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Parent Relief Terms and Conditions of Use
Date of Last Revision: January 30, 2008
Acceptance of Terms
Description of Service
Parent Relief provides users with access to a rich set of resources and tools, including but not limited to search services, management and advertising tools, forums and help, delivered through its Web Site which may be accessed through any various medium or device not known or hereafter developed. You understand and agree that advertisements may be included with the Service and that these advertisements are necessary for us to continue to provide the Service. In addition, you understand and agree that you may receive certain communications from us such as service announcements and administrative messages as part of the Parent Relief membership.
You understand and agree that the Service is provided "AS-IS" and we are not responsible for the timeliness, deletion, non-delivery or failure to store any user communications and profile data.
By using the Service or the Web Site, you represent and declare that you are (a) 13 years of age or older and in high school or college, or that you are 18 years of age or older, (b) that you are a person who can form a binding contract, and (c) that you are not a person barred from receiving such services under the laws of Canada, the United States of America or other applicable jurisdictions. You declare that you meet the membership criteria and agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data and Account Security
In consideration for your use of the Web Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by any registration forms on the Web Site; (b) maintain and promptly update your profile data to keep it true, accurate, current and complete (e.g. schedule); (c) maintain the security of your password and account; (d) be fully responsible for all activities under your password or account; and (e) be responsible to notify us of any breach of security or unauthorized uses of your password or account. We have the right to suspend or terminate your account and refuse you of any current and future use of the Service (or any portion thereof) if you provide information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that information you provide is untrue, inaccurate, not current or incomplete.
You understand and agree not to use the Service or the Web Site to:
- submit, post, transmit, store or share materials that violates or infringes upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights;
- submit, post, transmit, store or share materials that contains libelous, defamatory or otherwise unlawful items;
- use the Service or site in a manner that is unlawful and can damage, disable or overburden the Web Site;
- harvest contact information from the Web Site by electronic or other means for the purposes of sending unsolicited communications;
- register for more than one user account, or register for a user account on behalf of any individual, group or entity other than yourself;
- submit, post, transmit, share, store or make available any content that we deem to be inflammatory, vulgar, obscene, harmful, threatening, unlawful, defamatory, infringing, abusive, harassing, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- intimidate or harass another;
- solicit passwords, personal information, or any personally identifying information for purposes that are unlawful or commercial in nature;
- use, "hack", or attempt to use another's account without any authorization;
- submit, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, or advertising that is characterized as "junk mail," "spam," "chain letters," or "pyramid schemes";
- submit, post, transmit, share, store, or otherwise make available content that would encourage or provide instructional guidelines for a criminal offence, violate the rights of any party, or that would otherwise violate any local, state, national or international law;
- submit, post, transmit, share, store, or otherwise make available content that, in our opinion, may expose us or our users to any harm or liability of any type, or prevent our users from enjoying the Web Site.
User Content Submissions
Through specific Parent Relief services such as Directory, bizAdvantage Portfolio and Classifieds, we provide users the ability to post, submit or share with other users data, text, music, sound, photographs, graphics, video, information stored in document files such as lesson plans, messages, or other materials (collectively the "User Content"). You understand that all User Content, whether posted, submitted or shared publicly or privately, are the sole responsibility of the person from whom such User Content originated. This means that you, and not us, are solely responsible for any User Content that you submit, post, transmit, share, store, or otherwise make available via the Service. You may not submit, post, transmit, or share User Content on the Web Site or Service that you did not create or that you do not have permission for submitting, posting, transmitting or sharing. You understand and agree that we shall have the right (but not the obligation) to review the Web Site and User Content, and may, at our sole discretion, delete or remove (without notice) any User Content that in our sole judgment violates this Agreement. You are responsible at your sole cost and expense for creating backup copies of any User Content you submit, post or store on the Web Site. In addition, we do not control User Content submitted through the Service and we do not guarantee the accuracy, quality and integrity of such User Content. Under no circumstances will we be liable for any loss or damage of any kind incurred as a result of the use of any User Content posted, submitted, shared, or otherwise made available publicly or privately to you.
