TERMS AND CONDITIONS
Before you create an account and register in any Program, you must read and accept the Terms and Conditions below:
INNOVATION LEARNING SYSTEMS INC
Terms and Conditions
These terms and conditions (the “Agreement“) is entered into between Innovation Learning Systems Inc. (the “Company“), a business existing in and operating under the laws of the Province of Ontario, and the “Student“, collectively the “Parties“).
WHEREAS, the Company provides instruction, information, training, services, products, courses, and entertainment in various arts and sciences and other topics (the “Programs”), in person, via shipping, and online (“the Site”);
WHEREAS, the Student wishes to undertake a course of study in one or several of the course offerings and/or purchase products or services from The Company;
WHEREAS, The Company wishes to provide instruction and information in the courses and via the Site to the Student;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
By using the Site or any of the courses, the Student agrees to be bound by all of the terms and conditions set forth below as if the Student had signed a written agreement. Please review these Terms and Conditions carefully. If the student does not agree to these terms, they will not be given access to the Site or any of the Programs.
1. Lawful Use and Purpose
A. The Student shall use the courses and the Site for lawful purposes only. The Student must be 18 years or older in order to use the courses or the Site. The Student shall not post or transmit through the Site any material that violates or infringes in any way upon the legally recognized rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, that constitutes hate speech intended to insult any race, skin colour, religion, sexual orientation, or national origin, or otherwise encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. The Student’s use of the courses and the Site are made available for personal non-commercial use only. The Student may not use the courses or the Site to sell a product or service or to increase traffic to their website for commercial purposes, to advertise or perform any commercial solicitation, to become users, members or customers of other services. The Student may not “meta-search” the Site.
B. The Student is solely responsible for all User Content that they upload, post, email, transmit or otherwise make available on or through the Site. “User Content” means user-posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the courses or the Site; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. The Student may post only User Content which they own, have created or which they have clear permission to post.
The Student acknowledges and agrees that the Company does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. The Student acknowledges that the Company does not pre-screen User Content, and has no obligation to do so, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the courses.
C. Students should not post online (including but not limited to, on social media, chat rooms, electronic newsletters, online forums, social networking sites or other sites) or elsewhere anything that is inappropriate or harmful to the Company. Students cannot represent themselves as a spokesperson for the Company without the explicit consent of the Company. If the Company is the subject of content that Students create, such as in a blog or other online post, it must be made clear the Student is not speaking on behalf of the Company, and that the views of the Student do not represent those of Company. Students who do not comply with these requirements may be withdrawn from the program and their access to the Site will be removed.
Unless otherwise expressly noted, all materials, images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the courses, including, without limitation, the courses, products, and the Site, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties owned by or licensed to the Company. No right, title or interest in any downloaded materials or software is transferred to the Student as a result of any such copying. The Student agrees that they will not alter or remove any copyright notice or proprietary legend contained in the Site, the Programs, or the products, and agrees that any copy made shall include the Company copyright or any third party provider’s copyright notice or any other notice included therein. No other permission is granted to the Student from the previous sentence.
The Student agrees not to use any robot, spider or other automatic device, nor may the Student use any process to monitor materials available through the Site without express authorization of the Company. The Student agrees not to derive or attempt to derive any source code, source files or structure of all or any portion of the Site or Program contents by reverse engineering, disassembly, decompiling or otherwise. Further, the Student may not use the Site or the Programs in a manner that violates any state, provincial or federal law regulating email, facsimile transmissions or telephone solicitations; nor export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada.
The Student is given access to the Site through a private account with a protected Login ID/Password that is selected by the Student. It is the Student’s responsibility to guard this information and keep it confidential. Access rights are reserved solely for the Student and it is the Student’s sole responsibility to guard this information and keep it confidential. The Company is not responsible for any transactions, obligations or liabilities resulting from the personal use of a Student account.
4. Program of Study
If the Student undertakes a Program of study with the Company, they agree that their Program commences upon full registration and acceptance of these Terms & Conditions. The length of Programs varies and will be identified in the Program description on the website. All Programs are to be completed within the specified timeframe. The Company may change the duration of a Program at any time.
A Student may request a temporary leave of absence for exceptional circumstances in writing. Leaves of absence shall be no longer than 60 days (2 months). The Company will review requests for leaves of absence on a case-by-case basis and, if approved, will outline the conditions of the leave and a return to study plan.
A Student may request a one-time extension to the program by submitting a request with rationale to the Company. Extensions are reviewed on a case-by-case basis and may be granted up to a maximum of 60 days (2 months).
The Student enrolls and is considered registered only upon initial payment of fees as per the payment parameters set forth below:
All payments, except for those made by Canadian residents, shall be in United States Dollars, unless otherwise noted.
Canadian residents shall pay in Canadian dollars, converted from USD, plus appropriate sales tax. A specified Canadian payment gateway may be provided on the Company website.
