- “you”, “your”, “they”, “their”, “user(s)” shall refer to any user of the sites;
Ownership of the Sites and the Content
The sites, all its components and the content (in any form: videos, photos, texts, still and animated graphics) displayed on or accessible through the sites (the “Content”) are the exclusive property of the Company and/or its partners and are protected by intellectual property laws.
Use of the Sites and the Content
The Content available on the sites are provided “as is”, for information and non-commercial purposes only.
Any use of the sites and/or the Content for any other purpose or in any other manner than as expressly authorized herein is strictly prohibited.
No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company.
Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
You may not distribute, modify, transmit or use the content of the Sites or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
Trademarks and logos
While the Company uses reasonable efforts to include accurate and up-to-date information in the Sites, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Sites.
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning, or other records or correspondence from the Company so that the Company may provide the services you have requested to be received (“Essential Communications”). You consent to receive Essential Communications electronically by way of transmitting the notice to you by email. You may also be subscribed to marketing emails, as well as our e-mail newsletter, or emails from third-parties made available through the Company. You may opt-out of non-essential communications at any time.
If you send comments or suggestions about the sites to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the sites. Use of the Sites are completely at your own risk.
The information contained on this Site and the resources available for download through this Site are for educational and informational purposes only. The information contained on this Site and the resources available for download through this Site are not intended as, and shall not be understood or construed as legal, financial, tax or any other professional advice.
While the employees and/or owners of the Company are professionals and the information provided on this Sites relates to issues within the Company’s area of professionalism, the information contained on this Sites is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Sites and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Sites should be understood as a recommendation that you should not consult with a professional to address your particular information. Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Sites or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
Your use of this Sites – including implementation of any suggestions set out in this Sites and/or use of any resources available on this Sites – does not create a professional-client relationship between you and the Company or any of its professionals.
The Company does not offer refunds.
You hereby undertake to defend, indemnify and hold harmless the Company and its partners from and against all expenses (including, but not limited to, reasonable legal fees and expenses), costs, losses, liabilities, damages, arising out of or in connection with any claim, demand, action, proceeding, directly or indirectly resulting from or based on a breach by you (or your staff) of this warranty.
Neither the Company nor any other affiliate and/or party involved in creating, producing or maintaining any of the Company’s site and/or content on the sites shall be liable under any circumstances or any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the sites.
Without limiting the foregoing, all content on the sites are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
The Company does not warrant or make any representations regarding the use of the materials in the sites, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction.
The Company likewise does not warrant or make any representations or guarantees that you will be successful in finance, strategy, or digital transformation by using the sites or the Company’s learning management system, technologies or services.
You accept all responsibility for evaluating your own strategies, financials, digital transformation plans as well as executing your own business and services. Your capacity to develop a resilient organization is entirely dependent on your own strategies, methods and analysis; your execution of any plan or strategy; the expertise and skill used; the time you devote to the program and its homework; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals and organizations, the Company cannot and does not warrant or make any representations or guarantees regarding your success.
The Company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that these sites, the content, and/or the materials available on these sites are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The Company shall not be responsible for any performance or service problems caused by any third-party websites or third-party or third-party service provider or third-party plug-in.
Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
Limitations and disclaimers on liability
The Company shall not be responsible for any performance or service problems caused by any third-party websites or third party service provider or third party plug-in (including, for example, your web service provider service, Stripe, Paypal or other payment services, your software and/or any updates or upgrades to that software).
In no event shall the Company be liable for any special incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the sites, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the Company has been advised or is aware of the possibility of such damages
You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:
- your breach of this Agreement,
- any violation by you of law or the rights of any third party,
- any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Sites,
- your use of the Sites or any services that the Company may provide via the Sites, and
- your conduct in connection with the Sites or the services or with other users of the Sites or the services.
The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing law – Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the Province of Ontario and federal laws of Canada.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Updated August 2020