Association of Academic Staff University of Alberta 

Website Communities & Forums Terms and Conditions

Approved: November 16, 2023

Acceptance of the Website Terms and Conditions

These website terms and conditions for the Association of Academic Staff University of Alberta Communities and Members' Forum, constitute a legal agreement and are entered into by and between you and the Association of Academic Staff University of Alberta ("AASUA," "we," "us," "our") when you indicate your agreement at the end of this page, being a pre-requisite for your access and use. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of the website (the "Website"), including any applications, communities areas, chat rooms, message boards, personal, or interest group webpages, profiles, forums, bulletin boards, and other functions or services offered on such website (collectively, "Interactive Functions").

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO ACCESS OR USE THE WEBSITE.

By using the Website, you represent and warrant that you: (1) are a Member in Good Standing of  the AASUA or a Former Member (expressly authorized by the Executive to use the Website for purposes limited to the Communities necessary to fulfil their functions under Bylaws 22.1.2.1); and (2) are of the legal age of majority under applicable law to form a binding contract with the AASUA. If you do not meet all of these requirements, you must not access or use the Website.

General Members of the AASUA, are not required to use the Website or agree to these terms of use; to the extent that you use the Website, you represent and warrant that you do so voluntarily and on an opt-in basis. Elected and appointed Representatives of the AASUA whose duties require the use of the Website to communicate with General Members must agree to these Terms and Conditions in order to fulfil their duties.

These website terms and conditions for the Association of Academic Staff University of Alberta  Communities and Members' Forum, constitute a legal agreement and are entered into by and between you and the Association of Academic Staff University of Alberta ("AASUA," "we," "us," "our") when you indicate your agreement at the end of this page, being a pre-requisite for your access and use. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of the website (the "Website"), including any applications, communities areas, chat rooms, message boards, personal, or interest group webpages, profiles, forums, bulletin boards, and other functions or services offered on such website (collectively, "Interactive Functions").

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. If we modify these Terms and Conditions, you will be required to reconfirm your agreement to the modified Terms and Conditions before being allowed continued access to the Website.

The information and material on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period of time.

 Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important to us. We endeavour to use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. The Website, including content or areas of the Website, may require user registration. Users are prohibited from allowing other persons to access the Website through a user's registered account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we take reasonable steps to protect your personal information, we cannot guarantee the  security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Any username, password, or any other piece of information chosen by you, or provided to you as  part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each  session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any justifiable reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent, and from violating, the security of the Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing any TCP/IP packet header; (e) disrupting network services and otherwise disrupting AASUA's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of  the material on the Website; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail bombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents (other than User Submissions, defined below), features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the AASUA, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The “Association of the Academic Staff of the University of Alberta” corporate name, and its  Registered Trademarks “AASUA” and

General Members may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever except:

1.  your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; 
3. one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
4. in the event that third-party social media platforms, including but not limited to Facebook, Instagram, YouTube, LinkedIn, and X (formerly “Twitter”), are linked to certain content on the Website, you may take such actions as the Website and such third- party social media platforms permit.

Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this  site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the AASUA. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

As between you and us, (a) we or our licensors own all right, title, and interest, including all intellectual property rights, in and to the Website, and (b) you own all right, title, and interest, including all intellectual property rights, in and to your User Submissions (defined below). If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation  between you and us governing such Feedback. All such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and you represent, warrant, and agree that we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

Licence to User Submissions

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the AASUA. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship by and as a condition of submitting any User Submission.

You understand and agree that you (and not the AASUA, or the AASUA Parties (as defined below)) are fully responsible for any User Submissions that you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

For the purposes of these Terms and Conditions, “AASUA Parties” means the AASUA, and its officers, directors, councillors, employees, agents, service providers, contractors, licensors, licensees suppliers, and/or successors.

Website Communities & Forums Code of Conduct

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

Certain content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website (collectively, "User Submissions").

