These terms and conditions of service govern your use of LearningBranch websites (“websites”, “applications”, “portals”, “sites”); by using our websites, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites.
License to use website
Unless otherwise stated, LearningBranch and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download, and print pages or any other content from the website for your own personal use, for the use of registered users, or for use of users registered at your organization, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not (unless permission is specifically granted):
• republish LearningBranch material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any of LearningBranch material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use our websites in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without LearningBranch’s express written consent.
You must not use our websitea to transmit or send unsolicited commercial communications.
You must not use our websites for any purposes related to marketing without LearningBranch’s express written consent.
The websites and the Content are protected by U.S., Canadian, and/or foreign copyright laws, and belong to LearningBranch or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by LearningBranch or other copyright owners who have authorized their use on the website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by LearningBranch. You may not manipulate or alter in any way images or other Content on the website without specific permission from LearningBranch or the copyright owner.
LearningBranch cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.
Access to certain areas of this website is restricted. LearningBranch reserves the right to restrict access to [other] areas of our websites, or indeed this entire website, at LearningBranch’s discretion.
If LearningBranch provides you with a user ID and password to enable you to access restricted areas of our websites or other content or services, you must ensure that the user ID and password are kept confidential.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
LearningBranch will not, reproduce, adapt, publish, translate and distribute “your user content” in any existing or future media without your written consent.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or LearningBranch or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
LearningBranch reserves the right to edit or remove any material submitted to this website, or stored on LearningBranch’s servers, or hosted or published upon this website.
Notwithstanding LearningBranch’s rights under these terms and conditions in relation to user content, LearningBranch does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Our websites and software is provided “as is” without any representations or warranties, express or implied. LearningBranch makes no representations or warranties in relation to this website, software or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, LearningBranch does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on our websites constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.
Limitations of liability
LearningBranch will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any direct loss; for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if LearningBranch has been expressly advised of the potential loss.
Nothing in our website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in our website disclaimer will exclude or limit LearningBranch’s liability in respect of any: death or personal injury caused by LearningBranch’s negligence; fraud or fraudulent misrepresentation on the part of LearningBranch; or matter which it would be illegal or unlawful for LearningBranch to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using our websites, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use our websites.
You accept that, as an incorporated company, LearningBranch has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LearningBranch’s officers or employees in respect of any losses you suffer in connection with our websites.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect LearningBranch’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as LearningBranch.
If any provision of our website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of our website disclaimer.
You hereby indemnify LearningBranch and undertake to keep LearningBranch indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by LearningBranch to a third party in settlement of a claim or dispute on the advice of LearningBranch’s legal advisers) incurred or suffered by LearningBranch arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to LearningBranch’s other rights under these terms and conditions, if you breach these terms and conditions in any way, LearningBranch may take such action as LearningBranch deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
LearningBranch may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
LearningBranch may transfer, sub-contract or otherwise deal with LearningBranch’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Law and jurisdiction
These terms and conditions will be governed by the laws of the Province of British Columbia, Canada and the Participant agrees to the non-exclusive jurisdiction of the courts of the Province of British Columbia, Canada in relation to this terms and conditions.
If a provision of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted and the other provisions shall remain in effect.
The full name of LearningBranch is LearningBranch Inc.
Learning Branch Inc.
Suite 252 – 1489 Marine Dr., W Vancouver BC Canada V7T 1B8