Terms of Use

Last Updated: ● June, 2016

These Terms of Use apply to all users of The Mehrit Centre’s website self-reg.ca and Dr. Stuart Shanker and The MEHRIT Centre’s Self-Reg eSchool website self-reg.brightspace.com/d2l/home (individually a “Site” and collectively the “Sites”).

The Sites provide information regarding The Mehrit Centre Ltd. (“TMC”) and the resources, online communities, courses, services and other opportunities that we provide. By accessing and using a Site, or by clicking the “I agree” checkbox on the eSchool, you accept and agree to each of the terms and conditions set forth in these Terms of Use with respect to your use of such Site. Additional terms and conditions applicable to specific areas of a Site or to particular features, content or transactions may be posted in particular areas of a Site and, together with these Terms of Use, govern your use of those areas, features, content or transactions on such Site (“Additional Terms”). Any applicable Additional Terms from time to time in effect are incorporated into these Terms of Use by reference. As used in these Terms of Use, the terms “we”, “us” and “our” refer to TMC. If you do not agree to any of these Terms of Use, do not use the Sites.

Changes

  • TMC reserves the right to change these Terms of Use from time to time without advance notice. If we do so, we will post the modified Terms of Use on the Sites. You are responsible for regularly reviewing these Terms of Use including any Additional Terms posted on the “Terms of Use” pages within the Sites. Your use of a Site or any of its Content (as defined below) following any such changes constitutes your agreement on a prospective basis to be bound by the modified Terms of Use and all of the changes. The last date these Terms of Use were revised is as set forth at the top of this page.

Copyright

  • The Sites and the information, writings, newsletters, video material, audio material, images, graphics and/or other works available on the Sites (individually or collectively, the “Content”) are protected by copyright, trademark and other laws, and belong to TMC or our contributors or third parties. The copyrights in the Content are owned by TMC or other copyright owners who have authorized their use on the Sites. All rights in the Sites and the Content that are not expressly granted are reserved. You may use the Sites and the Content only in the manner and for the purposes specified in these Terms of Use.

Trademarks

  • You are prohibited from using any of the trademarks, service marks or logos appearing throughout the Sites without permission from the trademark owner, except as permitted by applicable law.

Use of Sites and Content

  • You may access and use the Sites and the Content solely for non-commercial purposes in accordance with these Terms of Use. In addition, you may download or print Content for which a downloading or print option is offered on a Site and, except as otherwise provided in these Terms of Use or otherwise by TMC (for example in certain password-restricted areas of a Site), you may display or distribute that Content for your non-commercial, personal use or for educational or other non-commercial purposes in support the well-being of children, teens or families in your community. You may not alter or modify the Content or reproduce, publish, display, publicly perform, transmit, distribute, sell, license or otherwise exploit the Content in any way for commercial purpose.
  • If you are registered with TMC’s Self-Reg eSchool, the Content includes course videos and any other course materials provided by TMC on such Site (“Course Materials”). You may access, use and display the Course Materials, and download and print Course Materials for which a download or print option are provided, solely for your own non-commercial personal use. You may not publish, distribute, display, publicly perform, transmit or otherwise make available any of the Course Materials to others, without TMC’s prior written permission. In no event may you alter or modify the Course Materials.
  • No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Except as expressly permitted by these Terms of Use, you may not use, modify, reproduce, display, publish, publicly perform, distribute, transmit, or derive another work from any Content obtained from the Sites without specific permission from TMC or the copyright owner.
  • You agree to retain all copyright and other proprietary notices on any Content you obtain from the Sites. None of the foregoing restrictions will apply to your own User Content (as defined below).

Registration; User Accounts

  • In order to access and use TMC’s Self-Reg eSchool Site or certain areas, features or Content on a Site, for example, Self-Reg Portal Plus or the Parent Self-Reg Portal, or to enrol in certain courses, conferences or webinars, you may be required to register with the Site, establish an account and/or pay a membership or registration fee plus applicable taxes. If you register, you agree to provide accurate and complete information when creating or updating your account. You are responsible for maintaining the confidentiality of your account and password information and ensuring that you log out after each session. You are solely responsible for the activity that occurs on your account and for keeping your password secure. You agree to notify us immediately of any unauthorized use of your account or other breach of security. TMC will not be liable for loss or damages caused by any unauthorized use of your account. You may not use another’s account without TMC’s permission. We may terminate your account if you violate any provision of these Terms of Use.

User Conduct

  • You agree to access and use the Sites and the Content only for lawful purposes, in compliance with all applicable laws and these Terms of Use. You agree not to take any action that might compromise the security of the Sites, render the Sites or the Content inaccessible to others, or otherwise cause damage to the Sites or the Content. You agree not to attempt to access any Content that is not intended for you or to attempt to gain unauthorized access to any part of the Sites. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or downloading of any Content. You agree not to use the Sites or any Content in any manner that infringes or violates anyone’s rights.

