LAST UPDATED: November 22, 2018
Agreement Between User and the University of Toronto School of Continuing Studies (“SCS”)
SCS owns and operates this website (the “Website”). Please read these terms carefully before accessing or participating in any chatroom, bulletin board, Website transaction or other on-line forum available on the Website. By accessing, browsing, subscribing to, or otherwise using the Website, you agree to comply with the terms and conditions in this agreement (the “Agreement”), as amended from time to time. If you do not agree, you may not use this Website.
CONTENT. All content, including logos and marks displayed on the Website are owned by SCS, its licensors, or the party accredited as owner, and is protected by copyright, trade-mark and intellectual property laws. Except for your use as authorized in this Agreement, no part of this Website may be reproduced, modified, distributed, sold, published, broadcast, retransmitted without prior written consent of SCS.
YOUR ACCOUNT. You may be issued a user name and password (collectively, your “Account”) in order to access certain sections of the Website and/or to order certain SCS products, including but not limited to registering and paying for SCS courses. To create your Account, you agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (a) immediately notify SCS of any unauthorized use of your Account or any other breach of security (b) ensure that you exit from your Account at the end of each session. SCS is not liable for any loss or damage arising from your failure to protect your password or account information.
RESTRICTIONS OF USE. You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (i) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (ii) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;(iii) contain chain letters or pyramid schemes; (iv) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, impersonate any person, business or entity; otherwise violate any law; or in doing so, amounts to any conduct that, in the judgment of SCS, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products. POSTING ON THE WEBSITE. The Website may include unmoderated forums containing personal opinions and other expressions of the persons who post entries on a wide rage of topics. All remarks, suggestions, ideas, graphics and other information (other than your personal information) communicated through this Website by you will forever be the property of SCS unless otherwise noted. You are responsible for all material you submit to this Website, and you, not SCS, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. SCS does not review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted, and displayed by SCS or the administrators of the Website, in their sole discretion.
FEEDBACK. You can submit feedback to us at the email address listed in the “Contact Us” section below. When you submit your feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose without restriction or compensation to you.
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LINKED SITES. SCS shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Website (“Linked Sites”). Access to Linked Sites is at your own risk and SCS is not responsible for the availability, accuracy, or reliability of the contents of any Linked Site or any link posted on a Linked Site. SCS provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site.
TERMINATION. SCS may, in its sole discretion, terminate or suspend your access to all or part of the Website any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.
DISCLAIMER. The Website is provided “as is” and without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement or third party rights and fitness for a particular purpose, and any warranties that access to the Website is uninterrupted or error-free, that the Website is secure or free of viruses or other harmful material, or that information on the Site is complete, accurate or timely. Any information sent or received over the internet is generally not secure. SCS does not guarantee the security of any communication to or from the Website.
LIMITATION OF LIABILITY. SCS, The Governing Council of the University of Toronto, its employees and agents are not liable to you for any damages, harm or injury whatsoever including without limitation direct, indirect, incidental, special, consequential or punitive damages, lost profits, damages resulting from lost data or business interruption, arising from or relating to the use of or inability to use the Website.
INDEMNIFICATION. You shall defend, indemnify, and hold harmless SCS, The Governing Council of the University of Toronto, its officers, employees and agents from and against any claim or demand made by an third party, and all liabilities, damages, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to your browsing or use of the Website, content that you transmit to the Website, or your breach of any of this Agreement.
GENERAL. If any provision of this Agreement shall be deemed unlawful by a court of law, such determination will not affect the remaining provisions. This Agreement constitutes the entire agreement between you and SCS in connection with your use of the Website. Your use of the Website shall not to create any agency, joint venture, or other legal relationship of any kind between you and SCS other than that of independent contractors. The Agreement is binding on you, your heirs, excecutors, administrators, successors and permitted assigns.
UPDATES AND AMENDMENTS. SCS reserves the right to change, modify, or amend this Agreement, or add or remove portions of the Website and any SCS Products at any time, and your continued use of the Website, SCS Products, and SCS Services means that you agree to be bound by such changes, modifications, additions, or deletions. Please check back frequently to see any updates or changes to this Agreement.
JURISDICTION. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and these laws apply to the use of the Website. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.