Web Site Terms and Conditions
This Web Site (moodle.michenersolutions.ca) (the “Web Site”) is provided to you by The Michener Institute of Education at UHN (“Michener”), subject to your acceptance of the terms and conditions contained herein.
These Terms and Conditions explain the terms and conditions under which you may use the Web Site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS YOUR USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS THERETO. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS PLEASE DISCONTINUE YOUR USE OF THE WEB SITE.
You agree that your use of this Web Site (including downloading material) is at your sole risk. All materials and information published on or otherwise accessible through this Web Site which may include, without limitation, text, images, graphics, audio clips and software (the “Content”) are provided on an “as is” and “as available” basis. Michener does not warrant or make any representations concerning the completeness, timeliness, suitability or accuracy of any of the Content displayed on or accessible through this Web Site, or that access to this Web Site will be uninterrupted, timely, secure, or error free. In no event shall Michener be liable for any damages of any kind related to the use or misuse of the Content. Michener disclaims and negates all warranties and conditions, whether express or implied, in respect of the Content including, without limitation, implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights.
Limitation of Liability
IN NO EVENT WILL MICHENER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEB SITE OR ANY CONTENT AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INABILITY TO REGISTER FOR A COURSE OF STUDY, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF MICHENER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
You agree to indemnify and hold Michener and its governors, officers, employees, contractors and agents harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Web Site or your breach of these Terms and Conditions.
© 2020. The Michener Institute of Education at UHN. All rights reserved. The Content of this Web Site is protected by Canadian and other national and international copyright, trademark and other laws. All Content is owned or controlled by Michener. The copying, reproduction, redistribution or publication of any part of this Web Site and/or the Content is prohibited, unless expressly authorized in writing by Michener. Use of the Content for any purpose other than as expressly permitted by the terms and conditions set out on this Web Site or by the owner of the Content is prohibited, and may result in civil and/or criminal penalties. You agree to abide by all additional copyright notices and restrictions contained in any Content and in any other content accessed through this Web Site. You acknowledge that you do not acquire any ownership rights by downloading Content from this Web Site.
The trade-marks, logos, names and icons identifying Michener’s and/or any third party products and/or services (collectively the “Trade-marks”) displayed on this Web Site, are registered and unregistered Trade-marks of Michener and others. Nothing contained on this Web Site should be construed as granting any licence or right to use any Trade-mark displayed on this Web Site, without the written permission of Michener or other owner. Your use of the Trade-marks is prohibited. You are advised that Michener will enforce its intellectual property rights to the fullest extent of the law, which may result in civil and/or criminal penalties.
Use of this Site
While visiting this Web Site you may not: (A) post, upload, publish, reproduce or otherwise distribute information or other material (i) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or (ii) which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright owner or right holder; or (B) otherwise use this Web Site in a manner which is contrary to law including, without limitation, the posting or transmitting of any information or software which contains a virus or other harmful or disruptive component. Please see our Social Media Guidelines for more information on social media comments.
The Web Site may contain links to third-party websites. Michener has no control over such third-party websites. Michener makes no representations or endorsements whatsoever about any such linked site or with respect to any product and/or service available on any such linked site. It is your responsibility to take precautions to ensure that any material obtained by you from any such linked site is free of such items as viruses and other items of a destructive nature. Use of any such linked site and/or any information obtained therefrom is at your own risk.
Michener reserves the sole right to either modify or discontinue this Web Site including any features therein at any time with or without notice to you. Michener shall not be liable to you or to any third party should Michener exercise such right.
Michener reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Web Site, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice. Your continued use of the Web Site after such modifications will constitute your: (a) acknowledgement of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with this Web Site, your only recourse is to immediately terminate your use of this Web Site.
These Terms and Conditions, which may be modified from time to time, including any documents referenced herein and any other applicable terms and conditions contained on this Web Site constitute the entire agreement between Michener and you pertaining to your use of this Web Site. Michener’s failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision hereof.
These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Michener’s prior written consent.
You agree to comply with all applicable laws and regulations in your use of this Web Site. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (without regard to conflicts of laws provisions).
The section headings used herein are for convenience of reference only and have no legal or contractual significance.
Michener has no obligation to monitor this Web Site. However, you agree that Michener has the right to monitor this Web Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate this Web Site properly, or to protect itself.
If you have any issues and/or questions with these Terms and Conditions or any rule, policy, guideline or practice which Michener uses to operate this Web Site, please contact us at OWRSSLearning@michener.ca and Michener will be pleased to respond to your concerns.