PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY WEBSITE SERVICES PROVIDED TO YOU BY FINDSCHOOL.CA AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF FINDSCHOOL.CA'S LIABILITY AND DISCLAIMERS.
SKIP TABLE OF CONTENTS2. YOUR REGISTRATION OBLIGATIONS
4. USER CONDUCT
6. SOCIAL NETWORKING AND FORUMS
8. RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
11. DOWNLOADS
12. INDEMNITY
13. GENERAL PRACTICES REGARDING USE AND STORAGE
14. MODIFICATIONS TO SERVICE (OTHER THAN PAID SERVICES)
15. TERMINATION
16. CONTENT LINKED TO A CANADA.COM SITE
19. EXCLUSIONS AND LIMITATIONS
20. PROFESSIONAL INFORMATION DISCLAIMER
22. THIRD PARTY DEALINGS & ONLINE SALES DISCLAIMER
23. TRADEMARKS
24. GOVERNING LAW/JURISDICTIONAL ISSUES
26. MISCELLANEOUS
All website services provided to you by Sysparts Technologies., and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as "FindSchool.ca" or "Sysparts.com" or "we") are provided to you subject to the following terms and conditions of service.
By using or accessing (either by computer, e-reader, mobile or other electronic device now or hereafter devised) any FindSchool.ca website or mobile enabled website (each a "FindSchool.ca Site" and collectively, the "FindSchool.ca Sites") or any products, content or other services available on a FindSchool.ca Site (each a "Service" and collectively, the "Services"), including Services offered on a payment basis, you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular FindSchool.ca Site or Service, all as may be modified by FindSchool.ca in accordance with these Terms and Conditions. Without limiting the generality of the foregoing, the Terms and Conditions will also apply if you access a FindSchool.ca Site or Service, or authenticate as a user, through a third party website or social media application. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to shall be the entire agreement between you and FindSchool.ca and any prior communications between you and FindSchool.ca (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a FindSchool.ca Site or any of the Services.
2. Your Registration Obligations
You may be required to establish an account or otherwise register (each a "Member Account") to participate in certain Services
on the FindSchool.ca Site When you provide registration information, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the applicable Services' registration form (such information collectively being the "Registration Data");
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
and
(c) agree to pay membership fees, including applicable taxes, incurred in connection with your use of any service on FindSchool.ca.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend or terminate your Member Account and refuse any and all current or future use of the Services
(or any portion thereof). During registration, you may be asked to provide an e-mail address and to create your own password.
Your e-mail address will become your user identification ("User ID").You are responsible for maintaining the confidentiality of the password and your Member Account,
and are fully responsible for all activities that occur under your password or Member Account.
You agree to:
(a) immediately notify FindSchool.ca of any unauthorized use of your password or Member Account or any other breach of security;
and
(b) ensure that you exit from your Member Account at the end of each session.
FindSchool.ca cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Registration Data and certain other personal information about you is subject to our Privacy Statement. For more information, please see our Privacy Statement. By submitting your personal information you signify your agreement to the Privacy Statement which may be amended from time to time. You agree that FindSchool.ca has the right, but not the obligation, to monitor the FindSchool.ca Sites and the Services electronically from time to time.
You acknowledge and agree that where you are required to set up a Member Account (for example, to comment on a story), if you choose to do so using personal information provided by a third party website or application such as Facebook® or Twitter®, this paragraph constitutes prior written notice to you of, and your consent to, the collection and use of your personal information by FindSchool.ca for the purposes of setting up the Member Account.
You acknowledge that in the event that a third party service provider is located in Canada, but your personal information may be processed and stored in the Canada or the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use and disclosure of your personal information as described above.
TOP »All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on a FindSchool.ca Site, including links to any third party websites or social media applications embedded therein ("Content"), uploaded, posted or otherwise submitted by a user, to FindSchool.ca, a FindSchool.ca Site or the Services ("User Content") is the sole responsibility of the person from which such User Content originates and any uploading, posting or other submission of such User Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to the License, Release and Waiver terms for Music, Photos Content and User Content (as defined in Section 5 below), you also acknowledge and agree that you, and not FindSchool.ca, are entirely responsible for all User Content that you upload, post, or otherwise submit via FindSchool.ca Sites and/or pursuant to the Services. FindSchool.ca does not control the User Content posted via the FindSchool.ca Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using a FindSchool.ca Site or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FindSchool.ca be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including User Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any User Content that:
(a) is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(e) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(l) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
(m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and
(n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or any FindSchool.ca Site and any world wide web pages or any operating system software or hardware on which such Content, Service or FindSchool.ca Site is operated or displayed except as specifically designed into the Content.
