Terms of Use
Terms of Use
Date of last revision: July 23rd, 2020
TryDawn Technologies Inc (d/b/a “Dawn”)

Terms of Use 
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

Agreement Between Customer and Dawn
Welcome to Dawn. This service is provided to help you find great Therapists.  We do this by collecting your preferences and information and pairing you with a Therapist, based on their preferences and information.  You’re also to search and contact Therapists directly. This service is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read the Terms of Use carefully. By accessing or using this service, or contacting us you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use this service.

Dawn may at any time change these Terms of Use and your continued use of this service is conditioned upon acceptance of the updated Terms of Use. 

Use of Dawn
As a condition of your use of Dawn, you warrant that (i) you have reached the age of majority in your province of residence; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this service in accordance with these Terms of Use; (iv) you will only use this service for legitimate purposes; (v) all information supplied by you on this service is true, accurate, current and complete, (vi) if you have a Dawn account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you, (vii) you will not provide any false personal information on Dawn, or create an account for anyone other than yourself without permission, (viii) you will not create more than one personal account; (ix) if we disable your account, you will not create another one without our permission, (x) you are not allowed to use Dawn if you are under 13, (xi) you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account, (xii) you will not transfer your account (including any event page or party you administer) to anyone without first getting our written permission and (xiii) if you select a name or similar identifier for your account or Page, we reserve the right to remove it if it is determined that it is used inappropriately.

We retain the right at our sole discretion to deny access to anyone to this service and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. 

Site Content

Other than the guidance and advice you receive directly by you from your licensed Therapist, the other educational, graphics, research sources and other incidental information on the Site, the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Dawn does not endorse any specific tests, medications, products or procedures.

Prohibited Activities
The content and information on this service as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through Dawn. Additionally, you agree not to:
i. use the Dawn service or its contents for any commercial purpose;
ii. access, monitor or copy any content or information of this service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iii. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
iv. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. deep-link to any portion of this Website for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
vi. You will not use Dawn to spam users (through posting) to advertise yourself or a company on Dawn.
vii. You will not collect users’ content or information, or otherwise access Dawn, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our consent prior.
viii. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Dawn.
ix. You will not upload viruses or other malicious code.
x. You will not solicit login information or access an account belonging to someone else.
xi. You will not bully, intimidate, or harass any user.
xii. You will not post content that is in any way threatening, pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
xiii. You will not use Dawn to do anything unlawful, misleading, malicious, or discriminatory.
xiv. You will not do anything to harm day to day services of Dawn such as a denial of service attack or interference with page rendering or other Dawn functionality.
xv. You will not facilitate or encourage any violations of this Statement or our policies. If your account shows signs of fraud, abuse or suspicious activity, Dawn may cancel your account. If you have conducted any fraudulent activity, Dawn reserves the right to take any necessary legal action and you may be liable for monetary losses to Dawn, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Dawn Customer Service.

Providers 
Dawn does not directly employ the Therapists matched through the Service. Dawn created a modern, digital health network of Therapists. Your relationship with the Therapist is strictly with the Therapist. Dawn is not involved in the Therapist relationship and does not interfere, validate or control the Therapist’s treatment unless advocating on behalf of You when following up on a particular complaint. All that stated, You are always advised to exercise a high level of care and caution in the use of Dawn as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Therapist. Dawn supports a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs. 

Privacy Policy
Dawn believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of the service, to understand our practices. 

Liability Disclaimer
The Information, Software, Products and Services published on this Website may include inaccuracies or errors. In particular, Dawn does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of services displayed on this Website. In addition, Dawn expressly reserves the right to correct any errors on our Website. 

Dawn and their respective suppliers make no guarantees about the availability of specific Therapeutic services. Dawn and their respective suppliers may make improvements and/or changes on the Website at any time. 

Dawn and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Dawn. All such information, software products, and services are provided “as is” without warranty of any kind. Dawn and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Dawn and/or their respective suppliers are free of viruses or other harmful components. Dawn and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.Suppliers providing services on this Website are independent contractors and not agents or employees of Dawn. Dawn is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.

 In no event shall Dawn and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Dawn and/or their respective suppliers have been advised of the possibility of such damages.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Dawn and/or their respective suppliers.

Indemnification
You agree to defend and indemnify Dawn, and/or their respective suppliers and any of their 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 but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
i. your breach of these Terms of Use or the documents referenced herein;
ii. your violation of any law or the rights of a third party; or
iii. your use of this service. 

Links To Third-Party Sites
This service may contain hyperlinks to websites operated by parties other than Dawn. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available On This Website
Any software that we make available to download from this Website (“Software”) or through your mobile application store, including the Dawn mobile application (the “Mobile Application”), is the copyrighted work of Dawn and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by Dawn and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. 

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.  

If you download or use our software, such as a stand-alone software product, an app, or a online page creator you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission. 

Account Termination
Dawn has adopted a policy of terminating, in appropriate circumstances and at Dawn’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Dawn may also at its sole discretion limit access to the service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice. 

Notice Of Infringing Material
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
i. A clear identification of the copyrighted work you claim was infringed.
ii. A clear identification of what material you claim is infringing your copyright, such as a link to the infringing material.
iii. Your address, email address and telephone number.
iv. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
v. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
vi. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send us your notice by email to support@Dawn.com Attn: IP/Trademark Legal Dept. 

Class Action Waiver
This clause applies only to persons resident outside Quebec, Ontario, or Saskatchewan. Subject to applicable law, any dispute, whether in court or otherwise, will be conducted solely on an individual basis. You agree that you shall not have the right or authority for any dispute to be brought as a class action, or to participate in any class action or other proceeding in which any person acts or proposes to act in a representative capacity. 

General
Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion.

Please click here for additional information:
http://privacy.microsoft.com/en-us/default.mspx;
http://www.microsoft.com/maps/assets/docs/terms.aspx;
http://www.google.com/privacy/privacy-policy.html;
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html;
http://www.maps.google.com/help/legalnotices_maps.html;http://maps.google.com/help/terms_maps.html;

This site is operated by a Canadian entity and this Agreement is governed by the laws of Alberta. Except as restricted by applicable law (which may include Quebec), you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, in all disputes arising out of or relating to the use of this service. 

You agree that no joint venture, partnership, or employment relationship exists between you and the Dawn Companies as a result of this Agreement or use of this service. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this service or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. 

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 

We make changes to policies, guidelines or other terms referenced in or incorporated by this Agreement. 

This Agreement (and any terms and conditions referenced herein) in conjunction with the Privacy Policy and the Sign-Up Sheet constitutes the entire agreement between you and Dawn and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Dawn with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. 

If we fail to enforce any of this Agreement, it will not be considered a waiver. 

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Any rights not expressly granted herein are reserved. 

Service Help
For quick answers to your questions or ways to contact us by email at Support@Dawn.com
These Terms of Use were last updated on February 1, 2020, and are deemed effective as of this date.2020 TryDawn Techologies Inc. All rights reserved.
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