Date last modified: June 13, 2014
Desire2Learn Leap Terms and Conditions of Use
PLEASE READ THESE DESIRE2LEARN LEAP TERMS AND CONDITIONS OF USE AS SET OUT BELOW (the “Terms and Conditions”) CAREFULLY BEFORE USING DESIRE2LEARN LEAP (the “Service”), A DIRECT TO CONSUMER WEB COMPOSITE OFFERING FOR LEARNERS AND IS OPTIONALLY INTEGRATED WITH OTHER DESIRE2LEARN OFFERINGS, SUBJECT TO ENABLING OF APPLICABLE EXTENSIBILITY THAT ENABLES YOU TO DISTRIBUTE, MANAGE AND CONSUME CONTENT AND OTHER FORMS OF DATA (collectively, “Data”) USING THE SERVICE. THESE DESIRE2LEARN LEAP TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THIS SERVICE, INCLUDING THE MESSAGES, INFORMATION, DATA, TEXT, SOFTWARE, IMAGES AND OTHER CONTENT THAT MAKE UP THIS SERVICE (the “Content”, which Content is part of this Service). THESE TERMS AND CONDITIONS EXEMPT DESIRE2LEARN INCORPORATED AND, ITS SUBSIDIARIES AND AFFILIATES (collectively “Desire2Learn”, “we”, or “us”) AND OTHERS FROM LIABILITY AND/OR LIMIT OUR AND THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT APPLY TO YOUR USE OF THIS SERVICE.
Your use of this Service is conditional on your acceptance of these Terms and Conditions, Desire2learn’s Privacy Statement (http://www.desire2learn.com/contact/privacy/) which is incorporated by reference into these Terms and Conditions and any other terms and conditions of the optionally integrated offerings which are incorporated by reference into these Terms and Conditions. By clicking on the appropriate button below or activating or using this Service or downloading, installing, copying, you agree on your own behalf or on behalf an individual (including in case of a parent or legal guardian) or entity for whose benefit you are authorized to act (collectively referred to herein as “you”), to accept and abide by these Terms and Conditions for each use of and each visit to this Service. If you are under the age of majority in your jurisdiction, you must review these Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms and Conditions and agree to be bound by them. If you do not agree to abide by these Terms and Conditions, do not use this Service. You agree to have these Terms and Conditions and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
By clicking on the appropriate button below or activating or using the Service, you affirm that you (i) are at least the age of majority in your jurisdiction; or (ii) are at least 13 years old and have consent of your parent or legal guardian consent to agree to this Terms and Conditions. If you are younger than 13 years of age, you may not use the Service, or any portion thereof.
Desire2Learn has the right, in its sole discretion, to add to, remove, modify, to impose new or additional rules, policies, terms or conditions on your use of the Site or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. If Desire2Learn exercises this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the terms were changed at this Service. It is your responsibility to check these Terms and Conditions each time you access this Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms and Conditions. If any change to these Terms and Conditions is not acceptable to you, you must discontinue your use of this Service immediately. Your continued use of this Service after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Service and do not alter the terms or conditions of any other agreement you may have with Desire2Learn.
Desire2Learn may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service ; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content on this Service. Desire2Learn reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirms that it has no duty to do so.
Please note that Desire2Learn does not provide additional warranties for the Service. These Terms and Conditions also limits Desire2Learn’s liability to you. See Disclaimer of Warranties and Limitation of Liability Sections for details
Except as expressly set forth in these Terms and Conditions, Desire2Learn, Desire2Learn partners, Desire2Learn licensors, and third parties, as applicable, retain all right, title, and interest in the Service. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute Service or components of the Service in any form or by any means without prior express written agreement from Desire2Learn or the rightful owner of such components, as applicable. All trademarks or service marks are property of their respective owners. These Terms and Conditions grants you no right, title, or interest in any trademarks owned or licensed by Desire2Learn, including Desire2Learn or third-party trademarks.
Subject to the terms of these Terms and Conditions and the enabling of applicable extensibility, Desire2Learn grants you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to use, display and review this Service on your computer or mobile device, and use the Content on this Service, solely for informational purpose and solely for your own personal use or internal use by your organization. You may not modify any aspect of this Service. You must include with any display or copy of the Content the copyright notice shown at the bottom of this page. No other use is permitted.
All rights not expressly granted by these Terms and Conditions are reserved by Desire2Learn.
