Terms of Use

Last Update: March 2024

The following terms of use (the “Terms of Use”) govern your access to and use of our Sites located at www.thecambridgeclub.com, www.torontoathleticclub.com, www.adelaideclub.com, www.adelaideclinic.com, www.sportmedicineclinic.com, www.stratusrestaurant.com, www.oakroom.ca, and www.cambridgegroupofclubs.com (collectively, the “Sites”) provided, operated or owned by CGoC ("use" or "using" in these Terms of Use will mean any of the foregoing), including in connection with your use of any of our services, including but not limited to bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, the “Services”). These Terms of Use form an agreement between Cambridge Group Inc. (hereinafter “CGoC”, “we”, “our” or “us”) and you. The term "you" refers to the person or entity browsing, accessing, or otherwise using our Sites.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information and to learn about our privacy practices.

BY USING CGOC’S SERVICES, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU ARE USING OUR SITES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

Changes to these Terms of Use
Data You Upload
Privacy
Ownership
User Account for our Services
Internet Access
No Unlawful or Prohibited Use
Third Party Content, Sites or Services
Malicious Code
Communications Not Confidential
Disclaimer
Limitation of Liability
Indemnification
Term and Termination; Survival
General Provisions

Changes to these Terms of Use

Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to our Sites. It is your obligation to monitor CGoC Sites for any such changes. Your continued access to or use of Cambridge Club‘s Sites and Services after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.
We reserve the right to change Cambridge Club‘s Services at any time.

Data You Upload

You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable license during the Term to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter in the course of using Cambridge Club‘s Services; or (b) we collect from you in the course of providing the Services ((a) and (b), collectively, the "User Data"), to: (i) develop, enhance and make available Cambridge Club‘s Services; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the "Aggregated Statistical Information"). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.

Privacy

Please review our current Privacy Policy, available at [insert hyperlink], which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals ("Personal Information"), and which is hereby incorporated into and forms a part of these Terms of Use.
You represent and warrant to us that the User Data will only contain Personal Information in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available Cambridge Club‘s Services; and (ii) create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.

Ownership

By posting, uploading, inputting, providing or submitting content on our Sites, you are granting Cambridge Club, its affiliated companies and necessary sublicensees permission to use such content in connection with the operation of Cambridge Club’s Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content; and to publish your name in connection with your content. By posting, uploading, inputting, providing or submitting content on our Sites, you warrant and represent that you own or otherwise control all of the rights to your content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content.

All rights, title and interest, including intellectual property rights, in Cambridge Club‘s Services, Aggregated Statistical Information and all other content provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party service providers, if applicable). Cambridge Club‘s Services and all content provided by us hereunder are made available or licensed and not "sold" to you. All rights not expressly granted to you in these Terms of Use are reserved.

User Account for Cambridge Club‘s Services

To access certain features of Cambridge Club‘s Services, you may be required to successfully sign up for a user account using the available interfaces of Cambridge Club‘s Services and login credentials ("Login Credentials"). You will keep your Login Credentials secure and will not share your Login Credentials with anyone else. We reserve the right to disable any Cambridge Club account at any time in our sole discretion. If we disable access to your Cambridge Club account, you may be prevented from accessing some of Cambridge Club‘s Services.

Internet Access

Certain features of Cambridge Club‘s Services may require your mobile or other hardware device to have access to the internet and may be subject to restrictions or additional charges imposed by your network or internet provider. In addition, your use of some features of Cambridge Club‘s Services may be affected by the suitability and performance of your device hardware or data access.

No Unlawful or Prohibited Use

You will not use Cambridge Club‘s Services in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use Cambridge Club‘s Services for any purpose other than to learn about and use our Services (and any associated products, if applicable) offered by us. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:

send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on Cambridge Club‘s Services any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) is false, intentionally misleading, or impersonates any other person; (iii) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (iv) is harmful to minors in any way or targeted at minors; (v) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vi) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
disable, overly burden, impair, or otherwise interfere with servers or networks connected to Cambridge Club‘s Services (e.g., a denial of service attack);
attempt to gain unauthorized access to Cambridge Club‘s Services;
use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile Cambridge Club‘s Services or any part thereof or otherwise attempt to discover any source code; or
use Cambridge Club‘s Services for the purpose of building a similar or competitive service.

Cambridge Club has no obligation to monitor the Services. However, Cambridge Club reserves the right to review materials posted to its Sites and Services and to remove any materials in its sole discretion. Cambridge Club reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.

Cambridge Club reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cambridge Club's sole discretion. Please see our Privacy Policy for more information.

Always use caution when giving out any personally identifying information about yourself or your children through any of our Sites. Cambridge Club does not control or endorse the content, messages or information found in any of its Sites and, therefore, Cambridge Club specifically disclaims any liability with regard to the Sites and any actions resulting from your participation in any Sites. Managers and hosts are not authorized Cambridge Club spokespersons, and their views do not necessarily reflect those of Cambridge Club.

Materials uploaded to our Sites may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Third Party Content, Sites or Services

Cambridge Club‘s Services may provide links or access to third party content, Sites, or services. Cambridge Club does not endorse any third party content, Sites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, Sites, services, or systems are not under Cambridge Club’s control, and if you choose to access any such content, Sites, or services, or to access Cambridge Club‘s Services from such systems, you do so entirely at your own risk.

Malicious Code

The downloading and viewing of content on our Sites is done at your own risk. We do not guarantee or warrant that Cambridge Club‘s Services, or any links from Cambridge Club‘s Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of Cambridge Club‘s Services.

Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through Cambridge Club‘s Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of Cambridge Club‘s Services.

Disclaimer

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT CGOC‘S SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO CGOC‘S SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT CGOC‘S SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO CGOC‘S SERVICES OR THESE TERMS OF USE.

FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, CGOC‘S SERVICES EXCEED $100CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

Indemnification

EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), you will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

your breach of any provision of these Terms of Use or any documents referenced herein;
your violation of any law or the rights of a third party (including intellectual property rights); or
your use (or the use by any third party using Cambridge Club‘s Services).

Term and Termination; Survival

These Terms of Use will commence on the day you first use or enter into an agreement to use Cambridge Club‘s Services and will continue in full force and effect until the completion of the Services, subject to earlier termination as provided in these Terms of Use (the "Term"). EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through Cambridge Club‘s Services; (b) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on Cambridge Club‘s Services) that your Cambridge Club account be deleted and ceasing use of Cambridge Club‘s Services. For greater certainty, if you continue to use any portion of CGoC Sites that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Personal Information Warranty, Third Party content, Sites or Services, Malicious Code, Communications Not Confidential, Disclaimer, Limitation of Liability, Indemnification, Survival, and General Provisions.

General Provisions

Choice of Law. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and such laws apply to your access to or use of Cambridge Club‘s Services, notwithstanding your domicile, residency or physical location. You will only use Cambridge Club‘s Services in jurisdictions where Cambridge Club‘s Services may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of Cambridge Club‘s Services.
Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Cambridge Club‘s Services. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

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