User Submissions, Discussion Forums and Rules of Conduct

  • Certain areas or features of the Sites allow you to participate in online discussion forums and/or to submit or post comments, messages, profiles, audio material, video material, and/or other information or content for use and display on the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to a Site, and for the consequences of posting or submitting it. By posting or submitting User Content to a Site, you grant TMC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, publish, reformat, prepare derivative works of, display, perform, distribute and otherwise make available your User Content in connection with the Site and for our broader educational purposes, in any manner or media, and you waive any and all claims you may now or later have to any moral rights with respect to such User Content. By posting or submitting User Content to a Site, you represent, warrant and agree that you have all necessary legal rights, consents and permissions to post or submit such User Content and to grant us the foregoing license, and that neither your User Content nor our use of it as permitted under the foregoing license will violate these Terms of Use, any applicable law or the rights of any person or entity.
  • Please choose the User Content that you submit or post to the Sites carefully. User Content that you post to a discussion forum on a Site, such as Self-Reg Portal Plus or Parent Self-Reg Portal, may be seen by other users of such discussion forum and User Content that you post to a public area of a Site may be seen by other users of the Site. Where we have made settings available (for e.g., within ePortfolio on the Self-Reg eSchool Site), we will honor the choices you make about who you choose to share your User Content with.
  • You agree not to submit or post any User Content, or engage in any other activity in connection with a Site, that:
  • violates or infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity
  • contains or constitutes confidential information
  • violates any law or regulation
  • is intentionally false or misleading
  • defames, threatens, or harasses anyone
  • is racist, sexist, profane, harmful, dangerous, abusive, or offensive
  • is obscene or contains pornography
  • contains or consists of advertising or any form of commercial solicitation, messaging or activity
  • contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any computer system, or may unlawfully intercept any data or personal information
  • overburdens, impairs or otherwise interferes with the operation of the Site or other users’ use or enjoyment of the Site.
  • We reserve the right (but are not obligated) to monitor the Sites and User Content and to remove any User Content posted or submitted by you, at any time (without notice) and for any reason, in our sole discretion, including if we believe User Content violates the above standards or any other provision of these Terms of Use, and to suspend or terminate your account and/or right to use the Sites, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.

Disclaimer of Warranties

  • The Content provided by TMC on the Sites is provided for educational or informational purposes only. It is not intended to be a substitute for professional advice, whether medical, legal or otherwise. Nothing on the Sites or in these Terms of Use creates or will be deemed to create a client/therapist relationship of any kind. While TMC makes reasonable effort to present accurate and reliable information on the Sites, TMC does not guarantee or warrant the accuracy, reliability, completeness or timeliness of the Content, or that the Content will be sufficient or appropriate for every individual or situation or will guarantee any specific result, or that any particular Content will continue to be made available. TMC reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. TMC does not, however, guarantee that any errors, inaccuracies or omissions in the Content will be corrected or that Content will be updated.
  • TMC does not approve or endorse any User Content. Any opinion, advice, article, publication, message, comment, statement or other information expressed or made available on the Sites by anyone other than TMC is that of the respective author or distributor and not that of TMC.
  • TMC does not guarantee or warrant that the operation of the Sites will be uninterrupted, timely, secure or error-free, that defects in the Sites will be corrected or that Content available for downloading through the Sites will be free of computer viruses or other harmful components.
  • The Sites and the Content are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, express or implied. To the fullest extent permitted by applicable law, TMC expressly disclaims all implied warranties and conditions of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with regard to the Sites and the Content.

Limitation of Liability and Remedies

  • Your use of the Sites and the Content is at your own risk. In no event will TMC be liable for any damages whatsoever, including, but not limited to any direct, indirect, incidental, consequential, special, or exemplary damages, arising out of or relating to (i) your use of or inability to use a Site or the Content, (ii) any User Content or for the conduct of any user of a Site, (iii) any unauthorized access to your account or alteration of your user communications, transmissions or data, (iv) any harm to or loss of equipment, software or data, or (v) any other matter relating to the Sites, the Content or these Terms of Use, even if TMC has been advised of the possibility of such damages.
  • If, notwithstanding the other provisions of these Terms of Use, we are found liable to you for any damage or loss arising out of or relating in any way to the Sites, the Content or these Terms of Use, our cumulative aggregate liability to you shall not exceed the fees, if any, paid by you to TMC for access to and use of the applicable Site or Content giving rise to such claim in the 12 months immediately preceding the date the claim arose. If no fees were paid by you to TMC then your sole and exclusive remedy will be limited to discontinuing use of the Sites and the Content.
  • The foregoing disclaimers, exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by applicable law, in all claims or actions of any kind, whether based in contract, tort (including negligence) or otherwise.

Links to Third-Party Web Sites

  • The Sites may contain links to third party websites that are not owned or controlled by TMC. Any links on a Site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites. Such links do not constitute or imply an endorsement by TMC of the third party, the third-party website, or the information contained thereon. TMC is not responsible or liable for any such website, the content, products or services available thereon, or your use thereof.

Indemnification by You

  • You understand and agree that you are personally responsible for your behavior on the Sites. You agree to indemnify and hold harmless TMC and our officers, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, losses, and costs (including, without limitation, reasonable legal fees), resulting from or arising out of your use or misuse of the Sites or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.

Privacy Policy

  • Personal information submitted to TMC on or through a Site is collected, used and disclosed in accordance with TMC’s Privacy Policy posted on the Site, as such Privacy Policy may be amended by TMC from time to time. By accessing or using a Site, you are signifying your acknowledgement and agreement to TMC’s Privacy Policy.

Termination/Discontinuation

  • The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination.
  • We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect, feature or element of the Sites, or to cease making the Sites available.

General Provisions

  • If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive, non-transferable and non-assignable. We may assign or transfer these Terms of Use and/or any rights or obligations hereunder to an affiliate or any successor to all or part of our business or assets. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. Unless otherwise specified herein, these Terms of Use and our Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
  • Any and all claims or disputes relating to these Terms of Use or your use of a Site or the Content will be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of laws principles. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access a Site from a location other than Ontario, you will be responsible for compliance with all applicable laws of such other location.