Terms of Use

This version is in effect since 22 October 2012.

This website (the "Website") is owned and operated by Knowillage Systems Inc. ("Knowillage"). Knowillage provides and maintains an online service for providing educational content to users (the "Service") through the Website.

In these Terms of Use, the term "you" and its possessive form "your" refer to all individuals and/or entities accessing the Website or using the Service for any reason. These Terms of Use govern your use of the Website and the Service. If you USE THE WEBSITE OR THE SERVICE, these Terms of Use affect your legal rights.

Acknowledgement and Acceptance

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms of Use are an agreement between you, and any persons that you represent, and Knowillage regarding your access to and use of the Website and the Service. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THE WEBSITE OR USE THE SERVICE.

YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE BY ACCESSING THE WEBSITE OR USING THE SERVICE.

Each time you use the Website or the Service, you signify your acceptance and agreement, and the acceptance and agreement of any person whom you purport to represent, to be bound by these Terms of Use as they read on the date that you accessed the website. You hereby acknowledge that you have reached the age of majority in the province, state or country where you reside and you can form legally binding contracts under applicable law, or, if you have not reached the age of majority, that you are using the Website and the Service with the permission of and under the supervision of your parent or legal guardian, who is fully able and competent to understand, assent to, and abide by these Terms of Use. Minors who use the Website or the Services are assumed to be under parental or guardian supervision and to have the consent of such parent or guardian, who is assumed to have read and consented to be bound by these Terms of Use and to guarantee compliance with these Terms of Use by the minor.

Your Responsibility for Use of the Website and the Service

Access to the Website and use of the Service are a privilege, not a right. Knowillage retains the right to prohibit or prevent access to the Website or the Service by you for any reason, including without limitation, breach of these Terms of Use and inappropriate use of the Service or the Website.

Your General Responsibilities

You agree NOT to use the Website or the Service to:

  • transmit or solicit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, defamatory, racist, illegal or otherwise objectionable material or content;
  • transmit or solicit any material or content that infringes copyright, trademark, trade secret or other intellectual property rights;
  • transmit or solicit any material or content that violate the privacy, publicity or other personal rights of others;
  • transmit "spam" or violate any Canadian, United States or other jurisdiction's spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail; or
  • attempt to gain unauthorized access to any computer systems, accounts or databases maintained by or for Knowillage.

You agree NOT to:

  • make any attempt to interfere with the proper operation of the Website or any activity being conducted on the Website;
  • interfere with or disrupt networks connected to the Website;
  • take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
  • to the extent you have access to one or more non-public areas of the Website, not share this access with any third party;
  • use or attempt to use any automated engine, software, tool, agent or other means (including without limitation browsers, spiders and robots) to access, navigate or search the Website;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
  • aggregate, copy or duplicate in any manner any of the content available on the Website; or
  • frame or link to any of page, element, or other content available on the Website.

If you engage in any activity set forth in this section, Knowillage may immediately and without notice terminate your account with the Website and may prohibit your use of the Service. Knowillage may report any unlawful conduct to the appropriate authorities and may turn over any and all information regarding such activity to the appropriate persons or entities.

Modifications to the Website and/or the Service

You acknowledge and agree that Knowillage may, with or without notice, modify or terminate the Website and/or the Service. Modifications to the Website and/or the Service may include, without limitation, modifications to the means of accessing the Website and/or the Service and any and all content of the Website.

You acknowledge and agree that Knowillage is not responsible for any loss or alteration of information on the Website, or for any consequences attributable, directly or indirectly, loss or alteration of information on the Website.

Modifications to these Terms of Use

Knowillage reserves the right to modify these Terms of Use at any time, so please review it frequently. If Knowillage makes substantive changes to these Terms of Use it will notify you on the front page of the Website and other places it deems appropriate.

YOU ACCEPT AND AGREE TO ANY REVISED TERMS OF USE BY ACCESSING THE WEBSITE OR USING THE SERVICE.

If you do not agree with any revised Terms of Use, you must discontinue using the Website and the Service.

Assumption of Risk and Disclaimer of Warranties

YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, MERCHANTABILITY, OR PERFORMANCE, ALL OF WHICH ARE DISCLAIMED BY KNOWILLAGE TO THE FULLEST EXTENT PERMITTED BY LAW.