FindSchool.ca and its designees shall have the right to remove any User Content that violates these Terms and Conditions, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that FindSchool.ca may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FindSchool.ca, its users and/or the public.
You agree that by uploading, posting or otherwise submitting any User Content materials to any content generating or submitting Service or page on a FindSchool.ca Site including, without limitation, to any live chat, commenting application, forum, social media application/page literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, any contest page, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions linked here for your reference.
WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY USER CONTENT OR RELATED MATERIAL TO FindSchool.ca BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. EXCEPT IN RESPECT OF MUSIC (WHICH USE SHALL BE GOVERNED BY THE MUSIC SUBMISSION LICENSE, RELEASE AND WAIVER) BY SUBMITTING USER CONTENT OR ANY RELATED MATERIAL TO FindSchool.ca, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE USER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO FindSchool.ca THAT THE USER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE USER CONTENT OR ANY RELATED MATERIAL AND THAT FindSchool.ca IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND
OTHERWISE EXPLOIT THE USER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FindSchool.ca, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
6. Social Networking and Forums
When participating in the various social networking aspects of FindSchool.ca such as commenting applications, forums, blogs or live chats (each a "Forum", collectively, "Forums"), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. FindSchool.ca cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information.
When participating or commenting in any Forum on or through FindSchool.ca you may not post, upload, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular Forum. Use of FindSchool.ca's Forums for commercial purposes of any kind is strictly prohibited. Please note that FindSchool.ca reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Use of and/or participation in any Forum shall indicate your acceptance of the Terms and Conditions.
In cases where you have authorized a minor to use a FindSchool.ca Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of a FindSchool.ca Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a FindSchool.ca Site may contain Content that is inappropriate for minors. You acknowledge that FindSchool.ca has no obligation to monitor the Services or any Content accessible through the FindSchool.ca Sites.
8. Restrictions on Re-use, Re-sale of Services
All Content available on a FindSchool.ca Site, including the manner in which such Content is presented, and the Services are:FindSchool.ca - Copyright © 2012- 2024 Sysparts Technologies. All rights reserved.., its affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. FindSchool.ca grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a FindSchool.ca Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, sweepstakes, promotion or other similar offering on any FindSchool.ca Site (each, a "Contest") shall also be subject to and governed by the specific rules and regulations in respect of that Contest.
No Forum or other areas of the FindSchool.ca Sites may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the FindSchool.ca Sites and barring such violators from use of the FindSchool.ca Sites. We reserve the right to block access to FindSchool.ca Sites by any user known or reasonably believed to be utilizing automated means to process commercial uses (including sale of goods and services).
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon, to register for a Member Account or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" pages contained on FindSchool.ca Sites, or make any other request to transactional servers, more than once during any three second interval.
Certain Services may allow you to download some forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by FindSchool.ca or third parties subject to these Terms and Conditions and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by FindSchool.ca or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that FindSchool.ca or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that FindSchool.ca, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. FindSchool.ca Sites and/or Services and software derived from FindSchool.ca Sites and/or Services may be further subject to certain Canadian and United States export controls. No software from any FindSchool.ca Site or Service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country prohibited by such export controls or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the FindSchool.ca Sites, Services or any software derived there from, you acknowledge that it is your responsibility to determine the applicability of and the compliance with, any export controls and you hereby represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list referred to above in respect of any applicable export control.
You agree to defend, indemnify and hold harmless each of FindSchool.ca, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a FindSchool.ca Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference) or your Paid Services Agreement; (b) your access to or use of a FindSchool.ca Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a FindSchool.ca Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. General Practices Regarding Use and Storage
You acknowledge that FindSchool.ca may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that User Content will be retained by a FindSchool.ca Site, the maximum number of times (and the maximum duration for which) you may access the FindSchool.ca Sites or the Services in a given period of time. You agree that FindSchool.ca has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted on or by a FindSchool.ca Site or Service. You further acknowledge that, in relation to free services, FindSchool.ca reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. Modifications to Service (Other than Paid Services)
For users of the FindSchool.ca Sites and/or any Services, other than Paid Services, FindSchool.ca reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, any FindSchool.ca Sites or Services (or any part of such FindSchool.ca Sites or Services) with or without notice. You agree that any modification or discontinuance of any FindSchool.ca Sites or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, FindSchool.ca may immediately deactivate or delete your Member Account and all related information and files in your Member Account (including any Registration Data).
You further agree that FindSchool.ca shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of a FindSchool.ca Site or Service will mean that you accept those changes. For users of Paid Services, modifications of your Services and these Terms and Conditions are governed by your Paid Services Agreement, including all relevant provisions of these Terms and Conditions.
