Terms of Use

 

For information on privacy issues please also see our Privacy Policy.

You acknowledge that by accepting these Terms of Use and completing the registration process, you are becoming a member of the Child and Nature Alliance (hereafter “CNA”).

By accessing our website, you, the user, agree to the terms and conditions we set out here. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.

Use of the features of this website are governed by the laws and the courts of your, the users’, province, and by the applicable laws of Canada. The user is also responsible for complying with these laws.

All content on this Site, including art work, graphics, images, text, digitally downloadable files, trademarks, and the compilation of the foregoing (“CNA materials”) is the property of Child and Nature Alliance and its licensors and is protected in Canada and internationally under trademark, copyright, and other intellectual property laws. Third party content, including content you post to this site ("Posted Materials"), trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by CNA subject to license, or subject to the fair use provisions of Canadian copyright or trademark law.

The Child and Nature Alliance assumes no responsibility regarding the accuracy of the CNA or Posted Materials and use of such materials is at your own risk. In consideration for your agreement to the terms and conditions contained here, CNA grants you a personal, non-exclusive, non-transferable license to access and use the site. You may download CNA and Posted Materials from the site only for your own personal, non-commercial use in accordance with CNA’s mission and purpose. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the site is permissible rests with User. You further agree not to display or use any CNA or Posted Materials or other third party content located on the site in any publications, for any commercial purpose, in violation of laws (including trademark, copyright, and rights of publicity and privacy laws), in a manner that misuses CNA or Posted Materials, or in any other manner that disparages or discredits CNA and/or its licensors, that dilutes the strength of CNA’s or its licensor’s property, or that otherwise infringes CNA’s or its licensor’s intellectual property rights.

This site provides links to other websites. All those sites are independent from CNA’s and therefore we have no control over, and no liability for, those websites or their contents, or their use. We provide these links for your convenience, and you decide to access them at your own risk.

By submitting content, users warrant that they have full right and authority to submit that content, and that they have sole copyright and proprietary right over that content. Users may not contribute, post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever.

In order to access certain areas of this site, you may need to create a password-protected account. You are responsible for maintaining the confidentiality of your username and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. CNA reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. As part of the registration process, you must select a user name. The information that you supply during the registration process must be accurate and complete and you agree to not (i) register under the name of another person; (ii) choose a user name that CNA deems offensive; or (iii) choose a user name for the purposes of deceiving or misleading Forums members and/or staff as to your true identity. You agree to not impersonate any other person, including any other CNA Forums member, any CNA Forums Host or any CNA staff.

You understand that Forums include message boards and/or other communication tools designed to enable member-to-member or member-to-site interactivity for personal, recreational and informational purposes related to the mission and purpose of CNA. You agree to use this site, and its Forums in a manner consistent with the mission and purpose of CNA and in accordance with all applicable laws. Your submission of Posted Content and your use of interactive features is subject to these Terms, and the following guidelines. Users found in violation of these Terms may have their access to the Site restricted by CNA.

1. No Illegal, Infringing or Abusive Content or Conduct; You understand and acknowledge that you are responsible for your Posted Materials and any other materials or information you submit to CNA or post on this site, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, defamatory, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to CNA about other users.

2. No Violations of Third Party Rights : You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of CNA and will not access or attempt to access the account of a third party. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

3. No Partisan Political Use: Because CNA is a nonprofit, tax-exempt organization, you agree that you will not use the site for organized partisan political activities.

4. No Confidentiality: The nature of this site is interactive and public. By submitting Posted Materials or using any interactive features of this site, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, or other materials you transmit to CNA may be used by CNA anywhere, anytime, and for any reason whatsoever.

5. No Viruses, Corrupting Files, or Interference : You agree that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the site, or features of the site.

Although CNA does not routinely screen or monitor content posted by users to the site, CNA reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so. If you have questions/concerns about content you see posted in CNA forums, contact info@childnature.ca.

Take care when giving out personal information, such as your full name, e-mail address, street address, phone number or CNA account information in your profile or postings. Members should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorized by CNA or other unwanted communications. CNA disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in your profile or your postings.

This website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website's content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be cancelled.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

The Child and Nature Alliance and our directors and employees are not liable for any damages arising out of or related to access to or use of our site, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.

This agreement between CNA and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.

 

1. Scope of License: By displaying, publishing, or otherwise submitting any Posted Materials on or through the site, you hereby grant to CNA a limited, non-exclusive, sub-licensable, worldwide, fully-paid, perpetual, irrevocable, fully assignable, royalty free license to use, modify, publicly perform, publicly display, reproduce, adapt, publish, translate, edit, reformat, create derivative works from, and distribute such Posted Materials, throughout the world for any purpose and in any media whether now or hereafter created. You are also granting to childnature.ca the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Posted Materials, as well as the right to attribute your Posted Materials to you.

2. Representations: You represent and warrant that you own the Posted Materials displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or submission of your Posted Materials does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Posted Materials displayed, published or posted by you to the site. Except for your Posted Materials, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Posted Materials appearing on this site

3. Cooperation in Event of Infringement Claim: You agree that, if a third party claims that your Posted Materials are unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although CNA does a limited monitoring of the content of the sites, CNA has the right to remove material from the site, block access, or take other action in its sole discretion, although CNA is under no obligation to do so.

CNA is not responsible for the information, data, text or other materials that may appear in Posted Materials. Opinions expressed in Posted Materials do not necessarily reflect the opinions of CNA and CAN does not endorse and has no control over Posted Materials. Posted Materials are not necessarily reviewed by CNA prior to posting and CNA makes no warranties, express or implied, as to the Posted Materials or to the accuracy and reliability of the Posted Materials.

CNA makes no representations about the reliability of the features of this site, the Content, Posted Materials, the Forums, or any other site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. CNA makes no representations regarding the amount of time that any Content or Posted Materials will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CNA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL CNA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CNA'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S CONTENT. In no event shall CNA’s total liability for all damages, losses, and causes of action exceed five dollars (CAD $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Except with respect to governmental entities to the extent that, pursuant to applicable law, such governmental entity is prohibited from agreeing (or does not have the requisite authority to agree) to be bound by the following provision: You agree that you will be responsible for any damages resulting from any violation of these Terms. You further agree to indemnify and hold CNA and its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of these Terms, or any violation of any law or the rights of a third party that occurs in connection with your use of this site or the Forums.

 

Your consent to the use of the personal information you provide to Mountain Equipment Co-operative is outlined in our Privacy Policy.