PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
1. Ownership and Copyright of Site
1.1. Ownership – Save and except for the access license granted pursuant to Article 2, the content of the Site and the expression, organization, gathering, compilation, magnetic translation, digital conversion, electronic transmission thereof are protected under applicable law relating to copyrights, trademarks and other proprietary rights (including but not limited to intellectual property) and are strictly reserved in favour of BridgesEDU. Except as permitted by Article 2 (Access License) below, the User does not acquire ownership rights to any content or document obtained through the Site.
1.2. No Copying etc. – The copying, redistribution, use or publication by a User of any content or other part of the Site, except as allowed by Article 2, is strictly prohibited.
2. Access License
The User is hereby granted a non-exclusive non-transferable royalty-free license to access the Site for the purpose of learning about the products and services offered by BridgesEDU, and for the purpose of enrolling students in courses offered by BridgesEDU in the ordinary course of its business as a tutor and trainer.
3. Denial of Access
In addition to any other rights hereby reserved, where a User violates the terms of this Agreement, BridgesEDU reserves the right to deny such User access to the Site, and revoke such User’s license at any time.
In addition to any other disclaimer provided herein, BridgesEDU in no way represents, warrants or guarantees that the Site will be available within any deadline or time period. Furthermore, for greater clarity, BridgesEDU in no way assumes any obligation on the part of any User to provide access to the Site within any prescribed deadline, and hereby disclaims any liability for any User who fails to act for any reason because such User relied solely on the Site. IF THE SITE IS UNAVAILABLE IT IS THE USER’S SOLE RESPONSIBILITY TO REQUEST, GENERATE AND DELIVER ACCESS THE INFORMATION CONTAINED THEREIN BY SOME OTHER MEANS.
5. Disclaimer and Limitation of Liability
5.1 Disclaimer – The information and course materials on the Site are made available on an “as is” “where is” basis. All representations warranties, express or implied, are disclaimed including but not limited to the disclaimer of any of the following implied warranties,
(a) neither the completion of a course nor the materials learned in any particular classroom session from BridgesEDU will, in any way, guarantee or ensure that:
i) the student will be accepted to any particular university anywhere on Earth, including any university in Canada or college in the United States of America;
ii) if accepted, that the student will attain a particular mark in any university courses, or attain a particular grade point average once the university course are complete; or
iii) the techniques taught in the course are designed to help students manage stress and minimize psychological distress or impediments to mental health.However, no course is capable of teaching students how to avoid stress altogether or eliminate all sources of psychological distress, and any implied representation or warranty in connection therewith is fully and finally disclaimed.
(b) BridgesEDU in no way guarantees that each and every course will be be taught by a qualified teacher (whether a member of the Ontario College of Teachers or not), or by a Doctorate in Philosophy in a given subject area.The User acknowledges that BridgesEDU reserves the right to select a particular instructor for a particular course in its sole and absolute discretion; or
(c) BridgesEDU in no way represents or warrants as to the merchantability and fitness for a particular purpose in respect of any product or service included on the Site.
The User assumes all responsibilities when deciding to select and/or rely on any other document or any other Site material, to achieve the User’s intended result.
5.2. Supplementing a High School Education – The information within the Site, or available through the Site, and the courses offered by BridgesEDU are meant to supplement and not substitute for an education offered by a high school duly accredited by the Ontario Ministry of Training, Colleges and Universities, or like government agency in the jurisdiction where the student regularly attends high school. The information in the courses are designed to be generic and apply to a multitude of university experiences. It is not designed for any one academic experience, institution or university in particular and, in certain circumstances, it may not be appropriate for any particular student at a particular institution at any given point in time. The specifics of a given situation may require provisions not contemplated in the documents or content of the Site or in any courses. No representations, warranties or guarantees whatsoever are made as to the accuracy, currency, completeness, adequacy, reliability, suitability, quality or applicability of any information contained herein for use in a particular situation.
5.3. Site Accessibility and Viruses – The Site may be unavailable or inaccessible from time to time, at any time, due to routine maintenance, errors, problems or other unforeseeable causes. Moreover, the information on the Site may contain bugs, errors, problems, viruses or other limitations. All responsibility or liability for any damages caused by such limitations is hereby disclaimed.
