Last revised: May 5, 2020
Terms of Use
Your Acceptance of these Terms of Use
Please read these terms of use carefully before using this website as they represent a binding agreement (the “Agreement”) between each user of our website (“you” or “your”) and #realtalk Inc. (referred to as “#realtalk”, “we”, “us” or “our”).
If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website.
You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.
These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes.
Eligibility to Use the Website
You hereby represent and warrant that, and you will use our website only if, at the time of use, you: (i) are 18 years of age or older; or (ii) can lawfully enter into and form contracts in accordance with applicable local laws.
Use of Our Website
#realtalk grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal or internal business use, solely as made available by #realtalk, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license.
Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. #realtalk is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason.
All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.
Trademark and Copyright Information
Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, communication to the public, making available to the public, public performance or exhibition, modification, creation of derivative works from, or redistribution of our website, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction, is prohibited without the express written consent of #realtalk.
You further agree not to reproduce, duplicate or copy Content from our website without the express written consent of #realtalk, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, (i) the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without #realtalk’s prior written approval.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.
To the extent that our website permits you to post, email, or otherwise make available content, you automatically grant, and you represent and warrant that you have the right to grant, to #realtalk an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such content, and create compilations and derivative works from such content, as part of our website or otherwise.
Your Privacy
We respect your privacy. Our Privacy Policy is accessible at: https://realtalkmvmt.com/privacy-policy
Your Conduct
To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
(a) is unlawful;
(b) includes personal or identifying information about another person without that person’s explicit consent;
(c) impersonates any person or entity, including, but not limited to, a #realtalk employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
(d) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(e) is harmful, threatening, abusive, harassing, defamatory, pornographic;
(f) harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
(g) constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
(j) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.
You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, #realtalk or any other person as a result of your submission of any information on or through our website.
#realtalk reserves the right to refuse to post or to remove any content, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of these terms of use.
Medical Disclaimer
The #realtalk website does not provide medical advice. The Content of our website is intended for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have read on the #realtalk website.
If you think you may have a medical emergency, call your doctor or 911 immediately. #realtalk does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website. Reliance on any information provided by #realtalk, #realtalk employees, others represented on this website by #realtalk’s invitation, or other visitors to this website is solely at your own risk.
Disclaimer Regarding Third Party Content
Our website may offer access to third party websites and content available over the Internet. #realtalk generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by #realtalk of such content. You further agree that #realtalk shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.
Disclaimer of Warranties and Liability
OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
#realtalk does not warrant the accuracy or completeness of the Content. #realtalk and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website. As noted above, #realtalk may make changes to our website at any time without notice. However, #realtalk makes no commitment to update the information contained herein.
Indemnity
You agree to indemnify and hold #realtalk and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
Unsolicited Submissions
If you submit ideas, drawings, stories, suggestions, comments, or similar information to #realtalk, whether through our website or otherwise, you do so with no expectation of confidentiality and you irrevocably grant #realtalk the worldwide, unrestricted, irrevocable, perpetual, royalty-free, no-charge, transferable license with a right of sublicense: to use, reproduce, prepare derivative works of, modify, publish, distribute, transmit, communicate to the public, make available to the public, publicly perform, publicly display, broadcast, exploit, and exhibit your submission and any such derivative works, or any elements or excerpts thereof, in any language and via any and all means, manner, media, or mode of communication, now known or developed later.
You also recognize that your submissions may be used or developed by or on behalf of #realtalk or its affiliates without any obligation to you.
General Matters
These terms of use constitute the entire agreement between you and #realtalk regarding your use of our website, superseding any prior agreements between you and #realtalk. These terms of use and the relationship between you and #realtalk shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and #realtalk agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario.
The failure of #realtalk to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. You may not assign any of your rights and obligations under this Agreement; #realtalk may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.