Terms of Service
Effective Date: January 1, 2018
Thank you for visiting Canaway Services!
Canaway Services reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
DESCRIPTION OF Canaway Services
Canaway Services is designed primarily as an educational resource. It is not intended to provide inclusive information. Canaway Services offers online information that include opportunities for interactivity, and individual assessment of a user's personal situation.
RULES FOR ONLINE CONDUCT
You agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, forms, and file uploads. You agree that you will use the Site in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Canada and United States export control laws.
As a condition of your use of the Canaway Services programs, you will not use the Site in any manner intended to damage, disable, overburden or impair any Canaway Services server or the network(s) connected to any Canaway Services server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Canaway Services server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another’s computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
USER INFORMATION AND AUTHORITY
YOUR RIGHT TO USE CONTENT ON THE SITE
Unless indicated as being in the public domain, the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, video, images and other materials offered on this Site are for your personal use only.
Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.
You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.
User Postings Representations and Warranties. By submitting or distributing your User Postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize Canaway Services and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Canaway Services, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to Canaway Services.
By submitting or distributing your User Postings, you hereby grant to Canaway Services a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License Grant to Canaway Services Users.
By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.
All Trademarks not owned by Canaway Services or the Members that appear on the Site or through the services made available on or through the Site, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
Canaway Services AND THE Canaway Services PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. Canaway Services AND THE Canaway Services PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “Canaway Services PARTICIPANTS” MEANS Canaway Services employees, THE OTHER MEMBERS, THE ENTITIES PROVIDING INFORMATION, CONTENT OR SERVICES FOR THE SITE, AND THEIR STAFFS.
User Postings Disclaimer. You understand that when using the Site you will be exposed to User Postings from a variety of sources and that neither Canaway Services nor the Canaway Services Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Canaway Services or any of the Canaway Services Participants with respect thereto. Neither Canaway Services nor any of the Canaway Services Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither Canaway Services nor any of the Canaway Services Participants have any obligation to monitor any User Postings or any other user communications through the Site.
However, Canaway Services reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the Canaway Services Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, Canaway Services may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. Canaway Services and the Canaway Services Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER Canaway Services NOR ANY OF THE Canaway Services PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Canaway Services NOR ANY OF THE Canaway Services PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT Canaway Services OR ANY OF THE Canaway Services PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, hold harmless and indemnify Canaway Services and the Canaway Services Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Canaway Services or one of the Canaway Services Participants will provide you with written notice of such claim, suit or action.
Termination Rights; Discontinuation of Content. You agree that Canaway Services, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is Canaway Services' policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. Canaway Services and the Canaway Services Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through Canaway Services, or to cease providing any part or all of the Site content or related services, and you agree that neither Canaway Services nor any of the Canaway Services Participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.
Waiver and Severability of TOS. The failure of Canaway Services to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.
Choice of Law/Forum Selection.
You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the province of Ontario in Canada, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or provincial courts located in and serving Toronto, Ontario, Canada. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).