KNOWILLAGE MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE AND/OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES KNOWILLAGE MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE WEBSITE AND/OR THE SERVICE OR THAT DEFECTS IN THE SOFTWARE FOR THE WEBSITE AND/OR SERVICE WILL BE CORRECTED OR THAT THE WEBSITE AND/OR THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

KNOWILLAGE IS NOT RESPONSIBLE FOR ANY INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE. KNOWILLAGE DOES NOT WARRANT THE CORRECTNESS, ACCURACY, USEFULNESS OR RELIABILITY OF INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE. KNOWILLAGE IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OPPORTUNITY, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OR RELIANCE ON INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY DATA OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH DATA OR MATERIAL.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE FORM, CONTENT AND ACCURACY OF ANY INFORMATION YOU PROVIDE TO THE WEBSITE OR THE SERVICE. YOU AGREE TO ASSUME RISKS ARISING FROM ANY MISTAKE, ERROR OR OMISSION IN INFORMATION YOU PROVIDE TO THE WEBSITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IF THESE STATUTORY PROHBITIONS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION THE LIMITATIONS IN THE FOLLOWING SECTION OF THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

To the full extent permissible by applicable law, Knowillage, its officers, AFFILIATES, AGENTS, CONTRACTORS, and employees shall not be liable to YOU OR any other person for any loss, cost or damages whatsoever relating to the WEBSITE AND/OR THE Service or these Terms of Use, including without limitation, inability to access the WEBSITE AND/OR THE Service, reliance ON INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICE, loss of any data or information stored with the website and/or the Service, the violation of any privacy, PUBLICITY OR PERSONALITY right relating to use of the WEBSITE AND/OR THE Service, AND DISPUTES ARISING BETWEEN YOU AND ANY OTHER USER OF THE WEBSITE OR THE SERVICE, whether direct, indirect, incidental, punitive, special, exemplary, OR consequential, even if Knowillage has been advised of the possibility of damages or if such damages are reasonably foreseeable.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR THE SERVICE, OR WITH ANY OF THE TERMS IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR THE SERVICE.

Third Party Sites

The Website and/or the Service may contain links or references to other internet sites operated by other persons (collectively, the "Third Party Sites"). Knowillage is not responsible or liable for and has no control over Third Party Sites or their content, and does not sponsor or endorse Third Party Sites. Your use of Third Party Sites is at your own risk.

Proprietary Rights

The content of the Website and the Service including the software, HTML code, graphics, images, text, and other materials (the "Content") is protected by domestic and foreign intellectual property laws, including without limitation, copyright, trademarks, and other proprietary rights and is the property of Knowillage and other persons.

Trademarks

All trademarks on the Website are property of their respective owners. Other than for the purposes of attribution as required by and in compliance with the Creative Commons license referenced below or these Terms of Use, you may not use such trademarks, or any variations thereof, for any purpose or in any manner, without the express prior written consent of Knowillage. Without limiting the generality of the foregoing, you may not use any such trademarks for advertising, promotional or marketing purposes, for seeking commercial or monetary gain, or in any way that suggests that Knowillage is in any way connected or affiliated with you or sponsors or endorses your activities.

Copyright

The Content is or may be protected by copyright, which remains the property of its respective owner.

Except where expressly stated otherwise, all informational materials and articles on the Website are made available in accordance with the Creative Commons Attribution/Non-Commercial/Share Alike 3.0 Unported (CC-BY-NC-SA), a copy of which is available at http://creativecommons.org/licenses/by-nc-sa/3.0/, as amended from time-to-time, which is hereby incorporated herein by reference.

Your use of the Service does not transfer to you any rights in the Website or the Content.

By submitting content to the Website or the Service, you grant Knowillage a royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. For greater certainty, rights to any original content created by you and provided to the Website or the Service remain with you.

Indemnification

You agree to indemnify, defend and hold harmless Knowillage, its officers, affiliates, agents, contractors, and employees from and against all liabilities, costs and expenses, including without limitation, reasonable legal fees incurred by Knowillage in connection with your use of the Website or the Service, your breach of these Terms of Use, or any wrongful conduct by you.

Jurisdiction and Governing Law

These Terms of Use and the relationship between you and Knowillage shall be treated as if entered into and executed in the Province of British Columbia and shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. You agree to submit and attorn to the original and exclusive jurisdiction of the courts of the Province of British Columbia in any and all disputes between the you and Knowillage arising from or in any way connected with the Service and/or the Website.

General Provisions

If any provision in these Terms of Use is determined to be invalid or void for any reason, then that provision will be deemed to be severed from these Terms of Use and the remaining provisions will continue in full force and effect.

The failure by Knowillage to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision of any other provision of these Terms of Use.

The headings used in these Terms of Use are for convenient reference only and will not affect how these Terms of Use are interpreted.

The terms and conditions set forth in these Terms of Use comprise the entire agreement between you and Knowillage with respect to the use of Website and the Service, and supersede any prior agreements between the parties.

Knowillage may change these Terms and Conditions at any time and in its sole discretion, without notice to you. By continuing to use the Website or the Services, you agree to be bound by the Terms and Conditions as modified by Knowillage.

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