Notwithstanding any other provision of these Terms and Conditions, you may access and use the Service for lawful purposes only. You agree to not use the Service to violate any applicable law.
You may not, or assist or cause others to:
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your use of this kService, and that you will comply with all laws that apply or may apply to your use of or activities using the Service. Desire2Learn will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. Desire2Learn shall have the right at all times to disclose any information regarding your use of the Service or related products and services as necessary to satisfy any law, regulation or governmental request.
This Service is protected by Canadian, U.S. and worldwide intellectual property and copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of intellectual property, trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all intellectual property and copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content or Data or User Content (as defined below).
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Desire2Learn” and other applicable trade-marks listed at http://www.desire2learn.com/trademarks/, constitute trade-marks, trade names, trade dress and associated products and services of Desire2Learn (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of Desire2Learn suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any license or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Desire2Learn or such third party, as applicable, is strictly prohibited.
Certain links on this Service may take you to other web sites and Data that are not owned or operated by Desire2Learn. Desire2Learn provides these links only as a convenience. Desire2Learn is not responsible for the content (that may be offensive, indecent, objectionable, or that contains errors or inaccuracies) of any such linked web sites or Data. Desire2Learn makes no representation or warranty regarding, and does not endorse, such linked web sites, Data, the information or other content appearing thereon or any of the products or services available on or through such web sites or Data.
Notwithstanding any other provision of these Terms and Conditions, you agree that your use of the Service is at your sole risk and that Desire2Learn shall have no liability to you for such linked web sites, Data, the information or other content appearing thereon or any of the products or services available on or through such web sites or Data that may be found to be offensive, indecent, objectionable, erroneous or inaccurate.
If you decide to visit any linked site or use or access another’s Data, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
You acknowledge and agree that Data may not be under the control of Desire2Learn, and that you may be required to enter into one or more agreements with third parties (including your organization or mobile carriers or internet service providers) to access and/or transmit Data. These third parties may have privacy policies to which the Data and your use thereof may be subject. You are responsible for complying with the terms and conditions of those agreements and privacy policies. In addition, by accessing Data, you may be processing personally identifiable information as that term is defined in applicable privacy or similar legislation. You are solely responsible for any such Data that is processed on your computer or mobile device.
You should carefully read Desire2Learn’s Privacy Statement before deciding to use the Service as it is incorporated into these Terms and Conditions by reference, and governs Desire2Learn’s treatment of information you provide to Desire2Learn. Please note that certain data, content or information which you may submit using the Service are likely to, reveal your gender, ethnic origin, nationality, age, or other personal information about you. You acknowledge that your submission of any data, content or information to Desire2Learn is voluntary on your part.
In order to continually innovate and improve its products and services, and/or to perform statistical analyses of the collective characteristics and behavior of all users, and/or by measuring demographics and interests regarding specific products and services and/or to provide support and services to you, Desire2Learn may collect certain information about you and your interaction with the Service. As part of the Service, Desire2Learn may also automatically upload information about your computer or mobile device, your use of the Service, and Service performance. This information that Desire2Learn collects may identify you as an individual.
Any information gathered by Desire2Learn through your use of this Service may be used by Desire2Learn for its own marketing, promotional and product development purposes and more specifically may be stored in a database and used by Desire2Learn to identify, customize and personalize user access, and assess utilization of this Service. Such information may be shared among Desire2Learn and its suppliers, licensors and clients in furtherance of the forgoing purposes. From time to time, (i) Desire2Learn may email you; (ii) Desire2Learn’s partners may contact you that may be related to the products and services they provide if you have signed up for such products and services; and (iii) Desire2Learn may display advertisements and opportunities from third parties.
As part of using the Service, Desire2Learn may provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, Desire2Learn will be free to use any feedback you provide for any purpose.
You further acknowledge and agree that use of the Service may result in data, bandwidth or additional third party charges (e.g., from your mobile carrier and/or internet provider) and that these charges are your responsibility.
Desire2Learn makes no representation or warranty and there are no conditions of any kind regarding this Service or the Content or the User Content or the Data, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or the User Content or the Data. Desire2Learn makes no representation or warranty and there are no conditions that the Service or the Content or the User Content or Data is appropriate or available for use at any locations outside Canada. Accessing the Service or the Content or the User Content or any Data from locations where it is illegal is prohibited. Those who choose to access this Service or Content or the User Content or the Data from other locations do so on their own initiative and are responsible for compliance with local laws.