5.4. Servers in Foreign Jurisdictions – The User hereby acknowledges that BridgesEDU may host the Site utilizing, or retain hosting services that utilize, servers based outside of Ontario or Canada. Any documents or materials uploaded to, or downloaded from, the Site may be stored in servers located in, and subject to, the laws of a foreign jurisdiction. Such laws can include (without limiting the generality of foregoing) criminal and administrative legal requirements relating to investigation, search and seizure. Additionally, any information stored on servers located in the United States of America may be subject to search and seizure by United States Federal authorities under the U.S.A Patriot Act and other laws of the United States relating to national security. BridgesEDU hereby disclaims any and all liability with respect to the enforcement of foreign laws, including the Patriot Act.
5.5. Limitation of Liability – BridgesEDU and its, shareholders, directors, officers, employees and affiliates have no liability whatsoever for a User’s reliance on the Site or use of any information contained on the Site. In particular, but not as a limitation thereof, BridgesEDU and its affiliates are not liable for any INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE ARISING FROM PRODUCT LIABILITY AND NEGLIGENT MISREPRESENTATION), ANY LEGAL COSTS ARISING THEREFROM, OR ANY OTHER COSTS OR EXPENSES ARISING OTHERWISE. Even if advised of the possibility of such damages, the disclaimer of liability for damages set forth above is a fundamental element of this Agreement for the use of the Site. This Site and the information contained herein would not be provided without such limitations. The User’s sole remedies in respect of any damages suffered as a result of their use of the Site shall be,
i) to immediately discontinue his or her use of it, and
ii) to recover from BridgesEDU damages equal to, and not any greater than $100.00 CAD.
6. Access to Site at No Charge
As of the date herein, the User may access the Site without charge. However, BridgesEDU reserves the right to modify or alter the Site at any time from time to time to enhance its User functionality or provide additional services. In so doing, BridgesEDU may introduce access fees in its sole and absolute discretion, the terms of which will be posted on the Site.
User agrees to indemnify, save and hold BridgesEDU and its directors, officers, employees, partners, and affiliates harmless from any liability for expenses, losses, costs (including any legal fees on a substantial indemnity basis) as a result of any damages arising out of any demand, claim, action, cause of action, mediation, arbitration or other legal proceeding against BridgesEDU that occurs as a result of the User accessing or using the Site and/or the User violating this Agreement.
8. Prohibited Activity
8.1. Hacking, etc. – Users shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BridgesEDU server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
8.2. Monitoring and Circumventing Site – Users shall not use any “deep-link”, “page-scrape”, “robot”, “spider”, “agent” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BridgesEDU reserves the right to bar any such activity.
8.3. Probing, etc. – Users shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Users will not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Site, or any other customer of BridgesEDU.
8.4. Overloading Site – The User will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure (including the bandwidth capacity) of the Site or BridgesEDU’s systems or networks, or any systems or networks connected to the Site or to BridgesEDU.
8.5. Interference – Users shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
8.6. Harassing and Stalking – User also hereby agrees that they shall not use the Site to,
(a) contact anyone against their will or “stalk” or otherwise harass anyone in any manner; and
(b) collect personal data about anyone for commercial purposes unrelated to the purpose set out in Article 2 (Access License) if any, or for unlawful purposes.
8.7. Disguising Messages and Identity – Users shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to BridgesEDU or another User on or through the Site, or disguise the origin of any service offered on or through the Site. No User may impersonate any other individual or entity, and no User may fraudulently hold him/herself out as representing another person or entity, including BridgesEDU.
8.8. Unlawful Activity – Users shall not use the Site or other document therein for any purpose that is contrary any statute, regulation, by-law, rule, common law principal (whether in law or equity) or other requirement of Ontario law or the laws of Canada, or any purpose prohibited by this Agreement, or to solicit the performance of any such illegal activity or other activity which infringes the rights of BridgesEDU or others.
