What is ePACT

ePACT is a communication network and emergency preparedness resource centre service for organizations and families to access (the “Service”) owned and operated by ePACT Network Ltd. (“ePACT”). Users of the Service (“Users”) build support networks of relatives, friends and organizations, store and exchange critical information, and access communication tools for greater interaction and preparation in the event of an emergency.

Visiting this Website and Using the Service

These terms and conditions of use (“Terms”) form a contract between ePACT and you as a User of this website (the “Website”) and the Service. Please read them carefully. By accessing this Website and/or the Service, you accept and agree to be bound without qualification by, these Terms. ePACT may at any time without notice unilaterally revise these Terms by updating this page. Each time you access the Website and/or the Service you are agreeing to be bound by the revised Terms as modified from time to time.

License

Subject to these Terms, ePACT hereby grants to you a non-transferable, non-exclusive, limited, terminable license to use the Service for the sole purpose of developing a support network of family friends, caregivers and organizations; creating, storing and sharing emergency information; communicating with a support network; accessing and sharing information and resources provided by ePACT and ePACT Users. You may not: (a) rent, lease, lend, sell, exchange, assign, transfer, redistribute or sublicense the Service, or any part thereof; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, create derivative works of, or otherwise exploit, the Service or any part thereof; (c) modify the Service in any manner or use it in any manner other than its intended use; (d) remove, conceal, destroy or otherwise dispose of any copyright, trade mark or other proprietary rights notice from the Service or the Website; or (e) copy, imitate, reproduce, republish, upload, post, transmit, modify or distribute the Website or any of its content in any form or in any way, in whole or in part, without the express prior written consent of ePACT.

Privacy

Our Privacy Policy provides information on what information is stored in the Service, and how it is used. Please read the Privacy Policy and use it to help make decisions about how you use the Service. The Privacy Policy is included in these Terms and you consent to the collection and use of your personal information as stated in the Privacy Policy when you use this Website.

Sharing Your Content and Information

You own all of the content and information you store using the Service, and you control the information you share with other Users, and which individuals and groups you share it with. By accepting an invitation from an organization (such as your child’s school or daycare), and completing the organization’s information form, you are granting them access to this information.

Safety

We endeavour to maintain your information security, through the policies and procedures outlined in our Privacy Policy and Security page. However, you also agree that you will do all reasonable things to maintain the safe storage of your information. Your commitment includes the following:

• You will not solicit login information or access an account belonging to someone else.
• You will not upload viruses or other malicious code.
• You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working of the Service such as a denial of service attack.
• You will not facilitate or encourage any violations of these Terms.

Registration and Account Security

Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information on the Service, or create an account for anyone other than yourself without permission.
• If we disable your account for security concerns, you will not create another one without our permission.
• You will not use your personal profile for your own commercial gain.
• You will not create an ePACT account if you are under 18.
• You will not use the Service if you are a convicted sex offender.
• You will keep all information that you provide, including contact information, accurate and up-to-date.
• You will not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account (including any page or group you administer) to anyone without first getting our written permission.
• You will not use the Service to access or obtain any personal or other information regarding any individual if you are not authorized to obtain that information.

Services Availability

For as long as ePACT continues to offer the Service, ePACT will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify, replace, refuse access to, suspend or discontinue the Service for you or for all our Users in our sole discretion. All of these changes will be effective upon their posting on the Website or by direct communication to you unless otherwise noted.

Availability During a Natural Disaster

ePACT endeavours to ensure your information will be available during a natural disaster (for more information see our Security page). However, ePACT cannot guarantee access then or at any time and therefore strongly recommends that both individual Users and Organization Users (groups) maintain paper backups of all information and store this information in a safe location that can easily be accessed in an emergency situation.

Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide (including personal information) if required or permitted to do so by law or in a good faith belief that such access, preservation or disclosure is necessary in order to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety, as applicable, of ePACT, other Users of the Service or the public.

Connections and Interactions with other Users

You are solely responsible for your interactions with other Users, including individuals and groups. ePACT may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Service or otherwise limit your use of the Service. ePACT reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or close your account if ePACT determines, in its sole discretion, that doing so is necessary to enforce these Terms.

