General Conditions of Use
General terms and conditions of use of website
2508435 Canada Inc. (the “Corporation”, “we”, “our”) is pleased to welcome you on its website available at www.lcieducation.com (the “Website”). Any reference to “this Website” or “the LCI Education Website” means the website found at web address www.lcieducation.com and all web pages beginning with the URL www.lcieducation.com.
Any reference to information found on the Website refers to the entire content of the Website, regardless of whether such information is directly accessible or downloadable, in whatever form and without limitation.
For the purposes hereof, “LCI Education Network” designates a network of educational institutions whose member campuses and their subsidiaries or affiliates (each a “Member Campus”) use the trademark or corporate name “LCI Education Network” in the course of their operations. The LCI Education Network is not a unique and integrated corporate entity, and each Member Campus is a separate legal entity. Thus, the expression LCI Education Network designates individually a Member Campus or collectively, the Member Campuses.
- PURPOSE OF WEBSITE
- Purpose of Website. The primary purpose of the Website is to provide information concerning LCI Education Network and its Member Campuses, and the products and services they offer. The information on the Website is solely for informational purposes and must only be used accordingly.
- Information. While the Corporation uses all reasonable efforts to ensure that the information on the Website is accurate and up to date, it is possible that such information may occasionally be incomplete, erroneous, out of date or inaccurate. Before making a decision based on information on the Website, you should validate that information through another source, or contact the Corporation directly.
- ACCEPTANCE OF CONDITIONS OF USE AND COMPLIANCE WITH LAWS
- Compliance with laws. BY VISITING OR USING THIS WEBSITE, YOU AGREE TO BE WHOLLY AND UNRESERVEDLY BOUND BY THESE GENERAL CONDITIONS OF USE AND BY ALL APPLICABLE LAWS. You are bound to respect all applicable laws, including without limitation all intellectual property laws, all privacy laws and all laws on the protection of personal information.
- USE OF THE WEBSITE AND ITS CONTENT
- Ownership. The Website is owned and operated by the Corporation. Except for User Content (as defined in the Terms and Conditions of Use of the “Portfolios” Section of the Website) in the “Portfolios” section of the Website, the content of the Website, including all data, facts, graphics, photographs, images, audio and video data, software, trademarks, logos, trade names, text and all other features and/or information provided by the Corporation and included on the Website (collectively, the “Content”) is and remains the property of the Corporation, its related companies, the Member Campuses of LCI Education Network and/or their respective third-party licensors. The Content is protected by Canadian and international intellectual property laws.
- Limited reproduction. By using this Website, you agree to abide by Canadian and international copyright laws and to refrain from and prevent all unauthorized copying of the Content. Unless otherwise specified herein, the Corporation does not give you any right to use its patents, trademarks, copyrights or other intellectual property rights, or those of LCI Education Network, and you may not use, modify, copy, reproduce, publish, post, transmit, execute, create works derived from, transfer or sell the Content in whole or in part without the express written permission of the Corporation. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution purposes is strictly prohibited except with the prior written permission of the Corporation. To request a written permission, please contact the Corporation at the following email address: email@example.com .
- Use of Website. So long as you comply with the General Conditions of Use, the Corporation grants you the non-exclusive, non-transferable, non-sub-licensable and limited right to access (remotely, through an Internet connection provided by you), use, display and view the Website and the Content, for information purposes only. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. You also agree not to contest or challenge the Corporation’s intellectual property rights or the validity of its rights in the Content. You are authorized to consult, download, print and reproduce the Content for your own personal and non-commercial use. This authorization is only valid provided that you (i) retain any and all copyright indicia or other indicia of intellectual property rights therein, and indicate the source as the URL (or web address) of such Content, (ii) not modify the Content in any way, and (iii) not reproduce the Content or post, execute, distribute or use it publicly for commercial purposes. All rights granted to you in connection with the Website and the Content shall be immediately revoked if you breach any of the terms and conditions set forth in the General Conditions of Use, including the restrictions stipulated in the preceding provisions. Upon such revocation, you agree to immediately cease using the Website and the Content.
- Links to other websites. Links on the Website can connect you to other applications or websites belonging to third parties, including social networks owned and operated by third parties (collectively, the “Third-party Applications”). If you use any Third-party Applications, you will leave the Website. We are not and cannot be held liable for any content, advertising, products, services or other material available on Third-party Applications. The Corporation cannot be held liable for any damages that may ensue from using links to Third-party Applications or from any information thereon or distributed through same. If you use or visit a Third-party Application, you thereby assume all responsibility therefor, and it is incumbent upon you to take all necessary precautions. Third-party Applications are governed by conditions that are different from those applicable to our Website. We therefore encourage you to consult them.
- Messaging and sharing services. Some portions of the Website allow you to send private emails and/or provide you with the opportunity to share your opinion through a discussion forum or blog (the “Forums”). You are solely responsible for any messages you send via the Website and for the consequences of any such messages on the Forums. The information and content that you share or publish can be viewed by other users of the Website.
- CHANGES TO AND ACCESSIBILITY OF SERVICES
We have the right to discontinue any feature or function of the Website or to modify, suspend or interrupt same, including (i) modifying the availability of any feature thereof at any time, without notice or liability, and (ii) imposing limits on certain features and Services, or limiting your access to part or all of the Website for any reason whatsoever, without notice or liability. We have the right but are not obligated to correct, at our sole discretion, at any time and without notice, any error or omission in any part of the Website.
