NOTICE: By registering to use any services provided by GoForth Education Inc., you expressly agree to be bound by all of the terms and conditions of the following Agreement, which Agreement, among other things, contains provisions limiting or releasing any liability of GoForth Education Inc. arising from such use, and contains provisions permitting GoForth to collect, use and make disclosure of certain personal information concerning the user to third parties.
The following is an agreement between GoForth Education Inc., operating as GoForth Institute, whose head office address is Suite 300, 400 5th Avenue SW, Calgary Alberta Canada T2P 0L6, 403 242-2546 (“GoForth”) and any person or other legal entity, and in the case of persons under the age of majority, their parent or legal guardian, (“you,” “your” and the “account holder”) who wishes to purchase the online entrepreneurship education products provided by GoForth through access to their website (“Site”) and the service provided on the Site (the “Service”). This GoForth service agreement (“Agreement” or “Terms and Conditions of Use”) consists of the following provisions, any terms and conditions incorporated by reference, and the information provided by you as part of the GoForth registration process.
In order for you to make use of GoForth programs, you must have access to a personal computer with hardware, software and internet access that meet the minimum requirements as set forth in Schedule “A” attached, which requirements may be changed from time to time, or the Service may not function properly or not at all. You are responsible to ensure that your computer hardware, software and internet access setup meets all technical requirements, and are urged to review the minimum requirements in Schedule “A” prior to completing your registration. By correctly completing and indicating your agreement in the registration process, you enter into the Agreement. This Agreement is effective upon registration, and governs your use of the Service and the Site.
Persons under the age of 18 may register on this Site and submit personal information to us only in conjunction with and under the supervision of a parent or legal guardian. The user of this Site by a person under the age of 18 constitutes the agreement of the parent or guardian to these Terms and Conditions of Use. If you are an individual entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to enter into this Agreement, or you do not have the legal capacity to enter into this Agreement, you may not enter into the Agreement or use the Service.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to the GoForth Institute Site. Everyone who uses the Service is subject to this Agreement. This Agreement is between you and GoForth. You may not change, supplement or amend this Agreement in any manner. You must be at least 18 years old to use the Service. If you are under the age of 18, you can use this Service only in conjunction with, and under the supervision of a parent or legal guardian. It is your sole responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws in using the Service.
GoForth may unilaterally amend or supplement this Agreement from time to time on notice as permitted in the manner described in this Agreement, and your continued use of the Service shall constitute your acceptance of such amendments. If required by law, GoForth will notify you at the email address you provide to us on registration and give you prior notice of such amendments and the opportunity to terminate this Agreement if you do not agree with such amendments.
2. DESCRIPTION OF SERVICE
The Service consists of the provision by GoForth to you of access to the GoForth Institute Site, which provides entrepreneurship education in the form of streaming web video instruction, downloadable documents, PowerPoint slides, email instructor functionality and additional products offered from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not capture, reproduce, copy, duplicate, sell or resell any part of the Service. Usernames and passwords are not transferrable. If you are unable to complete your use of the Service within one calendar year, the username and password issued to you at time of registration will be deactivated with no refund.
3. MODIFICATIONS TO SERVICE
GoForth reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that GoForth shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4. ACCESS TO SERVICE
Users are permitted three separate and completed views of each video lesson, after which users must register and purchase again for additional access to the Service. You have up to one calendar year from first registration to complete GoForth’s entrepreneurship education Service, at which point your username and password will be deactivated.
5. REGISTRATION AND PERSONAL INFORMATION
You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your username and password; (c) maintain and promptly update the Registration Data, and any other information you provide to GoForth, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or GoForth has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoForth has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy. You agree to immediately notify GoForth of any unauthorized uses of the account or any other breaches of security. GoForth cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
All user names and passwords remain the property of GoForth and may be cancelled, changed or suspended at any time by GoForth without notice. GoForth is not under any obligation to verify the actual identity or authority of the user of any user name or password.
GoForth may, from time to time, collect, use and make disclosure of certain personal information concerning the user to third parties.
