These terms of use (the “Terms”), which include the Privacy Policy and the Community Guidelines, constitute a legally binding agreement between you and Greenboards. These Terms govern your access to and use of www.thegreenboards.com (the “Website”). By accessing and using the Website, you agree to comply with these Terms. If you are using the Website on behalf of an educational institution, “you” shall mean such educational institution. The words “we”, “us” or “Greenboards” shall refer to Schaw Inc., a corporation duly incorporated pursuant to the laws of Canada, with its registered office located at 85 Charlotte-Leduc, La Prairie, Quebec, J5R 6J1.
1. Types of Users
“Business Users” shall mean educational institutions.
“Regular Users” shall mean all users, except Business Users, whether registered or unregistered.
2. Eligibility to Use the Website
If you are a Business User:
To use the Website, you must submit a registration request which we shall review and decide, in our sole discretion, to approve or refuse. Subject to our approval of your registration request, you shall be entitled to create a Greenboards account in accordance with Section 3.
If you are a Regular User:
To access or use the Website, you must be at least eighteen (18) years of age. If you are under eighteen (18) years old, you may only use the Website with the consent of your parent or legal guardian. Please be sure that your parent or legal guardian has reviewed and discussed these Terms with you.
The Website is for your personal, non-commercial use. You may not use the Website if we have suspended your right to use it or if we have terminated your account.
3. Your Account
In order to create a Greenboards account, you must provide your name (in the case of a Business User, the name of the educational institution) and email address and set a password. When you set up an account, we create a member profile for you that will include the information that you provided to us.
If you are a Regular User, you may also register an account and use the Website through a social networking website such as Facebook or Google (each a “Social Networking Website”). If you access Greenboards through a Social Networking Website, you agree that we may access any information you have provided and stored on such Social Networking Website in order to create your account and set up your profile. Such information may be displayed on the Website. We disclaim any liability related to personally identifiable information provided to us by a Social Networking Website in violation of the privacy terms that you have in place with that Social Networking Website.
You acknowledge that you are responsible for any use of your account including, without limitation, maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
4. Using the Website
Regular Users may post reviews, photos, comments, opinions, messages, files, images and other information on the Website and Business Users may post responses to Regular Users’ reviews (collectively, “User Content”). Given that we do not control such User Content, you understand and agree that:
· We are not responsible for and do not endorse any such User Content, including without limitation, any information about third-party products and services provided by users;
· We make no representations about the accuracy, reliability or quality of the User Content;
· We assume no responsibility for unintended, inaccurate, misleading or unlawful User Content; and
· We disclaim any liability related to any interactions you may have with other users on the Website.
You represent and warrant that:
· You will use the Website solely for lawful purposes in a manner consistent with the Terms, Community Guidelines and all applicable laws;
· Any and all content posted on the Website through your account or on your profile (“Your Content”) does not violate the Terms, Community Guidelines, all applicable laws or any third-party right;
· If you are a Regular User, you will not impersonate another user, create an account for anyone other than yourself or create multiple user accounts to post several reviews for the same language school;
· You will not post content that you do not own or have the right to post;
· Your Content is not defamatory, libelous, fraudulent, false and misleading;
· Your reviews or responses to reviews reflect your honest opinion and experience;
· You will not post a review or response to a review in consideration for any form of compensation;
· You will not act in a manner that is harassing, threatening, racist or abusive as determined by us;
· You will not infringe our intellectual property rights or those of any third party;
· If you are a Regular User, you will not use the Website for commercial activities;
· You will not, nor will you allow any third party to, modify, copy, distribute, transmit, display, perform, reproduce, publish, license or create derivative works of our content (including without limitation our trademarks, the Website, its design, its software, its look and feel, as well as any photos, data, information, text, audio and visual material, images, graphics, videos, icons thereon or any User Content (collectively, “Our Content”)) except in accordance with these Terms; and
· You will not introduce any viruses or trojan horses to the Website.
We reserve the right to delete Your Content for any reason including without limitation content that we believe, in our sole discretion, violates these Terms.
5. Ownership of Intellectual Property
You hereby acknowledge that Our Content is either the property of Greenboards, any of its successors and assigns or its licensors.
