Welcome to the International Sail and Power Academy Inc. (ISPA) website, www.ispa.com.
​Please carefully read the following Terms of Use (“Terms”) before using the website, ISPA, our mobile application (the “App”) (collectively the “Site”) and our online Services (“Services”). By accessing and using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms. If at any time you do not agree to these Terms, please do not access or use this Site or any of its content (the “Content”).
This Site is directed to persons 18 years of age or older. This Site and ISPA do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Site, but you may not submit any personal information to the Site. If you are under age 13, you are not permitted to use this Site or to submit any personally identifiable information to the Site.
ISPA may from time to time modify or revise these Terms. Your use of our Site following any such change constitutes your agreement to follow and be bound by the then-current Terms. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
user conduct
The Content is the sole and exclusive property of ISPA. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by ISPA in writing. Use of the Site or the Content in any way not expressly permitted by these Terms is prohibited and may be actionable under Canadian or international law.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane: (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications or origin or statements of fact.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by ISPA, you are permitted to use the Site and the Content solely for your own information and for purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site or the Content unless expressly authorized by ISPA. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.
Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests or promotions that may be offered on the Site. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
disclaimer and limitation of liability
THIS SITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISPAEXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  NOT WARRANT THAT THIS SITE OR ITS CONTENTS WlLL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WlLL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
copyright and trademark notice
You acknowledge and agree that, as between ISPA and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by ISPA and are protected by Canadian intellectual property laws and other applicable laws.
All Content displayed on this Site, such as text, graphics, logos, icons, page headers, images, media, data, audio, animation, software and other information and materials, displayed are service marks, trademarks, and/or trade dress (collectively, 'Marks') of ISPA. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of ISPA is prohibited and may violate the copyright or trademark laws of the Canada and/or other countries. 
Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site; using the Site as a resource; or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.
third party content and links
The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these third-party sites is at your own risk. The linked sites are not under the control of ISPA and ISPA is not responsible for the content available on these third-party sites. Such links do not imply endorsement of information or material on any other site and ISPA disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that ISPA shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
your comments and transmissions
We appreciate your comments, remarks, feedback suggestions, ideas, inventions, artwork developments, concepts, and other types of communications and submissions you disclose or transmit to us (collectively, 'Submissions'). So long as no personally identifiable information is disclosed, ISPA is free to use, but is not obligated to use, the Submissions for any purpose whatsoever. By making a submission, you grant ISPA and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein. ISPAhas no obligation to treat a Submission as confidential or to compensate you in any manner for the Submission.
By making a Submission, you represent and warrant that your Submission is true, is not defamatory, is your own original work, and does not infringe any third party’s rights. Furthermore, you represent and warrant that you and any other person mentioned or shown in your Submission, release any and all claims concerning ISPA’s use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
location-based services
If you enable location-based services on your computer or other device in connection with your use of the Site, you expressly consent to ISPA collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to identify your local ISPA restaurant, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see our Privacy Policy below for further information and for details on how to opt-out of location collection.
indemnification
You agree to defend, indemnify and hold ISPA and each of its subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable fees and expenses of counsel, incurred or suffered by you or on your behalf by any third party due to or arising from or related to your (i) connection or submission to or use of the Site or the Content, or (ii) violation of any of these Terms, any applicable laws, or the rights of ISPA or any third party.
modifications to the site
ISPA reserves the right, for any reason, at any time, to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, including but not limited to the Content, features or hours of availability, with or without notice. ISPA may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. You agree that ISPA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. 
site account and payment
To register and become a member of our Site, use your valid email address and create a password to register your profile and create a ISPA account. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and ISPA has no obligation to investigate the authorization or source of any such access or use of the Site.
There are no fees charged by ISPA to use the Site, but there may be data usage or other like fees owed to your mobile carrier resulting from such use, for which you are responsible, and you are responsible for payment of any items purchased through the Services.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD OR IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You agree to pay all fees or charges to your ISPA account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that for each order you place through the Site, the full cost of products you order (for which prices are subject to change without notice) assessed against your credit card, charge card, or restaurant-specific gift card. You acknowledge and agree that a SMS or web browser command originating from your ISPA account constitutes an authorization for the Site to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your ISPA account, regardless of whether you actually receive those products. The Site will provide you with reasonable notice of any material modification in the fees charged for the services and products, which notice may be provided by posting the new fee schedule on the Site.
For payments on the Site, we use Paypal and Square. We do not process, record or maintain your credit card or bank account information.  For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to Paypal and Square’s  Privacy Policy.
privacy
For an explanation of our online information practices with regard to information collected or submitted to the Site, please see below for our Privacy Policy.
governing laws
These Terms are governed by and shall be construed in accordance with the laws of the province of Ontario without giving effect to any principles of conflicts of law. You irrevocably agree to the exclusive jurisdiction by the federal and provincial courts located in or for Toronto, to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, ISPA, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Site is controlled within Canada. Those who choose to access the Site from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. ISPA does not represent that the Site or Content are appropriate outside Canada.
general provisions
These terms constitute a binding agreement between you and ISPA and supersede all prior agreements between the parties regarding the subject matter herein. If any provision of the Terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. ISPA’s failure to act with respect to any failure by you or others to comply with these Terms does not waive ISPA’s right to act with respect to subsequent or similar failures.
ISPA reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that ISPA shall not be liable to you or any third party for any such suspension or termination.
The Terms are effective until terminated by you or ISPA, which ISPA may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site. All provisions of the Terms regarding representations, warranties, indemnification, disclaims, and limitations of liability shall survive the termination of the Terms. 
for more information
If you have any questions or comments about these Terms of Use, please email us at admin@ispa.com
 
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