Terms of Use |
Terms of Use Agreement
[Last updated: 6 May 2005]
This Terms of Use Agreement (the "Agreement") is a legal agreement between you (a "User") and the Canada Millennium Scholarship Foundation (the "Foundation"), the owner and operator of this web site (the "Website"). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, information for students, millennium scholarship recipients, student advisors and partners, articles, text, research reports, photographs, images and illustrations (the "Content"). BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
The Foundation may unilaterally revise this Agreement from time to time, in which case we will provide you with a notice of such revision by posting the amended Agreement on this Website. Use of the Website after such notice will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
- Ownership
- Trade-marks
- Limited Licence
- Prohibited Uses
- Registration and Passwords
- Disclaimer of Warranties
- Limitation of Liability
- Indemnity
- Other Sites
- Linking
- Electronic Communications
- Agreement to Privacy Policy
- Governing Law and Jurisdiction
- Contact Us
- General Provisions
- Ownership
This Website and its Content are protected by copyright law, and are owned by the Foundation, its licensors, and/or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Website or its Content, including any modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Foundation.
- Trade-marks
Names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of the Foundation or third parties. While certain trade-marks of third parties may be used by the Foundation under license, the display of third party trade-marks on the Website should not be taken to imply any relationship or license between the Foundation and the owner of the trade-mark or to imply that the Foundation endorses the wares, services or business of the owner of the said trade-mark.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Trade-marks") displayed on the Website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade-marks displayed on the Website.
- Limited Licence
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright, trade-mark and other notices contained in such Content. If you violate any provision of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any Content.
- Prohibited Uses
You are prohibited from posting or transmitting on or through this Website any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting on or through this Website any information which (a) infringes the rights of others or violates their privacy or publicity rights or (b) is protected by copyright, trade-mark or other proprietary right, unless with the express written permission of the owner of such right.
Furthermore, you may not, nor may you allow others to, directly or indirectly:
- use this Website in any manner that could damage, disable, overburden or impair it;
- interfere with the security of, or otherwise abuse, this Website or any services, system resources, accounts, servers or networks connected to or accessible through this Website or affiliated or linked sites;
- disrupt or interfere with any other person's use or enjoyment of this Website or affiliated or linked sites;
- upload, post or otherwise transmit on this Website any items, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs; or
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Content in whole or in part.
You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to your use of or activities on this Website or in respect of the Contents. You shall be solely liable for any damages resulting from any infringement of copyright, trade-mark, or other proprietary right, or any other harm resulting from your use of this site.
Under the appropriate circumstances, it is the Foundation's policy to remove and/or to disable access to the Website of infringers of this Agreement.
Registration and Password
Millennium scholarship recipients, guidance counsellors and any other individuals who may be granted restricted access to password protected portions of the Website are responsible for maintaining the confidentiality of their registration information and password. They shall be responsible for all uses of their password, whether or not authorized by them. They agree to immediately notify the Foundation of any unauthorized use of their registration or password.
Disclaimer of Warranties
THE WEBSITE AND THE CONTENT IS PROVIDED "AS IS". WHILE THE FOUNDATION ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE FIT FOR A PARTICULAR PURPOSE, (II) THE WEBSITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST BUSINESS, LOST PROFIT, BUSINESS INTERRUPTION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, CIVIL LIABILITY (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE FOUNDATION KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify and hold harmless the Foundation, its officers, directors, employees and agents, including all third parties mentioned at this Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Website or contact or your breach of this Agreement.
Other Sites
The Website may contain links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Foundation of the contents of such third-party websites. The Foundation is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation, (i) regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party Websites, (ii) regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party Websites, or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
Linking
While the Foundation encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of the Foundation or which contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights.
The Foundation reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of the Foundation.
The framing of the Website or any of its content in any form and by any method is strictly prohibited. The mirroring of the Website or any of its content in any form and by any method is strictly prohibited. You may not cause any advertisement including any pop-up or banner advertisement to appear at, or on, or after exiting, the Website.
Electronic Communications
When you visit the Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Agreement to Privacy Policy
You can find further information on the collection, use, communication, and disclosure of your personal data in the Foundation's Privacy Policy. The Privacy Policy is incorporated by reference into this Agreement.
Governing Law and Jurisdiction
By accessing or using the Website, you agree that all matters relating to your access to, or use of the Website and its Content shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Quebec with respect to all matters relating to the Website.
Any violation of this Agreement may be prosecuted in conformity with the relevant Foundation policy, provincial and federal laws (e.g. the Protection of Personal Information and Electronic Documents Act, the Act respecting the protection of personal information in the private sector, the Civil Code of Quebec, the Quebec Act establishing a legal framework for information technology) and the principle of fundamental justice.
Contact Us
If you are experiencing difficulties in using the Website or if you have any questions or comments regarding the Website, please contact us.
General Provisions
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not effect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will inure to the benefit and be binding upon the Foundation and each of its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.
No waiver, express or implied, by the Foundation or you of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Any rights not expressly granted by this Agreement are reserved to the Foundation.
This Agreement is subject to change without notice.
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