We will act expeditiously to remove any content on the Website that infringes our intellectual property rights or those of others.
6. Licence Grant
i. Our rights to Your Content
By posting content on the Website, you hereby grant us an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, sublicensable licence to:
· Host, use, copy, display, publish, create derivative works of, adapt and distribute Your Content throughout the world; and
· Make Your Content available to other users.
You hereby expressly waive any moral rights associated with Your Content.
ii. Your rights to Our Content
We hereby grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable licence to download, view, copy and print Our Content.
7. Advertising
When you use the Website, you may receive communications from and interact with third-party advertisers. We shall not be liable to you in any way in connection with these communications or interactions or any goods or services that you may purchase or obtain from advertisers.
8. Indemnification
You agree to defend, indemnify and hold us, our affiliates, officers, directors, shareholders and employees harmless from any losses, damages, liabilities, claims or demands, including without limitation reasonable legal fees, brought by any third party as a result of or arising from:
· your use of the Website;
· your breach of these Terms; or
· your violation of any applicable law or right of a third party.
9. Other Disclaimers
You hereby understand and agree that:
· The Website is made available to you on an “as-is” and “as-available” basis, without representations or warranties of any kind, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose;
· We make no warranty that the Website will be available on an uninterrupted basis;
· We disclaim any liability related to the theft or misappropriation of your account or password;
· We disclaim any liability related to your use of and interactions with third-party links featured on the Website; and
· We disclaim any liability related to technical problems affecting the internet or the Website.
10. Termination
You may delete your account at any time. We reserve the right to suspend your right to use the Website or terminate your account at any time and for any reason, without notice or liability to you.
All representations and warranties contained in these Terms shall survive any termination of these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Québec and the laws of Canada which apply therein, without regards to any conflict of law provisions.
You and Greenboards irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Québec and agree that any dispute, action, proceeding or recourse brought in relation to these Terms by either party shall be brought only before the courts of Québec. To the fullest extent permitted by applicable law, you and Greenboards waive and renounce any right to challenge or object to the jurisdiction of the courts of Québec, including a challenge or objection based on inconvenient forum.
12. Liability
In all cases, our liability to you under these Terms will not exceed one hundred Canadian dollars (CAD $100.00).
The liability of either party to the other for any breach of these Terms will be limited to the actual direct damages arising from such breach and neither party will have any liability to the other for any special, consequential, indirect, incidental, exemplary or punitive damages or loss of profit.
13. Notice
Any notice required or permitted to be given in connection with these Terms (“Notice”) shall be in writing and shall be sufficiently given if transmitted by e-mail:
· In the case of a Notice to you at the e-mail address associated with your account
· In the case of a Notice to Greenboards at Contact Us page.
Any Notice transmitted to a party as provided above shall be deemed to have been given and received on the day it is transmitted, provided that it is transmitted on a business day prior to 5:00pm (Montréal, Québec time). However, if Notice is transmitted after 5:00pm (Montréal, Québec time) or if such day is not a business day, then Notice shall be deemed to have been given and received on the following business day.
Any party may, from time to time, change its e-mail address by giving Notice to the other party in accordance with this section.
14. Amendment
We may choose to amend these Terms from time to time in our sole discretion by posting an updated version of these Terms on a given date (the “Revision Date”). The amended terms shall be effective immediately for unregistered users and users registering accounts on or after the Revision Date. For users who registered accounts prior to the Revision Date, the amended terms shall be effective thirty (30) days after the Revision Date.
15. No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. Severability
The provisions of these Terms are severable and if any one or more provisions may be determined to be illegal or otherwise unenforceable in whole or in part, the remaining provisions and any partially unenforceable provision shall be binding and enforceable to the extent enforceable in any jurisdiction.
17. Assignment
You may not assign these Terms without our prior written consent. You acknowledge that we may assign all or a portion of our rights under these Terms without your prior consent upon thirty (30) days written notice to you.
18. Entire Agreement
These Terms constitute the entire agreement between you and Greenboards and supersede any prior like agreement, written or oral.
If you have any questions about these Terms, please contact us at Contact Us page.
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