The Site may be used only by persons resident in Canada who have reached the age of majority or legal age in their jurisdiction and who can form legally binding contracts under applicable law. The Site may not be used by persons in jurisdictions where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.
Permitted Use of the Site
Linking and Framing the Site
Links to the Site without the express written permission of Nelson Education are strictly prohibited. To request permission to link to the Site, please contact Customer Service at 416-752-9448 or 1-800-268-2222. Nelson Education reserves the right to cancel and revoke any permission it may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Site or any of its content in any form and by any method is strictly prohibited.
No Unlawful or Prohibited Use
The site may contain discussion forums, bulletin boards, surveys, polls, review services or other forums in which you or third parties may post content, messages, materials, or other items on the site (“Interactive Areas”). If Nelson Education provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to the following rules of conduct and that any content that you upload, post, share or otherwise transmit:
(a) shall not restrict or inhibit any other user from using or the Site or the Service;
(b) shall not be unlawful, harmful, threatening, abusive, inflammatory, harassing, tortious, defamatory, fraudulent, vulgar, obscene, libelous, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(c) shall not encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any laws;
(d) shall not post comments or content that contain personal attacks against private individuals and groups;
(e) shall not post comments or content that are off-topic and irrelevant to the post;
(f) shall not use offensive and inappropriate language and tone on the Site, including abbreviated or masked swearing;
(g) shall not be obscene or contain child or other pornography;
(h) shall not violate any law, statute, ordinance, or regulation;
(i) shall not contain advertising, promotional materials, “spam” or any solicitation with respect to products or services;
(j) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
(k) shall not be content that you do not have a right to transmit under any law or under contractual or fiduciary relationship;
(l) shall not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(m) shall not interfere with or disrupt the Site or the Service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Note to Children
Nelson Education Ltd. encourages parents and teachers to spend time with children and to monitor their online activities. Please protect your child’s privacy by instructing them to never provide Personal Information on this Site or any other, or within any software registration process, without your permission.
Description of Service
You are solely responsible for providing, at your own expense, all equipment necessary to use the Site and the Service, including a computer, modem and your own internet access (including payment of Internet Service Provider fees associated with such access).
Your online request for Services delivered under the Site constitutes your request to engage Nelson Education to supply those Services. Your request for Services shall be deemed to be accepted only if and when Nelson Education actually carries out your instructions. If you wish to cancel your request for Services, you may request a cancellation by sending an email to firstname.lastname@example.org or calling Nelson Customer Service at 1-800-268-2222. However, Nelson Education may not receive and process your cancellation request before it accepts and processes your request for services, in which case your cancellation request may not be effective.
Your Use of the Site and the Service
if you do send Submissions or Content to Nelson Education or the Site you automatically grant (or warrant that the owner of the Submissions grants) to Nelson Education and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Nelson Education or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Nelson Education and its assigns.
No Advice of Solicitation
The content of the Site does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Site.
Disclaimer of Warranties and Liability
THE SITE, THE SERVICE AND THE SERVICE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SITE, THE SERVICE AND THE SERVICE OFFERINGS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT (A) THAT THE SITE, THE SERVICE OR THE SERVICE OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION OF THE SITE, THE SERVICE OR THE SERVICE OFFERINGS OR THAT WE WILL FIND OR CORRECT ALL DEFECTS OR (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICE OR THE SERVICE OFFERING WILL BE EFFECTIVE, ACCURATE OR RELIABLE. YOU (AND NOT NELSON EDUCATION OR ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE.
REGARDLESS OF THE BASIS ON WHICH YOU ARE ENTITLED TO CLAIM DAMAGES FROM US (INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, MISREPRESENTATION OR OTHER CONTRACT OR TORT CLAIM), WE ARE LIABLE ONLY FOR THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES, WHICH AMOUNT SHALL BE LIMITED IN THE AGGREGATE TO $100. THIS LIMIT ALSO APPLIES TO OUR AFFILIATES, AND IS THE MAXIMUM FOR WHICH WE AND OUR AFFILIATES ARE COLLECTIVELY RESPONSIBLE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR (I) ANY THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES, (II) ANY LOSS OF OR DAMAGE TO ANY RECORDS OR DATA OR (III) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF THEY ARE INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Anytime you upload to, distribute, or publish content through the Site (including, without limitation, blog entries and commentaries), you grant us the royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to edit, use, reproduce, modify, adapt, translate, copy, remove, distribute, create derivative works from, publicly display and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content. You acknowledge and agree that submissions are non-confidential.
Anytime you upload to, distribute, or publish original compositions and other original documents through the Site, such as but not restricted to essays, homework, and others, you are responsible for protecting their privacy to the extent you desire.
Assignment and Severability
Waiver of Rights
Disclaimer of UN Committee
We expressly exclude the UN Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time, as well as any provincial legislation in Canada enacting such convention.
We or our suppliers may provide you with software to access or use with the licensed content (“Software”). Such Software will be subject to the terms of the license agreement that accompanies the Software or is included in the installation sequence for the Software.
Cancellation or Termination
All notices to us shall be in writing and shall be made either via reputable overnight courier (for example, Federal Express), or registered or certified first class mail, return receipt requested. Notices to us must be sent to Nelson Education Ltd., 1120 Birchmount Road, Toronto, Ontario, Canada, M1K 5G4 Attention: Marlene Nyilassy, Vice President, Privacy.