- DISCLAIMER AND LIMITATION OF LIABILITY & INDEMNIFICATION
- Liability exclusion clause. You acknowledge that your use and reliance upon the Website is at your own risk. To the extent permitted by law, we provide no warranty of any kind whatsoever in respect of the Website, which is made available to you “AS IS”. WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF ABSENCE OF COUNTERFEIT, AND OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES OTHERWISE AVAILABLE UNDER APPLICABLE LAW OR MARKET CONDITIONS OR IN THE NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE WEBSITE IS ERROR-FREE OR THAT IT WILL CONTINUE TO OPERATE OR OPERATE UNINTERRUPTEDLY
- Limited liability. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE CORPORATION AND LCI EDUCATION NETWORK, AND THEIR RESPECTIVE MANDATARIES, LICENSORS, DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING DIRECT OR PUNITIVE DAMAGES OR ANY OTHER KIND OF DAMAGES (INCLUDING DAMAGES FOR COMMERCIAL HARM, LOST INFORMATION, PROGRAMS OR DATA, LOST PROFITS OR ECONOMIC LOSS) ENSUING FROM THE USE OF THE WEBSITE, ANY OF THE PROVIDED CONTENT, ANY THIRD-PARTY APPLICATION, OR FROM INABILITY TO USE THE WEBSITE OR ACCESS SAME, WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, OR SUCH DAMAGE OR LOSS WAS REASONABLY FORESEEABLE. You acknowledge that in any event the total and cumulative liability of the Corporation and LCI Education Network for such damages is limited to $100 in Canadian currency.
- Indemnification. You agree to indemnify and hold the Corporation and LCI Education Network harmless from and against any lawsuit instituted against them pursuant to any breach by you of these General Conditions of Use.
- PROTECTION OF PRIVACY
- MONITORING WEBSITE USE
The Corporation has the right to monitor, in its sole discretion, your use of the Website, as well as access thereto and use thereof by all other users. By agreeing to access the Website you consent to such monitoring. You also acknowledge that the Corporation is not bound so to act and makes no representations in this regard.
The Website contains trademarks that are the property of the Corporation or its third-party suppliers. Trademarks belonging to third parties are used on the Website pursuant to licences giving rights to the Corporation but not to you. You have no right to use the trademarks on the Website. Any use thereof must be pre-approved by the Corporation or one of its third-party suppliers, as the case may be.
- CHANGES TO GENERAL CONDITIONS OF USE WITHOUT PRIOR NOTICE
- Changes to General Conditions of Use. We may elect, at our sole discretion, to add, remove, modify, suspend or otherwise alter any part of these General Conditions of Use, in whole or in part, at any time. Such changes are effective once notice thereof is posted on the Website. Please check the General Conditions of Use frequently to determine whether they have been updated, by referring to the date of the “Latest Update” indicated at the beginning of this document. Accessing or using the Website after notice of changes thereto has been given as aforesaid shall be construed as your acknowledgement and acceptance of the modified contract. If you do not agree with any changes made to the General Conditions of Use, you must immediately cease using the Website and the Services. In the event of litigation in connection with the said contract, the version thereof in effect at the time the dispute arose shall be used in resolving same.
- TERMINATION OF CONTRACT AND LIMITATION OF ACCESS
- Termination of contract. The General Conditions of Use take effect for the duration of your use of the Website. The parties can terminate the contract between them at any time. Upon such termination, you will no longer have the right to use the Website or your user account. The following provisions shall continue to apply following termination: (i) users and/or visitors may continue to share Content and information you have published to the extent that same was published and shared prior to termination, and (ii) all provisions relating to intellectual property, restrictions on the use of the Content, limited guarantees, limited liability, indemnification as well as interpretative provisions contained herein.
- Limitation of access. The contract between you and the Corporation applies whenever you are using the Website. The Corporation may prevent or limit your access to the Website in its sole discretion. The provisions hereof regarding intellectual property, limitations on the use of Content, restricted warranties, limited liability and indemnification will continue to apply after the contract has ended.
- FORCE MAJEURE
The Corporation and LCI Education Network cannot be held liable for any damage or loss in the event that they are prevented from performing any of their obligations hereunder by an event of force majeure.
- GOVERNING LAW
This contract is governed by the laws applicable in the Province of Québec, Canada. You hereby acknowledge that any litigation ensuing from or related to your use of the Website shall be subject to the exclusive jurisdiction of the courts of the judicial district of Montreal, Québec.
- GENERAL PROVISIONS
- Entire agreement. This contract constitutes the entire agreement between the parties with respect to its purpose and supersedes any previous agreement, representation, warranty or understanding, oral or written, express or implied, in that respect.
- Interpretation. In the event that one or more of the provisions hereof is declared unenforceable by a court of competent jurisdiction, you and we agree that any such unenforceable provision shall be severed herefrom without affecting the enforceability of the remaining provisions. Any failure on our part to take action following a breach hereof does not constitute a waiver of any of our rights hereunder.
- Assignment. The Corporation and/or LCI Education Network may assign their rights and obligations hereunder without the consent of users (i) to a related company, or (ii) in connection with a merger or with the sale of all or a substantial part of their business or assets, provided that (i) in the case of assignment to a related company, the latter assumes all of the Corporation’s obligations hereunder, and (ii) the assignor is relieved of its obligations hereunder on a prospective basis, such assignment resulting in novation.
- Waiver regarding accessibility. The Website may list or mention products, programs and services of the Corporation and third parties that are not currently available in your jurisdiction. Any mention of such products, programs or services in connection with another jurisdiction in no way obliges [ABC] to offer them in your jurisdiction at any time.
- Retention of rights. The Corporation retains all rights not expressly granted hereunder.
- Language. It is the express wish of the parties that this agreement and all related documents be drawn up in English. / C’est la volonté expresse des parties que le présent contrat ainsi que les documents qui s’y rattachent soient rédigés en anglais.