Terms & Conditions
This page outlines the terms and conditions that apply to the non-profit organization Intimate Sessions. If you have any questions about our terms and conditions, please contact us at Info@intimatesessions.ca
Welcome to Intimate Sessions website, located at 135-425 Britannia Road East, Mississauga, Ontario, L4Z 1X9, at http://www.intimatesessions.ca (the “Site”).
The following terms and conditions (“Terms”) govern your use of this Site. By clicking,
accessing, viewing, or using any of the content, material, or services made available on or
through this Site, you indicate that you have read and understand these Terms, and that you agree to them, as well as intend to be legally bound by them. If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Site and must exit immediately.
A. Intimate Sessions Informational Purposes Only
The information provided within this Site is for informational purposes only, without limiting anything else in these Terms or otherwise. Intimate Sessions is not responsible for any errors or omissions within this Site or any Site Materials, as defined in Section C of these Terms and Conditions.
B. Intimate Sessions Registration
To have access to certain content, programs, services, products or benefits within this Site, you may be asked to register and/or create an account. As part of the registration process, you must click to agree to these Terms, and could be possibly asked to select a user name and password. You may also be required to provide Intimate Sessions with certain information about yourself including some types of personal identifying information such as your email and your address. You are responsible for your own account, including the use of the account by or with any third party, and upholding the confidentiality of your password. You also are able to terminate your account at any given time by contacting us by email at info@intimatesessions.ca.
C. Intimate Sessions Proprietary Rights
Between you and Intimate Sessions, Intimate Sessions owns and/or licenses all data, content, graphics, forms, artwork, images, photographs, any kind of functional components and any software concepts, documentation, and any other material on, in or created within the Site (“Site Materials”). Including, but not limited to, the selection, coordination, arrangement, organization, and enhancement of any of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any of Intimate Sessions Site Materials. Between any user(s) and Intimate Sessions, all names, trademarks, service marks, products, merchandise, certification marks, symbols, slogans or logos appearing on the Site are proprietary
to Intimate Sessions or its affiliates, licensors, vendors, or suppliers. Any use or misuse of these trademarks is explicitly prohibited and may violate federal and provincial trademark law. Under no circumstances will you have any rights of any kind in, with, or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
D. Intimate Sessions Unauthorized Activities
Upon entering Intimate Sessions website, you agree that you will not use the Site for (1) any illegal or unauthorized purposes that may violate any local, national, or international laws (including but not limited to, import, export, copyright, and trademark laws); (2) any sort of altering, duplicating, dispensing, exhibiting, execution, replicating, publishing, licensing, creating unoriginal creations from, transporting, creating bootlegs, and selling any of the Site Materials, unless instructions, consent, and documentation has been authorized by these Terms or in a separate written agreement with Intimate Sessions; (3) scamming and/or attempting to gain unauthorized access to Intimate Sessions’ computer system and database, or partaking in any type of activity that inhibits with the performance of, or damages the functionality of the Site or any services provided within the Site; or (4) eliminating, evading, disabling, being detrimental or interfering in any way or form with any type of security-related feature(s) of the Site intended at stopping or restricting the unauthorized use of this Site or any of the Site Materials. You may
can continue usage of the Site and any of the Site Materials consistently with Section C of these Terms. Any other use of the Site or any of the Site Materials, including but not limited to all the above-mentioned unauthorized uses, without prior written permission from Intimate Sessions is firmly prohibited. You have acknowledged and agree that the unauthorized use of the Site or the Site Materials could cause irreversible damage to Intimate Sessions and that in the event of such unauthorized use, Intimate Sessions will and shall be entitled to an injunction in addition to any other options available at law or in equity.
E. Intimate Sessions Materials Submitted To Site
A variety of features within the Site may permit you to contribute comments, feedback,
information, content, text, files, graphics, postings, and many other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (1) invade any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as an outcome of your failure to obtain consent to post personally identifying or otherwise private information about a person; (2) violation of any law, statute, ordinance, regulation, or an agreement; or (3) constitute disclosure of any type of confidential information owned by any third party. Upon your submission of User Content or any other material or any sort of information to Intimate Sessions, you grant, and provide permission to Intimate Sessions worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site is a violation of your intellectual property or any other rights, please follow our Complaint Procedure in Section L of these Terms.
F. Intimate Sessions Third Party Websites & Content
This Site is available for informational purposes only. The Site may or could contain links to other Internet Web Sites for the accessibility of users in helping locate information, products, or services that may be of interest. The use of, if any such as third-party links, the Site and the Site Materials and any other material(s) or content on, created, or presented available through the Site is entirely at your own risk. Intimate Sessions does not recommend and explicitly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with such third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. Intimate Sessions does not endorse any product, service, or treatment provided on a third-party website advertised or provided on the Site.
G. Intimate Sessions Privacy Policy
Any Personal Information that you provide to Intimate Sessions on the Site is subject to our Privacy Policy. For more information on Intimate Sessions privacy policy, visit our privacy policy page at the following link www.intimatesessions.ca/privacy-policy which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material conveyed to Intimate Sessions via the Site, Internet, or electronic mail cannot be guaranteed, including, for an example, your personal information such as your address or name.
