or account, either with or without your knowledge

(4.3) Security Measures

Divity may use technological measures to prevent unauthorized or illegal use of its Website or Services. You acknowledge and agree that: (1) Divity may use these and other lawful measures to verify your compliance with the terms of this Agreement and enforce Divity’s rights, including all Intellectual Property Rights, in and to the AHF Job Board and Website; (2) Divity may deny, in its sole discretion, any individual or group access to the AHF Job Board or Website; and (3) Divity may collect, maintain, process and use diagnostic, technical, usage and related information that Divity may gather periodically to improve performance of the AHF Job Board or Website. You acknowledge that Divity is the sole owner of any analytics or performance information provided to or collected by the Divity servers hosting the AHF Job Board and Site or making available the AHF Job Board, Site, or Services.

(4.4) Accounts are Individual

When you create and manage your registration, it is an individual account. You may acknowledge that you represent an organization, but please use your own name in the “First Name” and “Last Name” fields. Accounts that appear to have inaccurate individual information will be suspended immediately.

(5) Intellectual Property Rights and Ownership

(5.1) Definition

“Intellectual Property” means all intellectual and industrial property including without limitation all works in which copyright subsists or may subsist, documentation, text and other literary works, computer programs, designs, industrial designs, trade secrets, confidential information, data and know-how, trademarks, trade names, discoveries and inventions, and integrated circuit topographies, including all derivative works of the foregoing.

(5.2) Trademarks

Accelerate Her Future, Accelerateherfuture.com, ahfjobboard.com and all associated designs and logos are trademarks of Divity. All other products, brands and company names and logos used or mentioned on the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

(6) Restrictions on Use

(6.1) General Restrictions

All Content available on the AHF Job Board Site, including the manner in which such Content is presented, and the Services are: Copyright © Divity/AHF. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Divity and/or its licensors grants you a limited non-exclusive, non-transferable and non-sublicensable right and license to use and display on your computer or other electronic access device, the Content and Services for your use only, provided that you do not modify the Content, modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of Site, content, or the job board provided.

(6.2) General Use Restrictions

Except as these Terms expressly permit, user shall not:

(a) reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, or otherwise make available any of the Content obtained through the AHF Job Board Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

(b) overburden the Website or use the Website in a manner that threatens the integrity, performance, stability, or availability of the Website.

(d) use the AHF Job Board or Website for: (i) benchmarking or competitive analysis of the Site; (ii) developing, using or providing a competing software product or service; (iii) intercepting data; (iv) engaging in any direct marketing or any multi-level marketing scheme including the posting of chain letters or pyramid schemes; (v) post opinions or notices that are not job postings; or (vi) impersonating another person, living or dead.

(e) making available any data or other content that is is false, inaccurate or misleading, or that is unlawful, harmful, untrue, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, illegal, invasive of privacy, hateful, racist, or otherwise objectionable.

(f) frame or use framing techniques to enclose any information or content found on the AHF Job Board or Website.

(6.3) Submissions of Articles and Content

The website may provide features that allow you to post messages and content, to interact with Accelerate Her Future and other users and to upload files, documents or other materials (collectively, Articles and Content Submissions). When using any of the features of the website which allow you to post, upload or make Article and Content Submissions, it is a condition of your use of the website that you do not:

(a) Restrict or inhibit any other users from using and enjoying the website, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of Divity/ AHF imposes an unreasonable or disproportionately large load on AHF website infrastructure; including actions that overburden the Website or use the Website in a manner that threatens the integrity, performance, stability, or availability of the Website;

(b) Use the Site or services in a manner that overburdens, or threatens the integrity, performance or availability of the Site or the AHF Job Board;

(c) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to liability or otherwise violate any municipal, provincial, federal, national or international law or regulation;

(d) post or transmit any Article or Content Submission, including without limitation, articles, images, stories, software, or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

(e) post or transmit any Article and Content Submission that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, including material that exploits people under the age of 18 in a sexual or violent manner;

(f) post or submit any Article or Content Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(g) post or transmit any Article and Content Submission which contains a virus or other harmful component, or provides or creates computer viruses, or

(h) post or transmit junk mail, chain letters, unsolicited mass mailing or spam.

You also agree not to post Submissions that:

(a) do not comply with the Canadian Human Rights Act or applicable provincial human rights legislation;

(b) do not comply with relevant provincial Employee Standards legislation;

(c) seek to recruit employees, volunteers, interns, representatives, agents or other associates for any franchise, pyramid scheme, distributorship, multi-level marketing arrangement, sales agency arrangement or other business or employment opportunity which makes employment or consideration conditional upon the payment of any fee or purchase of goods or services;

(d) seek to attract volunteers who much pay a training or participation fee, unless the amount of the training fee is clearly stated and the fee is payable only after the individual has been accepted to participate; or

(e) seek to recruit a provider of personal services for an individual.

By posting or uploading Submissions to the website, you grant Divity a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to:

(a) use, produce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Article and content Submission for any purpose;

(b) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of Divity (ii) consent to your name, address and email appearing as the contributor of any Article of Submission, where applicable and to the disclosure and/or display of such information and any other information which appears in or is associated with an Article and Content Submission; (iii) acknowledge and agree that Divity is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Article and Content Submission you provide for display on the website will be considered non-confidential.