You agree that your use of the Website and any User Submissions that you submit onto the Website (including, without limitation, all Interactive Functions) shall not in any manner, directly or indirectly:

1. violate any applicable federal, provincial, local, or international law or regulation  including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) of AASUA or third parties, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and Conditions;
2. violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website;
3. include or contain any material that is likely to deceive any person;
4. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, sexual orientation, gender, gender identity, gender expression, religion, nationality, disability, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in AASUA's sole discretion;
5. involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
6. involve, provide, or contribute any false, inaccurate, or misleading information;
7. include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Terms and Conditions;
8. impersonate or attempt to impersonate the AASUA, an AASUA employee, another user, or any other person or entity (including, without limitation, by using email  addresses, or screen names associated with any of the foregoing);
9. give the impression that they originate from or are endorsed by us or any other  person or entity, if this is not the case;
10. transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales materials, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
11. encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the AASUA or users of the Website or expose them to liability;
12. cause annoyance, inconvenience, anxiety, distress, embarrassment, or alarm of any person;  
13. promote or facilitate any illegal activity, or advocate, promote, or assist any unlawful act; or
14. breach the general AASUA Code of Conduct.

Website Monitoring and Enforcement, Suspension, and Termination

The AASUA has the right, but not the obligation, to do any of the following from time to time and without notice to you:

• remove or refuse to post on the Website any User Submissions for any justifiable reason in our sole discretion;
• take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions;
• take appropriate legal action in our sole discretion, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials  on or through the Website; and/or
• terminate or suspend your access to all or part of the Website, in our sole discretion, for any justifiable reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE AASUA, AND THE OTHER AASUA PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE AASUA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE AASUA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

The content on the Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the AASUA nor any other AASUA Party have any responsibility or liability whatsoever for your use of the Website.

The Website may include content provided by third parties, including from other users and third- party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the AASUA, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the AASUA. Neither the AASUA nor any other AASUA Party have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials, including User Submissions.

Privacy

AASUA is an “organization” for the purposes of the Personal Information Protection Act, SA 2003, c P-6.5 (“PIPA”). AASUA is obligated to collect, use and disclose personal information in compliance with PIPA. Your personal information collected by AASUA in order to create an account and manage your access to and use of the Website Communities & Forums will only be used or disclosed reasonably for the purposes for which the information was collected, or as enabled or required under PIPA or at law.

Any User Submissions that you post to the Website Communities & Forums is not “personal information” collected or used by AASUA, even if it contains “information about an identifiable individual.”

By using the Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether  to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

Third-Party Websites

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

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Geographic Restrictions

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

Indemnification

Except to the extent prohibited by law, you agree to defend, indemnify, and hold the AASUA and  other AASUA Parties harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs on a solicitor and own client basis) due to, arising out of, or in connection with: (a) your use of the Website, (b) your violation of these Terms and Conditions, (c) your violation of applicable laws or regulations, or (d) your User Submissions, including but not limited to actions in the tort of defamation. We reserve the right to control the defense of any matter for which you are required to indemnify the AASUA and other AASUA Parties, and you agree to cooperate with our defense of these claims.

Disclaimer of Warranties and Limitation of Liability

Nothing in these Terms and Conditions will prejudice the statutory rights that you may have as a  user of the Website. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you.

Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE AASUA NOR ANY OTHER AASUA PARTY WARRANTS THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. AASUA DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE AASUA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT.

IN NO EVENT WILL THE AASUA OR ANY OTHER AASUA PARTY BE LIABLE TO YOU  FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE WEBSITE THAT IS ALLEGED TO  BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE AASUA AND OTHER AASUA PARTIES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE EXCEED ONE HUNDRED DOLLARS CAD ($100).

Termination

Any right, obligation, or required performance of the parties in these Terms and Conditions which, by its express terms or nature and context is intended to survive termination or expiration of these terms and conditions, will survive any such termination or expiration, including provisions related to intellectual property rights and ownership, code of conduct, user submissions, reliance, privacy, disclaimer of warranties, limitation of liability, indemnification, termination, governing law, choice of forum, waiver, and severability.

Governing Law and Choice of Forum

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

Any action or proceeding arising out of or relating to the Website and under these Terms and Conditions will be instituted in the courts of the Province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections, and irrevocably attorn, to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

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

Entire Agreement

The Terms and Conditions constitute the sole and entire agreement between you and AASUA regarding the Website, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact