Legal
Terms of Service (TOS)

Terms of Service
  1. Acceptance of Terms

    myWestdale provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice.


  2. Description of Service

    myWestdale is a web-based service that allows its users to create and update online profiles (herein referred to as "myWestdale", or "the Service"). Once registered with myWestdale, each user receives his or her own account space to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video ("the Content"). This Content may reside on myWestdale's servers or on the servers of a third party.



  3. Affiliations

    This service is not endorsed or affiliated professionally, or in any other capacity, with Westdale Public School.

  4. Account Structure

    myWestdale currently has a four-tier account structure. All accounts are available in accordance with local law and the Children's Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering. myWestdale accounts are available for free to all valid registrants.

  5. Your Registration Obligations

    Account registration and verification is required in order to create a myWestdale account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to myWestdale, you are hereby required to update that information as soon as possible. Should myWestdale suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that myWestdale's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to .

  6. Indemnity

    You agree to indemnify and hold myWestdale, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

  7. Special Admonitions for International Use

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  8. General Practices of Use and Storage

    You acknowledge that myWestdale may establish limits concerning use of the Service and may modify these limits at any time.

  9. Modifications to Service

    myWestdale reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that myWestdale shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  10. No Resale of Service

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

  11. Termination

    You agree that myWestdale, in its sole discretion, may terminate your password, profile, postings, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if myWestdale believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at myWestdale's discretion, will be terminated as well. myWestdale may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that myWestdale may immediately deactivate or delete your myWestdale account and all related information and files. myWestdale reserves the right to bar any further access to such files or the Service. You agree that myWestdale shall not be liable to you or any third-party for any termination of your access to the Service.

  12. Advertising and Promotions

    myWestdale does not use banner advertisements and promotions on myWestdale pages. However, myWestdale reserves the right to run advertisements and promotions on the myWestdale service in the future. By using myWestdale, you agree that myWestdale has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by myWestdale on your message or profile are subject to change. You agree that myWestdale shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  13. Links

    The Service, or relevant third parties, may provide links to other web sites or resources. Because myWestdale has no control over such sites and resources, you acknowledge and agree that myWestdale is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that myWestdale shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  14. myWestdale Proprietary Rights

    You must acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All myWestdale code and specifications are subject to their said or implied licenses.

  15. Profile and Message Content

    Guidelines for posting to your online profile or messages shall be as follows:

    1. All Content posted to myWestdale in any way, is the responsibility and property of the author. myWestdale is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any message or profile Content. Within the confines of international and local law, myWestdale will not place a limit on the type, or appropriateness of user content within messages or profiles. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, myWestdale is committed to submitting all necessary information to the proper authorities;
    2. Should any Content be reported to myWestdale as being offensive or inappropriate, myWestdale might call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the myWestdale staff. Should the author fail to meet such a request from myWestdale staff, myWestdale has the full authority to terminate any such reported and verified offensive account holding such inappropriate content. myWestdale, however, is under no obligation to restrict or monitor message or profile Content in any way;
    3. myWestdale claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the myWestdale staff in protecting such Content;
    4. myWestdale reserves the right, without limitation except by law, to serve user Content on the web according to the security provisions set forth by the author. myWestdale also reserves the right, without limitation, to resell any portion of a user's myWestdale back to that individual;
    5. You acknowledge that myWestdale does not pre-screen Content, but that myWestdale and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, myWestdale and its designates shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, myWestdale reserves the right to limit access to your messages or profile, if found in violation of the TOS, by removing the messages or profile and related user information from the member directory, search engine, and all other methods used in conjunction with finding myWestdale's users.
  16. Member Conduct

    You understand that all information, data, text, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. myWestdale does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be myWestdale's sole discretion as to what action should be taken.

    You agree to NOT use the Service to:

    1. Upload, post or otherwise transmit any content that is in myWestdale's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
    2. Harm minors in any way, as seen by myWestdale or applicable law;
    3. Impersonate any person or entity, including, but not limited to, a myWestdale staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    8. Upload, post or otherwise transmit any material that 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;
    9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Canadian Securities and Exchange Commissions, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the Vancouver Stock Exchange, New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    11. "Stalk" or otherwise harass another person or company;
    12. Collect or store personal data about other users for business purposes;
    13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
    14. Use myWestdale as a forwarding service to another website;
    15. Allow usage by others in such a way as to violate myWestdale's TOS;
    16. Engage in commercial activities within myWestdale or on behalf of myWestdale without prior approval. This includes, but is not limited to, the following activities:
      1. Displaying a banner that is designed to profit you or any other business or organization; and
      2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites without permission from myWestdale representatives.

    If any user is reported to be in violation with the letter or spirit of these terms, myWestdale retains the right to terminate such account at any time without further warning.

  17. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYWESTDALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    (b) MYWESTDALE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myWestdale OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  18. Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYWESTDALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF myWestdale HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  19. General Information

    The TOS constitutes the entire agreement between you and myWestdale and governs your use of the Service, superseding any prior agreements between you and myWestdale (including, but not limited to, any prior versions of the TOS). The laws of the Province of Ontario , shall govern the TOS and the relationship between you and myWestdale. without regard to its conflict of law provisions. You and myWestdale agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario . The failure of myWestdale to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

  20. Violations

    Instructions on how to report violations of these Terms of Service may be located at the FAQ "Reporting Abuse" To expedite the processing of your report, please carefully follow these instructions.

The myWestdale Privacy Policy

The myWestdale system is committed to maintaining your confidence and trust, and accordingly maintains the following privacy policy to protect personal information you provide online.

Basic Confidentiality Policy

It is myWestdale policy that personal information, such as your name, postal and e-mail address or telephone number, is private and confidential. Accordingly, the personal information you provide is stored in a secure location, is accessible only by designated staff, and is used only for the purposes for which you provide the information, such as to register or to customize an application.

If you also indicate that you would like to receive information about other myWestdale programs and services, your personal information may be added to an appropriate myWestdale mailing list. If at any time you change your mind and would like to add or remove your name from the myWestdale's mailing list, or correct your personal information, please contact myWestdale.

No Release of Information to Third Parties

Personal information will not be released to third parties except to further the purpose for which you provide the information, or if release is required by law or is pertinent to judicial or governmental investigations or proceedings. There are no other circumstances under which we will provide or sell personal information to third parties.

No Computer Tracking of Identifiable Information

Our computer is not set up to track, collect or distribute personal information about its visitors. It does recognize the home server of visitors, but not e-mail addresses. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify the particular visitors to our sites. This information is used only for internal purposes by myWestdale technical support staff.

Our computer also may recognize the site where a visitor clicked to get to the myWestdale website, but we cannot identify the visitor or the visitor's address. Site information is used to confirm participation in the myWestdale referal program, and may be used to advise participants of the numbers of visitors who come to the myWestdale site from their websites. No personal information is collected.

In addition, our website may track information about the visits to our web site. For example, we compile statistics that show the daily number of visitors to our site, the daily requests we receive for particular files on our web site, and what countries those requests come from. These aggregated statistics are used internally to better provide services to the public and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information.
Cookies on myWestdale
Regarding cookies, privacy and the use of cookies on myWestdale

The Legal Terms and Conditions governing access to and use of myWestdale are set out below.

1. Introduction.
A cookie is a small piece of information that a website transfers to your computer's hard disk so that the website can 'remember' things about your previous and current visits.

A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number. Most major websites use cookies. Cookies cannot be used by themselves to identify you.


2. How we use Cookies on our Site and what Information we collect.
Cookies are used in one feature of myWestdale: Traffic Analysis: myWestdale uses cookies to give each visitor a unique ID. The server will place a cookie containing a unique number on the visitors computer when they arrive on myWestdale for the first time. The next time that the visitor requests myWestdale, the server will recognise this visitor. This makes it possible to accurately determine 'repeat visits'

3. Enabling and Disabling Cookies.
You have the ability to accept or decline cookies by modifying the settings in your browser. See the instructions below for specific browsers.


If you are using Internet Explorer 5.0+:

Once you delete these files, you will have no more cookies and your browser will no longer send or receive new cookies.


If you are using Netscape 4.0+:

Once you delete these files, you will have no more cookies, and you will be prompted each time a website attempts to send a cookie to your system. At that time, you can choose to either 'Accept' or 'Cancel' the cookie


If you are using Netscape 6.0+ :

Depending on your earlier choice you will either be prompted by new cookies or no cookies will be set or received.