CENTER FOR COLLABORATION, MOTIVATION AND INNOVATION
TERMS OF SERVICE
Welcome to the Centre for Collaboration, Motivation and Innovation (“CCMI”) learning management system (the “LMS”). BEFORE YOU CAN USE THE LMS, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE LISTED BELOW, ALL POLICIES AND TERMS REFERRED TO BELOW , AND ANYCHANGES TO THE TERMS BELOW THAT WE MAY MAKE AT ANYTIME IN THE FUTURE. Your access to and use of this Site is expressly conditioned on your acceptance without modification of the following Terms of Service. By using this LMS, you signify your acceptance of these Terms of Service. If you do not agree with any part of the following Terms of Service, you must not use this LMS.
CCMI reserves the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the LMS, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the LMS. Your continued use of this LMS following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Term of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the LMS.
These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with CCMI for other products or services. All questions or comments about the LMS or its contents should be directed to eLearning@centrecmi.ca.
After you have accepted these Terms of Service, you may enrol for a program or workshop (a “Program”) on the LMS and become an authorized user of our learning services.
You will receive an account with a password and account designation (an “Account”) when you have completed the Program enrolment process. In consideration of your use of the LMS and your Account, you agree:
(a) to provide true, accurate, current and complete information about yourself;
(b) that you hereby waive any future challenge to the validity and enforceability of any request to enrol in a program submitted via the LMS on the grounds that it was electronically transmitted and authorized;
(c) that CCMI is not responsible for any costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the LMS, including without limitation to enrol in Programs;
(d) that you are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions of your use of the LMS;
(e) to immediately notify us of any unauthorized use of your password or Account or any other breach of security; and
(f) that you are fully responsible for managing your Account, including but not limited to:
(i) maintaining the confidentiality of passwords and/or any Account information; and
(ii) maintaining and promptly updating the Account information to keep it true, accurate, current and complete.
All content included on this LMS is the property of CCMI, and/or its various third party providers and distributors and is protected under the intellectual property laws of Canada and other countries. None of the content found on this LMS may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of CCMI and/or its third party providers and distributors.
All copyrighted and copyrightable materials on this LMS, including, without limitation, the CCMI logo, design, text, graphics, pictures, and other files, and the selection and arrangement (collectively, the “Materials) thereof are the property of CCMI and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CCMI or the respective copyright owner.
CCMI grants you a limited license to use this LMS to learn about CCMI and to enroll in and access Programs and associated materials (the “Program Materials”) .You shall not use this LMS for any other purposes. Such grant does not include, without limitation: (a) any resale or commercial use of the LMS and/or the Programs or content therein, including without limitation the Program Materials; (b) the collection and use of any Program listings or descriptions; (c) making derivative uses of the LMS and/or the Programs and their contents, including without limitation the Program Materials; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CCMI or any third party.
This LMS and the content provided in this LMS, including without limitation, the Program Materials, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of CCMI, except that you may download, display and print the materials presented on this LMS for the licensed purposes only; provided that, you may not, without the permission of CCMI or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this LMS and/or the materials contained on this LMS, including without limitation the Program Materials may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any CCMI trademark, logo or other proprietary information (including the images found at this LMS, the content of any text or the layout/design of any page or form contained on a page) without CCMI’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an CCMI name, trademark, or product name without CCMI’s express written consent.
You represent that you are of sufficient legal age to use this LMS and to create binding legal obligations for any liability you may incur as a result of the use of this LMS. You understand that you are financially responsible for all uses of this LMS by you and those using your Account.
You agree that CCMI, in its sole discretion, may terminate your password, Account or use of the LMS, or restrict your access to any component of this LMS, for any reason, including without limitation, for lack of use or if CCMI believes that you have violated or acted inconsistently with the Terms of Service or applicable laws or regulations. CCMI may also, in its sole discretion and at any time, discontinue providing the LMS, or any part thereof, with or without notice. You agree that any termination of access to the LMS under any provision of the Terms of Service may be effected without notice and acknowledge and agree that CCMI may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the LMS. Further, you agree that CCMI shall not be liable to you or any third party for any termination or restriction of access to the LMS.
YOUR USE OF THE LMS IS AT YOUR SOLE RISK. THE LMS AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY CCMI TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS LMS. CCMI MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE CCMI LMS, ITS OPERATION, CONTENTS, INFORMATION, OR MATERIALS.
CCMI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS LMS OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS LMS, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT CCMI, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE LMS. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CCMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CCMI (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE LMS EXCEED CAD$ 100.00 OR THE COMPENSATION YOU PAID CCMI, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
You shall indemnify, defend and hold harmless CCMI and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this LMS, including but not limited to any violation by you of the Terms of Service. CCMI reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations. You shall use your best efforts to cooperate with us in the defense of any claim.
This LMS may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by CCMI of the linked web site or information contained therein. CCMI shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
The relationship between CCMI and you will be that of independent contractors, and neither of you nor CCMI nor any of either’s respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this LMS.
This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this LMS and this Agreement.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The heading used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
These Terms of Service, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this LMS.