You agree that FindSchool.ca, in its sole discretion, may suspend or terminate your Member Account, or use of the FindSchool.ca Sites or Services, and remove and discard any User Content within the Service at its convenience, or for any reason, including, without limitation, for lack of use or if FindSchool.ca believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. FindSchool.ca may also in its sole discretion and at any time discontinue providing the FindSchool.ca Sites or Services, or any parts of the FindSchool.ca Sites or Services, including Paid Services, with or without notice. You agree that any suspension and/or termination of your access to the FindSchool.ca Sites or Services may be effected without prior notice, and acknowledge and agree that FindSchool.ca may immediately deactivate or delete your Member Account and all related information and files in your Member Account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that FindSchool.ca shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a FindSchool.ca Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of FindSchool.ca in operating a FindSchool.ca Site or any of the Services, your sole and exclusive remedy is to discontinue using the FindSchool.ca Site or Services in question. If you wish to delete your Member Account, please use the Delete My Account option on your Member Profile page.
16. Content Linked to a FindSchool.ca Site
Please exercise discretion while browsing the Internet. Please note that certain links on the FindSchool.ca Sites may take you to, or otherwise interact with, other websites. FindSchool.ca provides these links only as a convenience and not as an endorsement by FindSchool.ca. These linked sites are not necessarily under the control of FindSchool.ca. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites. FindSchool.ca is not responsible for the content of any such linked sites or any other web page which is not part of a FindSchool.ca Site and under FindSchool.ca's control. Unless otherwise expressly provided, FindSchool.ca makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that FindSchool.ca will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a FindSchool.ca Site or the use of any personal information that you provide to such linked site by the operator(s) of such linked site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF ANY FindSchool.ca SITE OR SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FindSchool.ca SITES OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FindSchool.ca EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FindSchool.ca MAKES NO WARRANTY THAT (i) THE FindSchool.ca SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE FindSchool.ca SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FindSchool.ca SITES OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FindSchool.ca SITES OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FindSchool.ca SITES OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FindSchool.ca, A FindSchool.ca SITE OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FindSchool.ca SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FindSchool.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FindSchool.ca SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE FindSchool.ca SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FindSchool.ca SITES OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE FindSchool.ca SITES OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT FindSchool.ca HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE FindSchool.ca SITES, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FindSchool.ca. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. Professional Information Disclaimer
The FindSchool.ca Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, school information and school boundary related matters. The Professional Information is provided based on public information which may not be accurate. For example, school attendance areas as well as associated feeder schools may be changed at any time in accordance with Board policy and procedures. To verify legal descriptions of boundaries or to determine school locations or attendance, you should contact the school districts. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. FindSchool.ca does not assume any liability or responsibility for unintentional errors, accidental omissions or incomplete information. For final determination, particularly if your address is close to a boundary line, please contact the school board. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that FindSchool.ca, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Any and all pictures, graphics, video, text contents, search results located through any FindSchool.ca Site's search services are protected by copyright and/or other intellectual property laws. FindSchool.ca does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a FindSchool.ca Site, all of the Multimedia Content contained on such sites is owned and served by entities other than FindSchool.ca. FindSchool.ca provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through a FindSchool.ca Site's search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
22. Third Party Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible on the FindSchool.ca Site are provided by third parties, including web server and payment service. You acknowledge that in dealings with third parties. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party's alone. You agree that FindSchool.ca shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a FindSchool.ca Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.
FindSchool.ca,FindSchool.ca trademarks and design marks,are trademarks and registered trademarks of Sysparts Technologies, and/or their affiliates or related companies (collectively, the "Sysparts Technologies"). All other product, brand and company names and logos used or mentioned on a FindSchool.ca Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a FindSchool.ca Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
24. Governing Law/Jurisdictional Issues
Except for third party sites and services independently operated and accessed through FindSchool.ca Sites, all other FindSchool.ca Sites and Services are controlled, operated and administered by Sysparts Technologies from its offices within Canada. FindSchool.ca makes no representation or warranty that a FindSchool.ca Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a FindSchool.ca Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a FindSchool.ca Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and the Federal Courts situate therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any FindSchool.ca Site or Service (including PayPal Services) or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act 1991, (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
These Terms and Conditions and, where applicable, constitute the entire agreement between FindSchool.ca and you pertaining to your use of the FindSchool.ca Sites and Services and, except as specifically set forth herein, supersede any prior agreements between you and FindSchool.ca relating to the FindSchool.ca Sites and Services. FindSchool.ca may assign these Terms and Conditions, in whole or in part, at any time. FindSchool.ca's failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que sý rattachent soient rédigés en anglais (Version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.
