DIGITAL CONTENT TERMS AND CONDITIONS

Effective date: January 1, 2024

 

These terms and conditions (the “Terms”) govern your use of all GABCM INC. operating as “Strengths Performance Centre”, “Centre des points forts” and “SPC-CPF”, a Canada corporation, its affiliates, and each of their respective successors and assigns (collectively, “SPC-CPF”) digital content (the “Content”). “Client”, “you” and “your” shall refer both to the individual, the individual accessing the Content on behalf of a business entity and any such business entity itself. The “Proposal” shall refer to the proposal submitted by SPC-CPF and accepted by the Client.

READ THESE TERMS CAREFULLY BEFORE USING THE CONTENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE CONTENT. BY USING THE CONTENT, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS.

 

USE OF THE CONTENT

The Content is for learning, development, engagement and communication purposes only. The Content does not constitute recommendations or instructions. All decisions remain those of the Client who needs to fully explore all aspects of their development and their work in order to make the proper decisions for themselves, their teams, their organization and the people who rely on them.

FOR THE AVOIDANCE OF DOUBT, THE CLIENT EXPRESSLY ACKNOWLEDGES THAT ANY DECISION MADE BY THE CLIENT AS A RESULT OF INFORMATION OBTAINED THROUGH THE CONTENT IS DONE SO AT THE CLIENT’S OWN RISK BASED ON INDEPENDENT RESEARCH AND ANALYSIS.

DISTRIBUTION

The Content is for use by the Client only, as specified in the Proposal. The Content can be shared on internal servers of the Client, for the Client’s exclusive use. It is prohibited to distribute the Content to other organizations, internally or externally, including the national chapter or other regional chapters.

It is also prohibited to publish the Content, in whole or in part, on public platforms such as websites, digital portals, social media (including, but not limited to, Facebook, Instagram, LinkedIn), and video sharing platforms (including, but not limited to Vimeo, YouTube and Flickr).

You do not acquire any right, title or interest in the Content by the virtue of accessing the Content or making permitted use allowed under these Terms. 

The Client is responsible for the proper distribution, protection and use of the Content.

PROPERTY AND INTELLECTUAL PROPERTY

The Content, and everything incorporated or used in connection with the Content, including but not limited to web sites, software, data, reports, designs, graphics, text, methods, processes, technology and other intellectual property, are owned exclusively, or authorized for use, by SPC-CPF. By using the Content, the Client acknowledges such ownership. Except as expressly permitted in these Terms, you may not modify, reproduce, republish, upload, post, transmit or distribute in any way the Content or any information contained therein without the prior written consent of SPC-CPF. You do not acquire any right, title or interest in any such materials by virtue of accessing the Content or making permitted use allowed under these Terms.

All of the content, digital or printed, pertaining to the Strengths Performance Centre, a division of GABCM Inc, is protected by copyright. It is prohibited to copy, modify, resell, reuse or distribute the workshop materials beyond the scope of what is agreed upon in writing by SPC-CPF. The purchase of electronic documents does not grant an unlimited license to updates or new versions. Strengths Performance Centre, SPC, Strengths Performance, Centre des points forts, CPF, SPC-CPF, Entrepreneur Lifestyle, Style de vie entrepreneur and CliftonStrengths en français are trademarks of GABCM Inc.

CONFIDENTIALITY

The Client and SPC-CPF shall not, either during the term of the service provided pursuant to the Proposal or at any time thereafter disclose, or use for any other purpose other than outlined in the Proposal, any information relating to the private, confidential or restricted affairs of either party, or any of its partners including funders, employees, clients and contractors. Any such information shall not be disclosed or released without the prior written consent of the organization that owns such material.

BREACH

A breach of these Terms, including but not limited to the prohibited distribution of the Content as defined herein, will result in additional fees, including the removal of any discount offered by SPC-CPF. The minimum additional fees will be the equivalent of the original non-discounted fee, and will be determined at the sole discretion of SPC-CPF. The Client agrees to these terms and this responsibility of the content.

PAYMENT

All fees paid to access the Content are non-refundable and will be invoiced immediately upon signature of the Proposal by the Client. All fees must be paid prior to the distribution of the Content - payment by credit card or electronic transfer is preferable. All other items will be invoiced upon completion of the performance of the Proposal, unless expressly otherwise provided for in the Proposal. Payment is to be completed immediately or as indicated in the proposal.

SEVERABILITY

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

WAIVER; REMEDIES

The failure of SPC-CPF to partially or fully exercise any rights or the waiver of SPC-CPF of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by SPC-CPF or be deemed a waiver by SPC-CPF of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of SPC-CPF under these Terms and any other applicable agreement between you and SPC-CPF shall be cumulative, and the exercise of any such right or remedy shall not limit SPC-CPF’s right to exercise any other right or remedy.

GOVERNING LAW

These Terms shall be governed by the laws of the Province of Ontario and the laws of Canada applicable herein. The parties agree, in respect to any claim or legal proceedings for any purpose whatsoever in connection with these Terms, to elect the judicial district of Ottawa, Province of Ontario, Canada, as the proper forum for the hearing of said claims or said legal proceedings to the exclusion of any other judicial district which may have jurisdiction to hear such dispute according to the appropriate Laws.

 

Contact Us

If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:

• By email: [email protected]
• By phone number: (+001) 613. 421. 47. 22 
• By mail: 17001-1937 Portobello Blvd, Ottawa, ON Canada K4A4W8