You authorize us to make copies of the User Content you post or submit to the Web Site, whether publicly or privately, in order to facilitate the posting and storage of such User Content. We do not claim ownership of any User Content you submit or post; rather, you retain full ownership of all of your User Content and any intellectual property rights or other associated proprietary rights. By posting or submitting User Content on publicly accessible areas on the Web Site, however, you automatically grant, and you declare you have the right to grant, us non-exclusive, irrevocable, perpetual, fully paid, royalty-free, worldwide license(s) (with the right to sublicense) to use, distribute, reproduce, modify, publicly display, publicly perform, translate, excerpt (in whole or in part), incorporate into other works, prepare derivative works of such User Content for any purpose, commercial, advertising, or otherwise on or in connection with the Web Site.
"Publicly accessible" areas are those areas on the Web Site that are intended to be available to the general public. By way of example, publicly accessible areas would include message boards, reviews, Classifieds, and Directory. Publicly accessible areas would NOT include the bizAdvantage Portfolio or other areas that you can specifically control and share your own private content to other users.
Site Content and its Proprietary Rights
With the exception of User Content (as defined above) that you legally own and posted on the Web Site, you acknowledge and agree that all content posted and published on the Web Site, and available through the Service are the proprietary property of Devhaus, its users and/or its licensors with all rights reserved and are protected by applicable intellectual property, copyrights, trademarks, service marks, patents and other proprietary rights and laws. These content include but are not limited to the following: pictures, graphics, videos, texts, information, applications, software, design, music, sound, lesson plans, directory listings, learning activities and other files, and the selection and layout of the content on the Web Site (the "Site Content"). You further acknowledge and agree that except as expressly permitted or authorized by us or advertisers, you may not modify, rent, lease, loan, sell, distribute, reproduce, republish, incorporate the information in any other database or compilation, display, or post the Site Content in any form or by any means, in whole or in part.
You are granted a personal, non-transferable, non-exclusive right and limited license to access and use the Web Site and the Site Content solely for your personal, non-commercial use (with some exceptions as indicated below), provided you abide by all copyright or other proprietary notices.
With respect to services offered solely to help users provide children services to the general public (e.g. bizAdvantage and Directory), you are granted a personal, non-transferable, non-exclusive right and limited license to access and use the portion of the Web Site and Site Content to which are built for commercial use, and to which you have properly gained access solely for your personal and commercial use, provided you abide by all copyright or other proprietary notices.
Any use of the Web Site or the Site Content other than as specifically authorized herein, without our prior written consent, is strictly prohibited. Any unauthorized use terminates the license granted herein and may also violate applicable laws including copyright and trademark laws.
This license can be rescinded at any time without notice and with or without cause.
Third Party Web site and Content
PARENT RELIEF and associated graphics, logos, designs, icons, buttons, page headers, scripts and service names are registered trademarks, trademarks or trade dress of Devhaus Corporation in Canada, the United States of America, and/or other countries. Without Devhaus' written permission, you agree not to copy, imitate or use, in whole or in part, Devhaus' trademarks and trade dress, including in relation with any product or service that is likely to cause confusion, and as part of trademarks and/or as part of domain names. Any unauthorized use of Devhaus' trademarks and trade dress violates copyright, trademark and other applicable laws. Any rights not expressly granted herein are reserved.
Copyright Policy and Complaint Procedure
We respect the intellectual property rights of others and we forbid users from submitting or posting any materials on our Web Site that infringes another party's intellectual property rights. We may at our sole discretion and in appropriate circumstances disable and/or terminate user accounts of repeat offenders. If you believe any materials on this Web Site violates your intellectual property rights and/or constitutes copyright infringement of your work, please follow the following procedures:
You can submit your Notice of Claims of Copyright or Intellectual Property Infringement by email or by mail to:
- Provide electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Provide the description of the copyrighted work or other intellectual property that you claim has been infringed;
- Provide a description of where the material that you claim is infringing is located on the Web Site;
- Provide your address, telephone number, and email address;
- Provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Provide a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
45 Sheppard Avenue East, Suite 900
Canada M2N 5W9
Dealings with Advertisers
You acknowledge and agree that we will not be responsible or liable for any loss or damage of any sort sustained as a result of your business dealings with advertisers found on or through the Web Site or Service, or as the result of such advertiser presence on the Web Site or Service. Any business dealings with, or participation in promotions of, advertisers, including payment and delivery of related goods or services, and conditions or warranties related to such dealings, are solely between you and such advertiser.