H. Intimate Sessions Disclaimer
Intimate Sessions, its subsidiaries, and affiliates, are absolutely not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or any other items contained within the Site. Intimate Sessions reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. Intimate Sessions cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products, programs, or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any given time, with or without notice in its sole discretion. You entering this Site, you agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS,
PROGRAMS INFORMATION AND OTHER MATERIALS ON, IN, WITH, AND MADE
AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL
FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. INTIMATE SESSIONS
AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE
SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS,
PROGRAMS, DATA AND OTHER MATERIALS ON, IN, WITH, AND MADE AVAILABLE
THROUGH THE SITE, EXPRESS OR INDIRECT, WRITTEN OR ORAL, ASCENDING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION,
NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE
RISK AS TO ACCEPTABLE QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS
AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE
SITE MATERIALS, SERVICES, PRODUCTS, PROGRAMS, DATA, AND OTHER
MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
I. Intimate Sessions Disclaimer
Intimate Sessions, its subsidiaries, and affiliates, are absolutely not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or any other items contained within the Site. Intimate Sessions reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. Intimate Sessions cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products, programs, or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any given time, with or without notice in its sole discretion. You entering this Site, you agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS,
PROGRAMS INFORMATION AND OTHER MATERIALS ON, IN, WITH, AND MADE
AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL
FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. INTIMATE SESSIONS
AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE
SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS,
PROGRAMS, DATA AND OTHER MATERIALS ON, IN, WITH, AND MADE AVAILABLE
THROUGH THE SITE, EXPRESS OR INDIRECT, WRITTEN OR ORAL, ASCENDING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION,
NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE
RISK AS TO ACCEPTABLE QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS
AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE
SITE MATERIALS, SERVICES, PRODUCTS, PROGRAMS, DATA, AND OTHER
MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
J. Intimate Sessions LIMITATION of Liability
INTIMATE SESSIONS AND ITS LICENSORS SHALL AND WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SUBSTANTIAL, EXEMPLARY,
EXTRA-CONTRACTUAL, OR DISCIPLINARY DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR
DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE,
THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, PROGRAMS,
DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE
SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR INTIMATE
SESSIONS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH
DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR
ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY
OF INTIMATE SESSIONS AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR
ENTITY IN CONNECTION WITH, BASED UPON, OR ASCENDING FROM THE SITE,
USER CONTENT, THE SITE MATERIALS ON, IN, WITH, AND MADE AVAILABLE
THROUGH THE SITE, OR THE SERVICES, PRODUCTS, PROGRAMS, DATA OR OTHER
MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY
YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES
AND PRODUCTS. SOME PROVINCES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART
OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF INTIMATE
SESSIONS AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS CANADIAN
($10 CAD). If you are dissatisfied and not happy with the Site or with any of these Terms, or feel Intimate Sessions has breached these Terms, your sole and exclusive alternative is to discontinue using the Site.
K. Intimate Sessions Indemnification
You shall protect Intimate Sessions and its brand, directors, officers, employees, agents,
contractors and licensors (“Intimate Sessions Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) ascending out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product, programs, or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in, with, and made available through the Site, except to the extent attributable to Intimate Sessions, or any breach by you of these Terms and shall indemnify and hold Intimate Sessions Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including attorneys’ fees and attorneys’ disbursements) ascending out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Intimate Sessions. Intimate Sessions or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all rational respects in such defense. You
shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Intimate Sessions or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel rationally acceptable to Intimate Sessions, subject to the right of Intimate Sessions to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
L. Intimate Sessions Indemnification
You shall protect Intimate Sessions and its brand, directors, officers, employees, agents,
contractors and licensors (“Intimate Sessions Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) ascending out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product, programs, or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in, with, and made available through the Site, except to the extent attributable to Intimate Sessions, or any breach by you of these Terms and shall indemnify and hold Intimate Sessions Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including attorneys’ fees and attorneys’ disbursements) ascending out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Intimate Sessions. Intimate Sessions or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all rational respects in such defense. You
shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Intimate Sessions or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel rationally acceptable to Intimate Sessions, subject to the right of Intimate Sessions to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
M. Intimate Sessions Indemnification
You shall protect Intimate Sessions and its brand, directors, officers, employees, agents,
contractors and licensors (“Intimate Sessions Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) ascending out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product, programs, or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in, with, and made available through the Site, except to the extent attributable to Intimate Sessions, or any breach by you of these Terms and shall indemnify and hold Intimate Sessions Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including attorneys’ fees and attorneys’ disbursements) ascending out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Intimate Sessions. Intimate Sessions or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all rational respects in such defense. You
shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Intimate Sessions or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel rationally acceptable to Intimate Sessions, subject to the right of Intimate Sessions to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
N. Intimate Sessions Internet Security
Intimate Sessions uses sensible efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable, in-regards to maintenance, system crashed, re-construction, or other reasons. Intimate Sessions will use sensible efforts to minimize such disruption where it is within its reasonable control. You agree that Intimate Sessions shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Intimate Sessions via the Site or the Internet, including, for an example, your personal information such as your name or address.
O. Intimate Sessions Complaint Procedures
If you are concerned and believe that any content or postings on this Site violates your
intellectual property or other rights, please notify Intimate Sessions by email at
info@intimatesessions.ca with a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your email address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement : “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
P. Intimate Sessions Changes To These Terms; Termination
Intimate Sessions reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes made means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. Intimate Sessions may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing Intimate Sessions with untrue or inaccurate information about yourself, for infringement upon Intimate Sessions proprietary rights, or for any other reason whatsoever or for no reason.
Q. Intimate Sessions Governing Law & Jurisdiction
These Terms represent the entire agreement between you and Intimate Sessions with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and conveyed, will be governed by and construed in accordance with the laws of Ontario, Canada. Accessing, viewing, clicking, or using the services, programs, works, content, or materials on the Site, you consent and agree to (1) the exclusive jurisdiction of the federal and provincial courts located in Ontario, Canada; (2) accept service of process by personal delivery or mail; and (3) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
R. Intimate Sessions Miscellaneous
The Site is controlled and operated from within Canada. Without limiting anything else, Intimate Sessions makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from different territories/countries where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Intimate Sessions to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation and comprehension of these Terms. No person or entity nor party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed
by the words “without limitation.”