(6.4) Prohibited Submissions

Users may only post job listings and links to such opportunities, in the paid Jobs section of the AHF Job Board Site.

With the exception of links to job postings within the Jobs section of the AHF Job Board Site, users may not post job listings or links to job openings in any other areas of the website or AHF’s private community platforms.

(7) No Advice

The information contained on the website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial or other advice to you, and you should not rely upon the information to provide any such advice.

(8) Disclaimer Regarding Search Content

Any and all pictures, sounds, sound effects, sound recordings, graphics, video, audio-visual works an any other works (the “Multimedia Content”) located through the Accelerate Her Future and AHF Job Board Sites’ search services are protected by copyright and/or other intellectual property laws. Divity / AHF does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the AHF or AHF Job Board Sites, all of the Multimedia Content contained on such sites is owned and served by entities other than AHF.

AHF provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the AHF Sites’ search services for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

(9) Monitoring

You acknowledge the Divity / AHF have no obligation to monitor the AHF Job Board Site or any content accessible through the AHF Job Board Site or any of the Services. However, you agree that Divity / AHF has the right to monitor the AHF Job Board Site electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate the AHF Job Board Site or any of the services properly, or to protect itself or its users in accordance with the Privacy Policy.

(10) Modifications

Divity /AHF reserves the right, in its sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be in effect when notice of such change is posted on the AHF site. Please check these Terms and Conditions regularly for updates by checking the date at the bottom of this document. If any change is not acceptable to you, you must discontinue your use of AHF Job Board and any other Services immediately. Your continued use of the AHF Site or any of the Services after any such changes are posted will constitute acceptance or the changes.

Further, Divity / AHF reserves the right to change, modify, suspend or discontinue any aspect of the AHF Job Board Site, Services or Content from time to time without notice or liability and for any reason whatsoever. For users who have entered into an Agreement, modifications to your Agreement or these Terms and Conditions are discussed below.

(11) Downloads and Software

Certain AHF Job Board Site sections may allow you to download software applications or other forms of Content, including files, images, and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by AHF or third parties subject to the terms and conditions made available to you during the software download and installation process. Additionally, you agree that the Software is licenced to you by Divity / AHF or third parties for your use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that Divity /AHF and the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that Divity /AHF including its suppliers, to the maximum extent permitted by law, makes no warranties regarding the Software, and will not be responsible or 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, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.

(12) Content Linked to AHF

Please exercise discretion while browsing the Internet. Please note that certain links on the AHF Job Board Site may take you to other websites. AHF provides these links only as a convenience and not as an endorsement by Divity / AHF. These linked sites are not under the control of Divity / AHF. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Divity / AHF is not responsible for the content of any such linked sites or any other web page that is not part of the AHF Job Board Site and under our control. Unless otherwise expressly provided, Divity makes not representation or warranty regarding, and does not endorse, any linked site or the information, products, or services appearing thereon. Accordingly, you agree that Divity will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality or decency of material contained in any site linked from the AHF Job Board Site.

(13) Dealing with Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants and advertisers, found on, or through the AHF Job Board Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Divity / AHF assumes no responsibility whatsoever for any charges you or any users of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that Divity / AHF will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

(14) Subscription / Fee Based Services

Certain of the Services and Content made available on the AHF Job Board Site may be offered by AHF on a payment basis. These Pay Services may be offered by AHF on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase or become a member with respect to certain Pay Services, you will be required to register as described at the time of registration for the Pay Service, and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide as part of the registration process. You will be responsible for all uses of your Pay Service Account, including transactions effected and all applicable Pay Services fees, together with all applicable taxes (collectively, the “Fees”), incurred through your Pay Services Account. You agree to pay all the Fees applicable for such Pay Services that you incur. You agree to immediately notify AHF of any unauthorized use of your Agreement or in these Terms and Conditions, the Fees for a Pay Service purchased through your Pay Service account are chargeable immediately to the Credit Card you designated for the particular pay Service Account (the “Account Credit Card”) or through such other billing process as available.

You may terminate your Agreement at any time in accordance with these Terms and Conditions and your Agreement.

By registering for a Pay Service, you warrant that all information you submit is true and correct (including without limitation all Account Credit Card information).

In consideration of the availability and your use, of a Pay Service, you acknowledge and agree:

(a) to the terms of your Agreement and these Terms and Conditions, including, without limitation, the disclaimers, limitations of liability and provisions related to prohibited conduct set out herein;

(b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account;

(c) that the Pay Service is for your non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever;

(d) that Divity / AHF reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any coupons or credits purchases in connection with any Pay Service; and

(e) that AHF reserves the right to suspend or terminate your Pay Service Account and your use of Pay Service in accordance with these Terms and Conditions and your Agreement.

(15) Modification to Terms of Service in Connection with Subscription/Fee Based Service

Divity / AHF may at any time and from time to time amend or modify these Terms and Conditions or an Agreement, including any Fees, features or other aspects of Pay Services, upon notice to you. Alert may be provided using one of the following methods:

(a) letter mailed to your billing address;

(b) bill message or insert;

(d) posting on AHF site or AHF Job Board Sites; or

(e) speaking to you or leaving a voicemail for you.