You acknowledge and agree that this Service (including without limitation the Content, the User Content and the Data) is provided on an “AS IS” basis and that any use of or reliance on this Service shall be at your sole risk. DESIRE2LEARN DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT, THE USER CONTENT AND THE DATA). FOR GREATER CERTAINTY, DESIRE2LEARN DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR DEVICE, (iii) BE ACCURATE, RELIABLE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE THROUGH YOUR USE OF THE SERVICE. IN ADDITION DESIRE2LEARN DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION OR DATA YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION OR LOSS. YOU MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OR USE PRODUCTS OR SERVICES OF OTHER PARTIES. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR PRODUCTS OR SERVICES OFFERED BY ANY PARTY, INCLUDING THE PURCHASE AND PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS OR PRODUCTS OR SERVICES, ARE AGREED TO SOLELY BETWEEN THE OTHER PARTY AND YOU. DESIRE2LEARN MAKES NO WARRANTY REGARDING ANY INTERACTIONS OR TRANSACTIONS EXECUTED OR ACCESSED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS OR INTERANCTIONS OR ACCESS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY DESIRE2LEARN.
Desire2Learn, is solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms and Conditions or as required under the laws of your jurisdiction.
YOU AGREE THAT IN NO EVENT WILL DESIRE2LEARN OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “DESIRE2LEARN REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE CONTENT, THE DATA, THE USER CONTENT OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF DESIRE2LEARN OR ANY DESIRE2LEARN REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIRE2LEARN DISCLAIMS ALL LIABILITIES TO YOU, THROUGH ANY ACT OR OMISSION AS IT RELATES TO THE UNLAWFUL OR UNAUTHORIZED USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL DATA MADE AVAILABLE TO OR BY THE SERVICE OR DESIRE2LEARN. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT DESIRE2LEARN ACTS AS TRUSTEE FOR ITS SUBSIDIARIES AND AFFILIATES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF AN AFFILIATE OR SUBSIDIARY OF DESIRE2LEARN. DESIRE2LEARN AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH AFFILIATE.
By using the Service, you agree to indemnify, defend, and hold harmless (or if prohibited by the laws of your jurisdiction, to the fullest extent of the law, you are liable to), Desire2Learn, its directors, officers, employees, affiliates, subsidiaries, agents, contractors, licensors and licensees with respect to any damages, losses and costs, including attorneys’ fees and costs, related to all third party claims, charges, and investigations, caused by (1) your failure to comply with these Terms and Conditions, including your submission of objectionable data or Data that violates third party rights or applicable laws, (2) any Data you submit using the Service, (3) any breach of privacy claims made by you and (4) your use of, misuse of or inability to use the Service.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
THE SERVICE MAY BE SUBJECT TO CANADIAN, U.S. OR INTERNATIONAL EXPORT, IMPORT AND /OR USE LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL APPLICABLE CANADIAN, U.S. OR INTERNATIONAL EXPORT, IMPORT AND/OR USE LAWS AND REGULATIONS. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Service or Data or products or site or any related technical information or materials, directly or indirectly, in violation of any applicable export or import law or regulation.
You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between Desire2Learn and you or any other person arising from, in connection with or relating to this Service, these Terms and Conditions, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute (provided that Desire2Learn may bring an action against you in another jurisdiction).
These Terms and Conditions constitute the entire agreement between Desire2Learn and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Desire2Learn and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of These Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver of or consent to depart from the requirements of any provision of these Terms and Conditions will be binding unless it is in writing and signed by Desire2Learn. You and Desire2Learn are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms and Conditions.
The provisions of these Terms and Conditions will enure to the benefit of and be binding upon you and Desire2Learn and your respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators, and personal representatives. Except as provided in these Terms and Conditions, none of its provisions are for the benefit of, or enforceable by, any third party. No third party shall have the right to (a) rely on the products or services provided by Desire2Learn or (b) seek to impose liability on Desire2Learn as a result of the products and services. You may not assign these Terms and Conditions or your rights and obligations under these Terms and Conditions without the express written consent of Desire2Learn, which may be withheld in Desire2Learn’s sole discretion. Desire2Learn and its service providers may assign these Terms and Conditions and their respective rights and obligations under these Terms and Conditions without your consent.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.