General Practices and Limits on Use and Storage
You acknowledge that general practices and limits in regards to the use of the Service may be established and enforced. This includes, but not limited to the following:
You agree that we are not responsible or liable for the deletion or failure to store any User Content you submitted, posted, or stored in your account. You acknowledge that we reserve the right to disable any inactive accounts for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits on use and storage from time to time.
- number of days that Classifieds postings, message board postings, or uploaded content to public and private areas (e.g. bizAdvantage Portfolio) of the Web Site will be retained by the Service
- maximum size of any User Content that may be submitted or posted
- maximum disk space that will be allotted to your account for storing your User Content
- maximum number of times or the maximum duration for which you may access the Service in a given period of time
Contributions to Us
You acknowledge and agree that any suggestions, proposals, ideas, questions, comments, feedback or other information you provide ("Contributions") about the Web Site or the Service: (a) do not contain confidential or proprietary information, (b) are non-confidential, (c) entitles us to unrestricted and exclusive use of such Contributions for any purpose, commercial or otherwise, and (d) automatically becomes the sole property of Devhaus, including all exclusive rights and intellectual property rights, without any obligations, acknowledgment, reimbursement or compensation of any kind to you under any circumstances.
Changes to the Service
We reserve the right with or without notice to change or discontinue, temporarily or permanently, the Service (or any part thereof) at any time and from time to time. You agree that we shall not be liable to you or to any third party for any loss or damages as a result of the change, suspension or discontinuance of all or any part of the Service.
You understand that we may terminate your Parent Relief account, delete your profile and any User Content or information that you have submitted or posted on the Web Site or through the Service, and/or disallow you from using or accessing the Service or Web Site with or without cause, and with or without notice, at any time. Further, you agree that we shall not be liable to you or to any third party for any loss or damages as a result of the termination of your account, and/or loss of access to the Service.
Disclaimer and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEB SITE, THE SERVICE, USER CONTENT, SITE CONTENT, AND ALL OTHER INFORMATION AND MATERIALS AVAILABLE IN THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE CANNOT GUARANTEE THAT THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, UNALTERED OR ERROR FREE, AND WE DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE. WE DO NOT REPRESENT OR DECLARE THAT USER CONTENT, SITE CONTENT, AND ALL OTHER INFORMATION OR MATERIALS ON THE WEB SITE, OR THE SERVICE ARE ACCURATE, RELIABLE, CURRENT, COMPLETE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, ANY USE AND/OR DOWNLOAD, IN WHOLE OR IN PART, OF THE SITE CONTENT, USER CONTENT, AND ALL OTHER INFORMATION OR MATERIALS ON THE WEB SITE OR SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK. MOREOVER, YOU UNDERSTAND THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, SUBMIT, TRANSMIT OR SHARE ON THE WEB SITE AND ARE NOT RESPONSIBLE FOR ANY OFFESIVE, OBSCENE, UNLAWFUL, INAPPROPRIATE OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY SEE ON THE WEB SITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEB SITE OR SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEVHAUS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF DEVHAUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF (A)THIS WEB SITE OR SERVICE, (B)ANY WEB SITES LINKED TO THIS WEB SITE, (C)THE USER CONTENT, (D)SITE CONTENT, (E)OR MATERIALS/INFORMATION CONTAINED ON THIS WEB SITE OR AT ANY THIRD PARTY WEB SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE CONTENT, USER CONTENT, MATERIALS OR INFORMATION ON THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
We reserve the right at any time and without notice to change any and all content, and other items used or contained in this Web Site or Service. We do not imply endorsement, sponsorship, recommendation, or any affiliation with any references by trade name, manufacturer, supplier, trademark, or otherwise to any products, services, processes or other information.
Governing Law; Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada exclusive of its choice of law principles. The Ontario provincial courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
Definition and Constructions
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