9. Links to Other Sites
9.1. Links to Merchant Sites – BridgesEDU may provide links on the Site, or other websites developed and hosted by BridgesEDU, that allow access to third party merchant (“Merchants”) sites from which the User may obtain information and possibly purchase certain goods or services. The User understands that,
(a) neither BridgesEDU nor its affiliates operates or control the products or services offered by Merchants, and such Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service;
(b) neither BridgesEDU nor its affiliates is or will be a party to the transactions entered into between Users and Merchants;
(c) information about and purchase and use of the products or services offered by the Merchants is at the sole risk of User and is without warranties of any kind by BridgesEDU, express, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement;
(d) all rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites. BridgesEDU, is not responsible for information provided by Users to Merchants. Merchant and BridgesEDU are independent contractors and neither party has authority to make any representations or commitments on behalf of the other; and
(e) Under no circumstances is BridgesEDU or its affiliates liable for any damages arising from the transactions between Users and Merchants or for any information appearing on merchant sites or any other site linked to the Site. As contemplated in Article 5 (Disclaimer and Limitation of Liability), BridgesEDU will not be liable to Users for any incidental, special or consequential damages of any kind that may result from access to merchant sites or the use of any products or services offered by merchants.
9.2. Links to Other Sites – This Site may contain links to other websites other than Merchant Sites. BridgesEDU is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by BridgesEDU. Inclusion of any linked website does not imply approval or endorsement of the linked website by BridgesEDU. If a User decides to leave Site and access these third party sites, he/she does so at his/her own risk.
10. Governing Law and Jurisdictional Issues
10.1. Governing Law and Disputes – This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, Canada and governed by the laws of Ontario and the laws of Canada as may be applicable herein. All disputes, controversies or claims arising out of in connection with or in relation to this Agreement, including any question regarding its existence or validity shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario (including the Supreme Court of Canada), which shall have exclusive jurisdiction in the event of any dispute hereunder. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action, or proceedings arising out of or in connection with this Agreement.
10.2. Compliance with Ontario Law – In using the Site, the User hereby agrees to comply with all legislation, regulations, common law requirements (including such requirements in law and equity) as may be applicable and in force pursuant to the laws of Ontario and Canada. Any monies payable pursuant to the terms hereof shall be in Canadian currency.
10.3. Actions Subject To Disclaimer – All actions, applications and other legal proceedings shall be subject to the disclaimers and limitations set forth in Article 5 (Disclaimer and Limitation of Liability).
10.4. Severability and Waiver – Should any part of this Agreement be held invalid, unenforceable or inconsistent with the law applicable to this Agreement, that portion shall be severed from this Agreement and the remaining portions shall remain in full force and effect. Failure of BridgesEDU to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
10.5. Users Outside Ontario –This site is controlled and operated by BridgesEDU from its offices within the Province of Ontario. BridgesEDU makes no representation that documents, or other materials from the Site are appropriate or available for use outside of Ontario. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Interpretation of Agreement
11.1. Entire Agreement – This Agreement constitutes the entire and only agreement between BridgesEDU and a User for access and use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. For clarity, it is understood that if the User enrolls in a course, or enrolls a child in a course, the terms of sale, including tuition fees and other matters, will be governed by a separate agreement that is different from this agreement governing access to and use of the Site.
11.2. Electronic Form – The electronic form of this Agreement presented to the User when they access the Site shall be the sole true and correct version. BridgesEDU hereby reserves the right to update and amend this Agreement from time to time. BridgesEDU will post the latest version of this Agreement on the Site in electronic form.
11.3. Assignment – BridgesEDU may assign its rights and obligations under this Agreement to any person without notice to the User. No part of this Agreement may be assigned by the User without BridgesEDU’s written consent.
11.4. Independent Contractor – Each of the parties acknowledge and agree that the relationship created hereby is one of independent contractors and no other, including without limiting the generality of the foregoing, that of partnership or employment. None of the parties shall have the authority to bind the other parties to any contractual or other legal obligations, whether as agent, partner, employee, representative, authorized signing officer or otherwise. None of the parties shall hold themselves out as being an agent, employee or other representative of the other party so as to make said other party vicariously liable for any tort against any other person.
Posted: April 29, 2017