Payment of tuition in full plus applicable taxes are paid upon registration. Payment plans are not available.
6. Shipping and Handling
International purchases of physical goods may be subject to additional charges, such as taxes, duties and fees specific to the country of the recipient. These charges are the sole responsibility of the Student.
If a Program includes a bonus item, such as a booklet, CD, or DVD, the Student shall provide an accurate shipping address within thirty days after registration in each respective Program to receive their bonus item. The Company provides an online form embedded in each Program introduction in order for the Student to submit their complete shipping address. The Company will not replace any shipments returned due to errors in shipping information provided by the Student. The Student shall receive only one bonus item per Program.
7. Refund Policy
The Student agrees to provide written notice to the Company if they wish to withdraw from a Program. Failure to complete the Program or attend online does not constitute withdrawal. Before any refund is authorized, the Student will be withdrawn from the Program and from access to the Site.
For all programs, registration fees will be refunded, minus a non-refundable $500 fee, as follows:
100% refund up to one week after the Student is registered;
75% refund up to 4 weeks after the Student is registered;
50% refund up to 6 weeks after the Student is registered;
0% refund 6 or more weeks after the Student is registered.
There are no refunds for all courses, programs, services, or media downloads of any kind, including but not limited to audio or video files or e-books, online sessions, memberships, and subscriptions.
There are no refunds for hard copies of CDs, DVDs, or books. Opened products can only be exchanged for a new copy if there is a defect with the product. Please allow up to 30 days to receive an exchange.
8. Assessments and Grading
Some Programs require the successful completion of quizzes or tests in order to progress to the next level. The type of assessment and grading requirement will be outlined in the Program information on the website.
9. Certification Programs
Students may apply for certification once they have completed all the Program requirements, including but not limited to quizzes, tests exams, assignments and/or practicum, as set out in the Program description on the Site at the time of registration, or unless otherwise agreed upon by the Student and the Company.
The Student must be in good standing with the Company and be currently enrolled in the Program in order to become certified.
10. Professional Ethics
The Student shall represent their training, qualifications, abilities, and affiliations accurately and unambiguously, and refrain from offering services that they are not completely trained or certified to provide.
The Student agrees that they are not authorized to use any training or skills they receive from any Programs or products offered by the Company, to teach, advise, counsel or make recommendations to friends, family, students, clients, or the general public, until they are certified to do so by the Company.
The Student shall not give advice, teach or recommend above or beyond their level of training and certification. The Company and its designees shall have the right (but not the obligation) in their sole discretion, to discontinue service and training if a violation of this policy occurs or is reported.
Where hands-on touch is appropriate for learning, and/or for the healing process, it is professional, gentle and within the participant or volunteer’s consent and boundaries that they have clearly stated. It is the Student’s responsibility to provide, collect and store consent forms. The Company is not legally responsible for any unwanted contact between the student and the participant or volunteer.
11. Fitness & Health
The Student represents and warrants that they are physically and mentally fit and has no pre-existing medical condition that would prohibit full participation in the Programs. The Student further represents and warrants that they have consulted with a licensed medical physician prior to undertaking the Programs and has received medical clearance to fully participate in the Programs.
All Program materials are copyrighted. Program material is for Student use only and cannot be copied or distributed for any other purposes. Violation of copyright and usage policy is strictly prohibited.
13. Program Materials and Other Costs
PDF files may be downloadable. Unless otherwise specified, the audio and video files are not to be downloaded. The copying of or moving of any unauthorized audio or video files is strictly prohibited.
The cost of any required books, supplies, travels, or accommodations needed for any Program is not included in any Program fees. The Student agrees to pay for any required materials, travel, or accommodation costs at their own expense. The Company is under no obligation to provide these materials or in-person costs for the Student.
14. Liability Waiver
The Student agrees and understands that they are participating in the Programs, including all related requirements, at their own risk and responsibility. The Student hereby releases the Company, its owners, operators, employees, teachers, agents, and representatives from any liability now or in the future relating to, as a result of, aggravated by, or induced by their participation in the Programs, including, but not limited to physical injuries (including musculoskeletal and cardiovascular injuries) and/or emotional and/or mental injuries, trauma or suffering, however caused, occurring during, or subsequent to, the Student’s participation in Programs.
15. Image and Information Release
The Student grants to the Company the right to use, at the Company’s discretion, including, without limitation, the right to exhibit, display, broadcast, distribute and create derivative works of and incorporate (alone or together with other materials), in whole or in part, photographs, audio recording or video footage taken of the Student (the “Images“) and any written information submitted by the Student as a result of the Student’s participation in the Programs. The Student hereby relinquishes any and all rights to examine or approve any advertising, printed, or electronic media incorporating the Images or written information. The Student grants to the Company the right to assign its rights hereunder, without the Student’s consent, in whole or in part, to any third party.
