Privacy Policy

Calgary Young Women’s Christian Association (“YW Calgary” “Mindfulicity”, “we”, “us” or “our”) respects your privacy and we have created this privacy policy to demonstrate our firm commitment to your privacy as you use mindfulicity.ca (the “Site”) and the services, features, content or applications offered by us (together with the Site, the “Services”). The following privacy policy (the “Privacy Policy”) is designed to inform you about the types of information that we may gather about or collect from you in connection with your use of the Site. It is also intended to explain the conditions under which we use and disclose that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Site, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Site you should review any changes since the last time you used the Site.

BY USING OR ACCESSING THE SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within Canada or internationally.

Collecting Personal Information

By agreeing to this policy, you are providing express consent to collect and use your personal information for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer your use of our services and your account; (iii) to enable users to enjoy and easily navigate the Site; (iv) to better understand your needs and interests; (v) to fulfill requests you may make; (vi) to personalize your experience; (vii) to provide service announcements; and (viii) to provide you with further information and offers from us that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on related services. If you decide at any time that you no longer wish to receive such communications, please see the “Opt Out” section below or follow the unsubscribe instructions provided in any of the communications.

We may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services.

We may employ third party companies and individuals to facilitate our services, to provide the services on our behalf, to perform services related to administration of the website (including, without limitation, maintenance, hosting and database management services, web analytics and administration). These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Signing Up

There may be features on our Site that require you to sign up. When you sign up for any such features, you must provide accurate and complete information and keep such information updated. You may never use another person’s personal information to sign up without that person’s permission. If you sign up for our services through your social media account (“Third Party Account”) or link your Third Party Account to your account on the Site, you are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. We may access information about you through your Third Party Account in accordance with the provider’s policies.

During the signup process, we may collect information you submit and provide to us, including, but not limited to, your name, company affiliation, email address, telephone number, physical address, and other information that may be requested during the registration process on the Site.

Sending an Email

You also may decide to send us personally identifying information, for example, in an electronic mail message containing a question or comment, or by filling out a web form that provides us this information. We use personally identifying information from email primarily to respond to your requests. We may forward your email to other employees who are better able to answer your questions. We may also use your email to contact you in the future about our programs that may be of interest.

We want to be very clear: We will not obtain personally identifying information about you when you visit our site, unless you choose to provide such information to us. Providing such information is strictly voluntary. Except as might be required by law, we do not share personal information we receive with any outside parties.

Opt-out or Change Your Contact Information

Users are provided the opportunity to opt-out of receiving communications from us; please contact us at Mindfulicity.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use “persistent cookies” to save your username and login password for future logins to the Site.  We use “session ID cookies” to enable certain features of our service, to better understand how you interact with the Site and to monitor web traffic routing on the Site and aggregate usage of the Site. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the services.

Sharing Your Information with Third Parties

You may choose to provide information about you, your company or organization to other users and to the public on public areas of the Site (“Public Information”). Public Information consists of information that is posted by you on areas of the Site accessible by other users and/or the public. Public Information does not include information you submit to us but do not post on areas of the Site accessible by other users and/or the public (“Non-Public Information”).

We only share your personal information with third parties in the ways described in this Privacy Policy. We do not sell your personal information to third parties. We only share your Non-Public Information with third parties in limited circumstances where we believe such sharing is reasonably necessary to offer the Service, is legally required or is permitted by you. For example:

  • If presented with a lawful request, such as a subpoena or court order, we may be required to disclose your Non-Public Information. Further, we may be required to disclose your Non-Public Information where we believe it is necessary to comply with applicable law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using our name, or to prevent imminent harm. This may include sharing Non-Public Information with other companies, lawyers, agents, government agencies or to any third party with your prior consent to do so.
  • If we offer to provide services jointly with other companies on the Service, we may share Non-Public Information with that company in connection with such offer or your use of that service.
  • In the event of a change in ownership of all or substantially all of the our business, or individual business units or assets owned by us that are related to the Site, your Non-Public Information may be transferred to the new owner. If this occurs, your Non-Public Information will remain subject to this Privacy Policy. You will be notified via email and/or a prominent notice on our website of any change in ownership or use of your personal information, as well as any choices you may have regarding your personal information.
  • If we believe that you are an employee of, or a contractor for, a company that we have a separate agreement with, we may provide your user ID, email address and reservation activity to that company. This allows you to be included in any arrangements that we have with such company. We will notify you if we provide this information to a company. If you would prefer not to participate in any such arrangement, you may contact us at mindfulicity@ywcalgary.ca.
  • When you post or share certain information with third parties (including other users) through the Service, such as comments, reviews, or other information, it may be shared with other users subject to the privacy settings you select. Any confidential information disclosed in your profile or when posting comments, reviews or other submissions may become publicly available. You share all such information at your own risk.
  • Your posting of Public Information constitutes your consent to share such information publicly. Please be aware that Public Information is accessible by both users of the Site and the general public. Nothing in this Privacy Policy shall restrict our right to use Public Information. Please contact us if you would like to remove information that you disclosed in public areas of the Site. If we are unable to remove your Public Information we will let you know why.

