To Our Clients,
BY REGISTERING AT THE SHAPE innovations LEARNING WEBSITE ( the “WEBSITE”), YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE (“TOU”) SET FORTH BELOW, AS APPLICABLE TO THE WEBSITE AND THE ASSOCIATED SOFTWARE, PROGRAMS, MATERIALS AND COMPILATIONS ("SITE CONTENT") ON THE WEBSITE.
SHAPE innovations (“SI”) MAY AT ANY TIME MODIFY, ALTER, UPDATE OR DELETE PORTIONS OF THE TOU LOCATED HERE. YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TOU.
1. Ownership of SITE CONTENT on the WEBSITE :
1.1. Copyrights: The SITE CONTENT is the exclusive property of SHAPE innovations inc., and its licensors, authors and software developers. The SITE CONTENT includes both content owned or controlled by SI and content licensed to SI by third parties. The SITE CONTENT is protected by U.S. and international copyright laws. You are authorized to view and download a SINGLE copy of material for which you have registered on the WEBSITE for your own personal, non-commercial use. No portion of the WEBSITE or the SITE CONTENT (including but not limited to text, images, audio, video, and any software) may be reproduced, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered, or disassembled for any commercial purposes.
1.2. Trademarks: SHAPE innovations logo, and the SHAPE innovations domain names are trademarks of SHAPE innovations inc.
2. Use of SITE CONTENT :
2.1. Registration Non-Transferability: Your SHAPE innovations.com user name, password and enrollment permission(s) entitle you to a personal, non-exclusive, non-assignable, and non-transferable license to use the WEBSITE and the programs and resources linked to it according to these Terms of Use. You are not authorized to sublicense, transfer, sell, or assign the license.
2.2. Standards of Conduct: The SITE CONTENT may contain collaborative features such as discussion groups and chat rooms to registered users. You are fully responsible for your own communications using communication tools within the WEBSITE and for any consequences thereof. You agree to use collaborative features only to post or disseminate material that is proper and related to the particular collaborative feature. You are not allowed to use our discussion boards for conducting or forwarding surveys, chain letters, or commercial solicitation. You are not allowed to use the WEBSITE to distribute (by whatever means) content that is abusive, threatening, libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, illegal, or that we (at our sole discretion) otherwise deem objectionable.
2.3. Collaborative Features: SI users contribute to the material found in collaborative features on the WEBSITE. SI reserves the right to monitor the content resulting from the use of these features and at any time delete any material that violates the Standards of Conduct. SI does not take responsibility for the content resulting from the use of these features and is not obligated to monitor, pre-screen, or control the content posted therein. The opinions expressed therein are the sole responsibility of the author of those postings and SI does not support, represent, or guarantee the accuracy or reliability of any such communication.
2.3.1. License: By participating in collaborative features, you are granting SI a royalty free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the WEBSITE.
2.4. External Links: The WEBSITE may contain references to links to other sites, for further learning of the course topic. Such reference to external links on the WEBSITE does not imply SI’s endorsement of the site, its sponsor, or any products or services offered. SI is not responsible or liable for availability or contents of any such site. Use of referenced sites is at your own risk.
3. Privacy Policy :
SI is committed to protecting your privacy. Any information gathered in the process of your registration will not be distributed to third parties. SI will make available only the necessary information in our databases to our instructors and staff to help us serve you better. Your name may appear on the list of active participants on the website when you are logged in. Any personal information provided by you, e.g., on discussion boards, will be available to other participants. We are not responsible to protect the privacy of any information you disclose online.
4. Rates and Payment :
4.1. SI may change the Rates it charges for use of subscribed content on the WEBSITE or add new Rates for SITE CONTENT that was previously free at any time. Such changes shall be effective immediately with respect to new subscriptions and renewals.
4.2. PAYPAL based secure payment transactions are required for online purchase of subscribed SITE CONTENT.
4.3. Refund Policy: No refund will be provided once you are enrolled in the course and have viewed more than one topic (or lesson) in the course content.
5. Termination :
5.1. Your Subscription to a given course commences the day you purchase the course and runs for the specified term of the course, whether or not the website is used. Your obligations under this Agreement will exist until said term expires or the Subscription is terminated by you or SI.
5.2. SI reserves the right to delete any content you may have posted and/or terminate your use of the WEBSITE, if SI believes that you have violated or acted inconsistently with respect to the TOU. Under any of the provisions of this TOU, your access to the WEBSITE and your account may be terminated without prior notice. Further, SI may immediately deactivate access to all related information and files in your account. SI shall not be liable to you or to any third party for such termination of your access to the WEBSITE.
6. Applicable Law :
SHAPE innovations inc., is a Canadian corporation. As such, Canadian laws will govern these terms and conditions.
7. Acceptance of Terms :
SI offers its services to you subject to the above terms. We reserve the right to make changes to the WEBSITE, SITE CONTENT, and these terms and conditions at any time without notice to you. You can review the most current version of our TOU at any time on this page. Your continued use of our site and services following any changes on this page constitutes your agreement with our updated TOU.
8. Disclaimer of Liability :
8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS WEBSITE.
8.2. Information presented on this site is for knowledge enrichment only and is not intended to be a substitute for professional advice. SI makes no representations about the suitability, reliability, timeliness or accuracy of the SITE CONTENT on this WEBSITE for any purpose.
9. Disclaimer of Warranty :
9.1. THE WEBSITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SI AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.
9.2. YOU AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. SI AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS, OF THE WEB SITE OR THE CONTENTS HEREOF. SI DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE OR WITH THIS AGREEMENT, THE PRIVACY POLICY, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
10. Disclaimer of Damages :
10.1. SI IS NOT RESPONSIBLE FOR ANY COSTS INCURRED IF YOUR USE OF THE WEBSITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA. SI SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD PARTY MATERIAL PROVIDED ON THE WEB SITE. YOU AGREE THAT SI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOSS OF ANTICIPATED REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: YOUR USE OR THE INABILITY TO USE THE WEBSITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE USE OF THE WEBSITE AND SITE CONTENT.
10.2. If, notwithstanding the foregoing, SI were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of SI, and its directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors, and anyone else involved in creating, producing or distributing the WEBSITE and/or SITE CONTENT (“RELATED PARTIES”) exceed, either jointly or severally, the aggregate dollar amount paid by you to SI in the twelve (12) months preceding the claimed injury or damage.
11. Indemnification by You :
You agree to defend, indemnify and hold harmless SI and its RELATED PARTIES from any claims, damages, and expenses, including reasonable attorney's fees, that arise from any violation of this TOU by your use of the WEBSITE and/or SITE CONTENT, or in connection with the placement or transmission by you of any material on the WEBSITE except as expressly authorized in this Agreement.
12. Exclusions and Limitations :
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
13. Notices :
SI may give notice to you via electronic mail, by a posting on the WEBSITE or regular mail. The WEBSITE may also provide notices of changes to the TOU or other matters. Notice given by SI shall be effective on the date that SI makes an effort to reach you in good faith.
You shall give notice to SI to the address as stated below. Notice by you to SI shall be effective on the date that SI actually receives the notice.
V ia e-mail:
Via regular mail: SHAPE innovations inc.
88 Summerwalk Place
Ottawa , ON K2G 5Y4
Canada
14. Miscellaneous Information :
You agree to comply with all local laws, rules, and regulations regarding acceptable online conduct and content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
15. Contact :
If you have any questions about these Terms of Use, please contact SHAPE innovations’ Customer Service: service@shape-innovations.com