16. Unsolicited Submissions
The Company does not knowingly accept or consider creative ideas, suggestions or materials that are not specifically requested from the Student. The Company asks that the Student does not submit or send any such materials. If the Student, nevertheless, sends creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Material”) to the Company, such Material shall become the Company’s property, and the Company shall have the right to display, copy, use, sublicense, transmit, publicly perform and/or publish such Material for any purpose, whether now or hereafter invented. In addition, the Student waives all rights to the Materials and agrees that none of the Material shall be subject to any compensation, obligation of confidentiality on the part of The Company.
17. License to The Company
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, the Student grants the Company and its affiliates the royalty-free, perpetual, irrevocable, 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, and the right to license others to do the same. The Student also permits any user to access, display, view, store and reproduce such content for personal use or for the organization’s internal use for the purposes described on the Site. Subject to the foregoing, the copyright owner of such content placed on the Site retains any and all rights that may exist in such content.
18. Grievance Policy
If the Student has a concern or complaint about any aspect of their Program, they must email the Company, outlining the concern or complaint. The Student will be sent a reply by email within ten (10) business days of receipt of their email. The Student may not address their concern with any other person or in any other venue, online or otherwise.
The Company reserves the right to update or change any aspect of the Programs or the terms and conditions of this agreement without notice.
The Company may, from time to time, change the terms and conditions and/or rules that govern the Student’s Programs, including, without limitation, the receipt or use of the Programs, and/or use of the Site. This may include establishing policies and limitations concerning the Student’s personal postings hosted at the Site. The Student agrees that the Company shall not be liable to the Student or any third party for any modification, suspension or discontinuance of any of the services, any document, information or other content on the Site. The Company may from time to time, without providing any notice, change, modify, substitute, add or delete any aspects of its business and operations, including, without limitation, any services provided thereunder, or fee structure, terms and conditions, applicable to your use of the site or any part thereunder. Such changed terms shall be effective immediately upon posting to the web site. Any use of the program and/or the Site by the student after such notice shall be deemed to constitute acceptance by you of the changed terms.
20. Dispute Resolution
In the event of a dispute between the Parties arising from the meaning or effect of any clause or matter contained in this Agreement or arising from the rights and liabilities of the Parties, the Parties agree to attempt to settle this matter on an amicable basis. If the Parties cannot resolve the matter on an amicable basis, the Parties agree to refer the dispute to an independent third-party mediator. If the Parties cannot reach a settlement in accordance with the procedures outlined above, the Parties will refer the dispute to arbitration to be settled in accordance with the Ontario Arbitration Act, 1991 by one arbitrator, with the arbitration to be held in Toronto, Ontario.
This Agreement may be terminated by the Company, in its sole and complete discretion, by written notice and without any refund or compensation for any reason, including, but not limited to the Student`s failure to comply with any provisions contained in this Agreement, and which the Company believes is in violation of any applicable law or regulation or is otherwise harmful to our interests or to the ethics of the Company, another customer of the Site or any third party.
The Student’s use of the Program and the right to use the Site is not transferable. Any password or right given to the Student to obtain information or documents through the use of the Program is not transferable. The Student may not disclose to or share their password with any third party or use their password for any unauthorized purposes.
The Student shall indemnify and hold harmless the Company, its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees and agents from any and all claims, damages, suits, actions, and liability whatsoever, including any claims for personal injury or death or any loss or damage to property that arise out of, or in connection with, participation in the Programs. If the Company is made a party to any litigation commenced by or against the Student, the Student agrees to indemnify and hold harmless the Company and shall pay to the Company all costs and expenses incurred, paid, or borne by the Company in connection with such litigation.
24. Links and Advertisers
The Site may contain links to other Websites. The Company is not responsible for the content, accuracy or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked Web site on the Site does not imply approval or endorsement of the linked Web site by the Company. If the Student decides to leave the Site and access these third-party sites, the Student does so at their own risk. The existence of a link to a third party’s site does not constitute endorsement or recommendation by The Company beyond what might be specifically provided for. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. The Company is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. The Company disclaims all liability for any loss or damages arising from the content or provision of services of any third party service or resource. Third party content may appear on the Site or may be accessible via links from the Site. The Company is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. The Student understands that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the beliefs of the Company.
25. Assignment and Transfer
The Company may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the Student.
26. Program Delivery & Website Access
The Company is not responsible for any Program delivery interruptions due to internet, computer, online technology, and/or hosting delays, disruptions or changes. There is no recourse or compensation due to the student from the Company for any interruption or technical issue.
27. Governing Law
This Agreement is governed by the laws of the Province of Ontario, Canada.
28. Entire Agreement
This Agreement constitutes the entire agreement between the Parties. There are no representations or warranties, whether express, implied, statutory or otherwise, and no collateral agreements other than those expressly set out herein.