Security

We take reasonable precautions to protect users’ Non-Public Information. Your account information is located on a secured server behind a firewall. We encrypt the transmission of sensitive information and location data using secure socket layer technology. While these steps provide reasonable measures of security, no method of transmission over the Internet or electronic storage is 100% secure and we cannot guarantee absolute security. Please contact us if you have any questions about our security practices.

Contact Us

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You should consult this Privacy Policy regularly for any changes. If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Site, you can contact us at Mindfulicity.

Last revised on June 25, 2020.

Terms of Use

Please read these Terms of Use (the “Terms of Use”) fully and carefully before using Mindfulicity.ca (the “Site”) and the services, features, content or applications offered by Calgary Young Women’s Christian Association ( “YW Calgary” “Mindfulicity”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Services.

 1. Acceptance of Terms of Use

  1. By using the Services in any manner, including but not limited to visiting or browsing the Site or signing up to receive our subscription newsletter or any other communications, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by us or otherwise through the Services, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
  3. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

2. Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You must notify us immediately of any change in your eligibility to use the Services, breach of security or any other unauthorized use of the Services you become aware of.

3. Privacy

We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your account, new products and services, and Site updates. Your personal information will not be released to any third party.

Personal information you submit to the Site may be employed for the purposes of maintaining the integrity of the Site and the content thereon, contacting you when necessary, and improving the quality of service provided by the Site. Our servers also collect information specific to how you use the Internet. Worksimply servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site’s integrity and improving our service. We may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.

We may employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will not contain personal elements, and will only be shared with that particular advertiser.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site; or to protect us and our successors and assigns, and any of our and their respective officers, directors, employees, members, agents, and representatives. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

For more information about Mindfulicity’s treatment and protection of personal information, please read our Privacy Policy noted above. This policy explains how we treat your personal information, and protects your privacy, when you use the Site.

4. Sign Up

You can use most parts of the Services without registering, but occasionally there may be features that require you to sign up. In connection with registering for, using or participating in the Service (whether as a User and/or Provider), you agree to (i) provide accurate, current and complete information about you and your organization as requested by us (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to us, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.

5. Content

  • For purposes of these Terms of Use, the term “Content” includes, without limitation articles, photographs, images, illustrations, audio clips, video clips, written posts and comments, software, scripts, graphics, and other information, data, text, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
  • Mindfulicity Content. All Content published or otherwise made available through the Services are protected by copyright pursuant to Canada. and international copyright laws, and owned or controlled by YW Calgary and/or its licensors, as applicable. The Services, including the Site and all Content, are provided solely for your personal, noncommercial use only. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
  • Notices and Restrictions. In addition to copyright protection, certain Content is protected by trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright or other notices, information, and restrictions contained in any Content accessed through the Services.
  • Use License. Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services, including without limitation any copying, sharing, or distribution of any Content in a manner other than linking or as otherwise authorized in these Terms of Use, in whole or in part, is expressly prohibited without prior written permission from us. In order to request such permission, please contact us at Mindfulicity. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
  • User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
  • License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after termination of your account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination of your account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
  • Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Services.

6. Sharing Content via Social Media Services

Certain features of the Services allow you to share information with others, including through your social networks or other social media accounts (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Mindfulicity to share that information with the applicable Third Party Service (defined below). Please review the policies of any Third Party Services you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

7. Rules of Conduct

  • As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
  • You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our Copyright Policy below);
    • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • impersonates any person or entity, including any of our employees or representatives; or
  • includes anyone’s identification documents or sensitive financial information.
  • You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
  • You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  • We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

8. Third Party Services

The Services may permit you to link to other websites, services or resources on the Internet (each a “Third Party Service”), and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

9. Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Warranty Disclaimer

  1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
  2. which users gain access to the Services;
  3. what Content you access via the Services; or
  • how you may interpret or use the Content.
  1. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
  2. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  3. You shall and hereby do waive any and all similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

11. Indemnification

 You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

12. Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the lesser of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $100.00.

13. Copyright Dispute Policy

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf ). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, e-mail address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address; and
  • a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside Canada, for any judicial district in which YW Calgary is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Mindfulicity at:

Copyright Agent
Calgary Young Women’s Christian Association
1715 – 17 Avenue SE
Calgary, AB, T2G 5J1

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, including its conflicts of law rules, and Canada. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the provincial and Federal courts of Calgary, Alberta.

15. Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.

16. Miscellaneous

  1. Entire Agreement and Severability. These Terms of Use are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  1. CASL Compliance. We are committed to being compliant with any applicable requirements of any legislation restricting the sending of commercial electronic messages, including but not limited to, Canada’s Anti-Spam Legislation (“CASL”), and email newsletters and correspondence received from us are intended to fully comply with CASL. In the event you receive an email from us that you do not believe is fully compliant with CASL, as applicable, please contact us immediately at mindfulicity@ywcalgary.ca.  You can click to unsubscribe or opt-out of email communications from Company at any time or reply by typing “unsubscribe” in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service.  If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services.
  • Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  • These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
  • No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
  • Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@mindfulicity.ca
  • No Waiver. Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  • The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation. 

17. Contact

You may contact us at the following address:

Mindfulicity

1715 – 17 Avenue SE

Calgary, AB, T2G 5J1

Email: mindfulicity@ywcalgary.ca

Effective Date of Terms of Use: June 15, 2020.