If you do not agree to any such amendments or modifications of your Agreement or these Terms and Conditions, your sole remedy is to immediately stop using the AHF Job Board Site and Services, including Pay Services, and to terminate your Agreement and these Terms and Conditions in accordance with these Terms and Conditions and Agreement. You can review the most current version of these Terms and Conditions at https://ahfjobboard.com .

(16) Termination

Divity / AHF, in its sole and absolute discretion, reserves the right to suspend or terminate your Account and your access to the Site, Services and Content, including Pay Services, at any time for convenience or for any other reason, including without limitation, if:

(a) the Account Credit Card is invalid for any reason;

(b) you give Divity, AHF and/or its affiliates or licensors false or misleading information;

(c) Divity / AHF and/or its affiliates or licensors does not receive any payment when due; or

(d) Divity / AHF has determined, in its sole discretion, that the use of the AHF Job Board Site or of any Services through your Account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use.

Any such termination by Divity / AHF will be in addition to and without prejudice to such rights and remedies as may be available to Divity / AHF, including injunction and other equitable remedies. Your ability to use the Pay Services is also subject to any limits established by Divity /AHF or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, Divity / AHF reserves the right to either suspend or terminate your Pay Services Account and your access to the Pay Services. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account, these Terms and Conditions and your Agreement.

(17) Subscription/Membership Termination

You may terminate your Account at any time by emailing info@accelerateherfuture.com. Your data will be deleted within 60 days from all systems and backups.

You understand and agree that Divity does not provide any refunds.

Upon termination of your subscription/membership, Divity and its affiliates will not be liable to you for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of or alleged to have been sustained or to have arisen out of such termination.

(18) Third-Party Websites

For your convenience, this Site may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them.

You are subject to any terms and conditions of such third-party sites.

Our Site must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

(19) Indemnification

(19.1) Customer Indemnification

The Customer shall indemnify and hold harmless each member of Divity /AHF and each of their respective officers, directors, employees, agents, permitted successors, including but not limited to all third parties mentioned on the AHF and AHF Job Board Sites, from and against from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees), resulting from or related to:

(a) Your breach of any of these Terms and Conditions;

(b) Your negligence or misconduct;

(c) Your access to or use of the AHF and AHF Job Board Sites, Services or Content;

(d) Your use or reliance on, or publication, communication or distribution of anything on or from the AHF or AHF Job Board Site or through any of the Services;

(e) Any allegation that customer data or the end user data infringers any third party’s intellectual property rights; or

(f) Your violation of any applicable law.

You will use your best efforts to cooperate with Divity in the defense of any claim. Divity reserves the right, at our own expense, to assume, exclusive defense and control of any matter otherwise subject to indemnification by you.

(20) Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

(21) Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

(22) Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. Subject to Section titled Arbitration and Action below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

(23) Geographic Restrictions

The owner of the Site is based in Ontario,Canada. We provide this Site for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

(24) Arbitration and Actions

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, a Pay Service (unless otherwise specified in Agreement), your Agreement, your use of the AHF Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence, or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Service, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario) as amended, replaced or re-enacted from time to time.

The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Divity relating to any Claim and you also agree to opt out of any class proceedings against Divity Notwithstanding the foregoing, Divity reserves the right to pursue protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

(25) Submission of Ideas or Suggestions

Divity /AHF is always improving the AHF Site and Services and developing new features. If you have ideas or suggestions regarding improvements or additions, Divity / AHF would like to hear them – but any submission will be subject to these Terms and Conditions. Under no circumstances will any disclosure of any idea or suggestion or related material to Divity / AHF or any of its affiliates or licensors be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion or any related material to Divity / AHF and/or its affiliates or licensors, you are waiving any and all rights that you may have in the idea or suggestion or any related material and are representing and warranting to Divity / AHF and/or its affiliates or licensors that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that Divity / AHF and/or its affiliates or licensors is free to implement the idea or suggestion and to use the related material if it so desires, as provided or as modified by Divity / AHF and/or its affiliates or licensors, without obtaining permission or license form any third party.

(26) Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and the services provided herein.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see https://accelerateherfuture.com/privacy-policy/.

(27) Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

(28) General Provisions

These Terms and Conditions and any Agreement you have entered into are personal to you, and you may not assign your rights or obligations to anyone. Divity’s failure to insist upon or enforce strict performance of any right or provision of your Agreement or these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. Except where prohibited by applicable law, any cause of action you may have with respect to your use of the AHF Site or which is the subject of your Agreement or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your Agreement or these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that your Agreement and these Terms and Conditions and all documents relating thereto be drawn up in English.

(29) Entire Agreement

The Terms and Conditions, our Privacy Policy and where applicable Service Agreement constitute the sole and entire agreement between you and Divity regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

(30) Reporting and Contact

This website is operated by Divity Group Inc.

All notices of copyright infringement claims should be sent to info@accelerateherfuture.com.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at info@accelerateherfuture.com

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@accelearateherfuture.com

Aug-29-2022