Intellectual Property Rights

ePACT and its licensors own all right, title and interest in and to this Website and the Service (including all rights existing from time to time under patent, copyright, trade secret, trade mark and all other intellectual property laws). You agree not to take any action adverse to any of ePACT’s intellectual property rights. Without limiting the generality of the foregoing: (a) all names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs and other designations within this Website and/or the Service are registered and unregistered trademarks (or, as the case may be, Official Marks) of ePACT and third parties (collectively, “Trademarks”) in Canada and other countries. Nothing contained herein or on the Website or Service should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of ePACT or such third party that may own the Trademark. Misuse of any Trademark, or any other content owned by ePACT and displayed on this Website is strictly prohibited; and (b) the Service and all contents of this Website, including information in all forms, text, logos, graphics, images, software, icons and other elements, are the exclusive property of ePACT or, as applicable, its suppliers and partners, and are protected under the copyright laws of Canada and other countries. All rights not explicitly granted herein are reserved. Any infringement of ePACT’s rights will result in appropriate legal action.

Disclaimers and Indemnification

ePACT may at its discretion provide help desk services to you in relation to the use of the Service. However, due to resource limitations, ePACT does not warrant and hereby disclaims that the help desk will be available at any particular time or that any particular request for assistance will be responded to or resolved within any particular timeframe.

THIS WEBSITE AND/OR THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, ACCURACY, AVAILABILITY, SECURITY, TITLE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR INTEROPERABILITY OF PRODUCTS AND SERVICES. EPACT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THE WEBSITE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR AT ALL; THAT THE INFORMATION ON THIS WEBSITE THE SERVICE WILL BE ACCURATE OR CURRENT; OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EPACT ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE WEBSITE OR THE SERVICE OR YOUR DOWNLOADING OF ANY DATA, TEXT, IMAGES, FILES OR OTHER MATERIALS FROM THIS WEBSITE OR THE SERVICE.

YOUR USE OF THIS WEBSITE AND/OR THE SERVICE IS AT YOUR OWN RISK. NEITHER EPACT NOR ANY OF ITS SUPPLIERS OR AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR THE SERVICE IS LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR THE SERVICE NOR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SERVICE OR THE INFORMATION CONTAINED HEREIN OR THEREIN INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION AND LOSS OF USE, DATA, INFORMATION OR PROFITS, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH (REGARDLESS OF THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACT). THIS LIMITATION APPLIES EVEN IF EPACT HAS BEEN ADVISED OF, OR FORESEES, THE POSSIBILITY OF ANY DAMAGES OCCURRING. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE FOREGOING EXCLUSIONS OR LIMITATIONS, AND IN SUCH CASE, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL EPACT’S TOTAL LIABILITY TO YOU EXCEED $10.00.

You agree to defend, indemnify and hold ePACT and all of its agents, directors, officer, employees, partners, suppliers and affiliates harmless from any and all liabilities, losses, damages, costs and expenses, including reasonable legal fees and disbursements, incurred by any of the foregoing and arising out of any violation of these Terms by you or out of your use of this Website or the Service.

Right to Terminate Access

If you breach any provision of these Terms, these Terms automatically terminate without notice to you and you may no longer access or use this Website or the Service. In addition, ePACT in its sole discretion may terminate your right to use this Website and/or the Service at any time, for any reason, without any notice to you and without any liability to you or any other person. If ePACT terminates your right to use this Website and/or the Service, these Terms will nevertheless continue to apply and be binding upon you in respect of your use of this Website and/or the Service prior to the termination of these Terms, any information or materials obtained by you from this Website and/or the Service, and anything connected with, relating to or arising from those matters. The following Sections will survive termination of these Terms: Intellectual Property Rights, Disclaimers and Indemnification and General.

General

By accessing this Website and/or the Service, you agree that the laws of British Columbia (and those of Canada applicable therein) will exclusively govern these Terms and apply to any issue that might arise regarding this Website and/or the Service, and that such dispute will be settled or adjudicated exclusively in British Columbia. Access to this Website and/or the Service from locations where the content is illegal is prohibited. It is solely your responsibility to determine whether your use of this Website and/or the Service is lawful, and you must comply with all laws applicable in your jurisdiction.

These Terms, together with the Privacy Policy constitute the entire agreement between you and ePACT with respect to the subject matter herein and therein. Any representations, inducements, promises and agreements (oral or otherwise) not contained herein have no force or effect.

If any provision of these Terms is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision will be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms will continue in full force and effect.

These Terms do not confer on any person, other than you and ePACT, any rights or remedies hereunder. You acknowledge and agree that, notwithstanding any other provisions of these Terms, your breach or threatened breach of these Terms will cause ePACT irreparable damage for which recovery of money damages would be inadequate and ePACT, therefore, may obtain timely injunctive relief to protect its rights under these Terms, in addition to any and all other remedies available at law or in equity.

No waiver or failure to insist on or enforce strict performance of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision of these Terms.

These Terms are binding upon and enures to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.