TERMS OF USE
Introduction
Carla Gradin’s courses (the “Courses”) are online courses offered to people worldwide The Courses may include, without limitation, course material, chatrooms, newsgroups, bulletin boards, mailing lists, online forums, websites, information and/or services (collectively referred to herein as the “Content”). You are provided with access to the Courses at the entry-point URL https://carlagradin.thinkific.com/collections, collectively defined as the “Website”) subject to your acceptance of the Terms of Use and the Privacy Policy (collectively referred to as the “Agreement”). This Agreement is governed by the laws of Canada and each party submits to the non-exclusive jurisdiction of the courts of Canada.
Acceptance of terms as a legally binding agreement
By accessing or using any portion of the Courses, the Content, or the Website, you signify and acknowledge that you have read the terms of the Agreement and agree that the terms constitute a legally binding agreement between you and Carla Gradin and you agree to be legally bound by the terms of the Agreement. You may only access or use the Website, the Course and its Content if you agree to the terms of the Agreement and abide by all applicable laws, rules and regulations. For the avoidance of doubt, the terms of this Agreement apply to all users (herein referred to as “Learners”) of the Courses, Content and Website.
Disclaimer of student-university relationship
You acknowledge and agree that the terms of this Agreement and your participation in the Courses and use of the Content and Website in no way constitutes enrolment or registration in any other course offered by any institution from which you may have accessed, learned about or registered for the Course, or entitles you to the use of any institution or organization’s resources or property, intangible or otherwise beyond the Courses as provided.
Use by minors
Participation in the Courses and use of the Content and Website is restricted to persons who are 18 years of age or older, or those who possess legal parental or guardian consent. The act of registering for the Courses, or participating or using the Content and Website is a representation by you that you are fully able and competent to enter into the terms, conditions, affirmations, warranties and representations required to give effect to the Agreement.
Right to modify
Courses and Content Carla Gradin reserve the right to cancel, discontinue, interrupt or reschedule the Courses or remove, change or modify the content in whole or in part at any time or from time to time, with or without notice.
Rules for online conduct
Carla Gradin reserves the right to remove any offensive material and may terminate a particular student/user from having access to the Courses at any time with or without notice where prohibited activities have occurred. Learners who have their accounts terminated for breaching these rules of online conduct are not entitled to a refund for any Courses in which they have participated. Learners agree that they shall not: •Upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
•Use the Website and Content for any purpose in violation of local, provincial, national or international laws;
•Use this Website as a means to distribute advertising or other unsolicited material to any third party;
•Use this Website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity;
•Attempt to disable, "hack" or otherwise interfere with the proper functioning of this Website;
•Reproduce, sell, resell or exploit any portion of the Courses or Website for commercial purposes other than as expressly permitted under this Agreement;
•Access or attempt to access any other user’s account
If you use any part of the Website requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
User accounts
Note that for Learners to participate in the Courses, they must register through the Website and provide the required information to create a personal account (“User Account”) by providing an email address, a username and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You represent that all information provided by you is complete and current. You agree to maintain and update your information to keep it complete, accurate and current.
Personal Information
You understand and agree that access to the Courses, Content and Website is conditional upon the collection of personal information from you to verify your identity, create your registered account, provide you with information about Courses and records of your participation in the Courses may be used for research purposes. All research findings and their dissemination will not expose your personal identity. The Privacy Policy forms part of this Agreement and further explains how we treat information collected and received from you when you participate in the Courses and visit the Website. Please read the Privacy Policy carefully to understand how your personal information may be collected, used, and disclosed.
Copyright/trademark notice
All of our trademarks are protected by Canadian law and other foreign laws. Unauthorized use of our trademarks is strictly prohibited. All other trademarks, titles, content, company names, artwork, logos and associated imagery are trademarks and/or copyright material of their respective owners for which we have a license to use.
License to use the Website and Content
In consideration for the Learner’s ability to comply with terms of the Agreement, Carla Gradin grants the user a right to access and use the Website and Content for personal study as necessary to participate in the Courses. Unless otherwise indicated, all Content made available on or through the Courses and Website including but not limited to text, layouts, designs, illustrations, images, presentations, displays, documents, audio and video recordings, lectures, lessons, plans, exams, assignments, software, code are the property of Carla Gradin and/or its affiliates or licensors and are protected by copyright, trademark, patent and/or other proprietary rights under Canadian and foreign law. You may not copy, reproduce, adapt, change, modify, communicate, distribute, transfer, publicly display, publish, sell or commercially exploit any part of the Website, Courses or Content.
Idea submission statement
Any ideas, proposals, and/or other information submitted or collected on the Website shall be considered non-confidential. By submitting information to the Website, or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and we may disclose or use any submission for any purpose whatsoever, at our sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.
Third party material
The Website may, from time to time, contain, link to or reference third party websites, resources and advertisers (collectively, “Third Party Material”). Accessing such Third Party Material is at your own risk. We are not responsible for the accuracy or reliability of any Third Party Material. We do not investigate, monitor, or check Third Party Material for accuracy or completeness. We are not responsible for the availability of Third Party Material, and are providing it to you only as a convenience and may discontinue providing it at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any Third Party Material.
Limitation of liability
Your use of any of the Content, Courses and Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information meet your specific requirements. To the full extent permitted by law, we disclaim any warranty as to the Website and the suitability of the content therein.
UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THE WEBSITE; (2) ANY CONTENTS OR MATERIALS INCLUDED IN THE WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION ASSOCIATED WITH THE WEBSITE; (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED IN THE WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED IN THE WEBSITE; AND (5) ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE WEBSITE.
Indemnity
You agree to indemnify Carla Gradin and any of her affiliated companies and each of their respective owners, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable legal fees, made by any third party due to content you submit or transmit through the Website, your use of the Website, your violation of these Terms of Use, or your violation of any rights of another.
Termination Rights
You agree that Carla Gradin, in her sole discretion may terminate your participation in the Courses and/or use of the Website and Content for any reason or no reason and Carla Gradin with her affiliates and / or licensors shall have no liability to you for any such action. Carla Gradin reserves the right to determine, in her sole discretion and on a case-by-case basis, whether a user whose participation in a Course has been terminated is entitled to a refund of Course fees.
Entire agreement
This Agreement and the Privacy Policy constitute the entire agreement between you and Carla Gradin with respect to your participation in the Courses and use of the Website, and supersedes any prior agreements between you and Carla Gradin with respect to your participation in the Courses and use of the Website.