Edu.Knotia.ca Terms and Conditions v1.00

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE EDU.KNOTIA.CAWEB SITE. ACCESS TO EDU.KNOTIA.CA IS PROVIDED TO YOU THROUGH YOUR UNIVERSTIY OR COLLEGE, AND YOUR USAGE IS SUBJECT TO THE EDU.KNOTIA.CA TERMS AND CONDITIONS. BY USING THE EDU.KNOTIA.CA WEB SITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE EDU.KNOTIA.CA WEB SITE. IN THE EVENT THAT YOU BREACH ANY OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO SUSPEND YOUR USAGE OF EDU.KNOTIA.CA. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE EDU.KNOTIA.CA WEB SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.

1.      Rights in Edu.Knotia.ca Web Site and Content

The Edu.Knotia.ca Web Site and all content provided on the Edu.Knotia.ca Web Site is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by The Canadian Institute of Chartered Accountants and/or Ernst & Young Electronic Publishing Services Inc. (collectively, the "Owners"). Nothing contained on the Edu.Knotia.ca Web Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying the Owners or their respective products and services displayed on the Edu.Knotia.ca Web Site, without the expressed written consent of the Owners or such third party that may own such trade-marks, logos and other names displayed on the Edu.Knotia.ca Web Site.

2.      Use of Edu.Knotia.ca Web Site and Content

     

  1. No information or material from the Edu.Knotia.ca Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed to any third party in any way whatsoever. However, you may print, or copy and paste excerpts from Knotia for your own personal use or include it in reports or assignments. You agree to abide by all copyright notices, information and restrictions contained in any content on the Edu.Knotia.ca Web Site and any content accessed through the Edu.Knotia.ca Web Site. You are hereby advised that the Owners will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
  2. You will use the Edu.Knotia.ca Web Site and any content, material, or information found on the Edu.Knotia.ca Web Site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Edu.Knotia.ca Web Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Edu.Knotia.ca Web Site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Edu.Knotia.ca Web Site.
  3. The Owners have no obligation to, and do not and cannot review, every item of material or information that you and users other than yourself make available through the Edu.Knotia.ca Web Site, and the Owners are not responsible for any of this material or information. However, the Owners reserve the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that they deem in their sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, the Owners reserve the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
  4. You hereby grant to the Owners a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to the Edu.Knotia.ca Web Site and/or to incorporate it in other works regardless of form, medium or technology.

 

3.      Disclaimer of Warranties & Limitation of Liability

     

  1. THE INFORMATION CONTAINED ON THE EDU.KNOTIA.CA WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER'S NEED. DOCUMENTS PROVIDED ON THE EDU.KNOTIA.CA WEB SITE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE EDU.KNOTIA.CA WEB SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE EDU.KNOTIA.CA WEB SITE, ARE PROVIDED ON AN "AS IS" BASIS. THE OWNERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE EDU.KNOTIA.CA WEB SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE EDU.KNOTIA.CA WEB SITE. NEITHER THE OWNERS NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE EDU.KNOTIA.CA WEB SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE EDU.KNOTIA.CA WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE EDU.KNOTIA.CA WEB SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE EDU.KNOTIA.CA WEB SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE EDU.KNOTIA.CA WEB SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE EDU.KNOTIA.CA WEB SITE. NEITHER THE OWNERS NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE EDU.KNOTIA.CA WEB SITE OR ACCESS TO AND USE OF THE EDU.KNOTIA.CA WEB SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE EDU.KNOTIA.CA WEB SITE IS AT YOUR SOLE RISK.
  2. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL THE OWNERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE EDU.KNOTIA.CA WEB SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE OWNERS, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

 

4.      Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless the Owners, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the Edu.Knotia.ca Web Site, the content contained in the Edu.Knotia.ca Web Site and the placement or transmission of any information or other materials on the Edu.Knotia.ca Web Site made by you or others using your account. You agree to promptly notify the Owners immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. The Owners reserve the right, in their sole discretion and at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

5.      Recourse

If you are dissatisfied with the Edu.Knotia.ca Web Site or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Edu.Knotia.ca Web Site. In such an event, you agree to destroy all materials obtained by you on the Edu.Knotia.ca Web Site in your possession or control. The Terms and Conditions shall survive any such termination.

6.      Miscellaneous Terms

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as the Owners may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the Edu.Knotia.ca Web Site by the Owners constitute the entire agreement between the Owners and you with respect to your use of the Edu.Knotia.ca Web Site. No waiver by either the Owners or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, be drawn up in English only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis, s'y rattachant soient rédigés en anglais seulement.

 


 

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