7. OWNERSHIP OF SITE CONTENT AND LIMITED LICENSE
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the property of GoForth, its users or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without GoForth’s prior written permission. Provided that you are eligible for use of the Site, you are granted, solely for your personal, non-commercial use, a limited license to access and use, and to download or print a copy of, any portion of the Site Content, to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms and Conditions of Use and does not include use of any data mining, robots or similar data gathering or extraction methods.
8. TRADEMARKS AND COPYRIGHT
GoForth and other GoForth graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or copyright protected property of GoForth. Trademarks, trade dress or other intellectual property used by Third Parties in association with the sale or license of GoForth goods or services on the Site are the property of the respective owner.
Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
GoForth charges fees for the use of the Service and may, from time to time, change these fees. Our fees, if any, are available on the Site. Unless otherwise stated, all of our fees are quoted in Canadian dollars. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.
10. TERM AND TERMINATION
This Agreement commences when created and continues until terminated by either GoForth or you. GoForth reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason. Termination of this Agreement does not terminate any agreement you enter into with a Third Party through the Site.
You may terminate the Service by giving at least 30 days written notice to GoForth. If you cancel the Service, your cancellation will take effect at the end of those 30 days. After cancellation, you will no longer have access to your account and all information contained therein may be deleted. No refunds will be provided. GoForth may terminate this Agreement and your account, delete your profile and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. GoForth may also terminate this Agreement if you do not provide a valid credit card for the payment of fees hereunder. If your credit card is invalid or charges are declined, we will notify you and attempt to charge the card again in 72 hours. If your credit card is invalid or charges are declined again, we will notify you and you will have an additional 72 hours to provide us with a new credit card. If the replacement credit card is invalid or charges are declined, your access to the Service may be cancelled and all of your information deleted permanently.
11. TECHNICAL, CUSTOMER, AND SALES SUPPORT
Technical, customer, and sales support for GoForth is provided via telephone Monday to Friday, between the hours of 8:00am and 5:30pm Mountain Standard Time (MST) by phone and email and is not provided in person.
12. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules acceptable use. Specifically, you agree to comply with all applicable laws regarding the ownership of Site content and Service, in the area in which you reside.
The Service content is Canadian – international purchasers should use the content contained in GoForth’s education materials at their own risk.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GoForth has no control over such sites and resources, you acknowledge and agree that GoForth is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GoForth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. INDEMNITY AND RELEASE
You agree to indemnify and hold harmless the GoForth Parties from any liability, cost, expense, loss, claim or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Service, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party in connection with the Site or the Service.
You agree to release the GoForth Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with the GoForth Parties or any Third Party providing goods and services through the Service.
GoForth is not responsible or liable in any manner for any content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by GoForth, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. GoForth is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. GoForth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. GoForth is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or video webcast players on account of technical problems or traffic congestion on the Internet or at any Site or for account holder not using computer hardware or mobile phone equipment, software, or for bandwidth availability that does not meet the system requirements set out in Schedule “A” attached hereto or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
You are responsible for access to a personal computer with hardware, software and internet access that meet the minimum requirements as set forth in Schedule “A”of the website Service Level Agreement available upon purchase, which requirements may be changed from time to time, or the Service may not function properly or not at all. You are responsible to ensure that your computer hardware, software and internet access setup meets all technical requirements, and are urged to review the minimum requirements in Schedule “A” prior to completing your registration. Under no circumstances will GoForth be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, or any interactions between users of the Site, whether online or offline. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. GoForth expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. GoForth does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected. Any Site Content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement. GoForth reserves the right to change any and all Site Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GoForth.
16. LIMITATION OF LIABILITY
In no event will the GoForth Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the GoForth Parties are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the GoForth Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GoForth for the Service during the term of your registration, but in no case will such liability to you exceed $300. You acknowledge that if no fees are paid to GoForth for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the GoForth Parties, regardless of the cause of action.
The parties acknowledge having consented that the present agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Please report any violations of the Agreement to firstname.lastname@example.org.
Copyright 2009-2012 GoForth Education Inc. All rights reserved.
GoForth Education Inc. Suite 300, 400 5th Avenue SW, Calgary, Alberta, Canada T2P 0L6. All correspondence should be sent to:email@example.com.
Last modified: March, 2012
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