Terms
WEBSITE TERMS OF USE AGREEMENT Last Updated July 30, 2019Welcome to this website, https://sellfy.com/epsb-resources, (the “Site”) controlled and operated by the Board of Trustees of Edmonton Public Schools (“our” or “us” or “we”) where this Terms of Use is posted. The Site is designed to help you, the customer and user, access and purchase the educational materials and resources available through our Site. This Site does not exist for any other purpose. This Terms of Use describes the terms and conditions applicable to your access and use of the Site and the resources provided through the Site (the “Service”). Prior to registering an account[A1] , accessing and using the Site, you agree to accept all of the terms and conditions of this Terms of Use.
YOU AFFIRM THAT YOU ARE EITHER 18 YEARS OF AGE OR OLDER, HAVE REACHED THE AGE OF MAJORITY IN YOUR PROVINCE OR STATE, OR POSSESS PARENTAL OR GUARDIAN CONSENT TO AGREE TO THE TERMS AND CONDITIONS SET OUT IN THE TERMS OF USE AND TO ACCESS AND USE THE WEBSITE. YOU AFFIRM YOU ARE OTHERWISE FULLY ABLE AND COMPETENT AND HAVE LEGAL CAPACITY TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THE TERMS OF USE.
By visiting, browsing, accessing or otherwise using our Site and/or Service signifies that you agree to this Terms of Use and constitutes your binding acceptance of this Terms of Use, including any modifications that the Site and/or Service makes from time to time. You should check this Terms of Use frequently.
1. Privacy Policy - By using the Site or the Service, you represent that you have read our Privacy Policy. We may revise the Privacy Policy at any time, and the new versions will be available at the Privacy Policy link located on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or Service.
2. Terms of Use Updates – We may amend this Terms of Use at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this Terms of Use. Changes may be made to the Site and/or the Service at any time. If at any point you do not agree to any portion of the then-current version of this Terms of Use, you must immediately stop using the Site and/or the Service.
3. Termination of Service - We reserve the right to deny you access to the Site and the Service at our sole and absolute discretion. The Service is offered with the understanding that we may terminate the Service at any time, for any reason or no reason, including without limitation for any violation of the Terms of Use. We may stop offering and/or supporting the Site and/or the Service at any time.
4. Linked Sites - We, whether or not affiliated with sites which may be linked to our Site, are not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.[A2]
5. Restrictions and Conditions of Use
5.1 Use of Site and Service
a. We permit you to view and use a single copy of the Site for your personal, non-commercial use.
b. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, resources, materials, or services accessed or purchased from the Site and/or the Service, unless otherwise permitted through the copyright statements associated with such resources contained on the Site.
c. You agree to register only a single account on the Site. Multiple accounts per user are not permitted.
d. You will only use this website to access or purchase the educational materials and resources available through our Site.
e. If your account shows any sign of fraud or abuse, we may at our sole discretion terminate your account and permanently restrict your usage of this site in the future.
f. Any payments for the purchasing of educational materials and resources on our Site will be made in local currency, namely Canadian Dollars, and will be redirected to a third party payment system for processing, whereby such system is hosted by a third party vendor. Once your payment is processed, your payment information is not maintained on our Sites. Additional taxes and fees may apply.
5.2 No Violation of Laws - You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, rule or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.3 Misuse of Site and/or Service - You may not connect to or use the Site and/or the Service in any way not expressly permitted by this Terms of Use. Without limiting the foregoing, you agree that you will not:
a. post to the Site any personal information or unsolicited promotional content;
b. institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person's use of the Site and/or the Service;
c. attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service; or
d. use the Site or the Service to develop, generate, transmit, publish, display or store any information or content that is: (i) defamatory, harmful, abusive, obscene, hateful, false or misleading; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or the Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
5.4 No Data Mining or Harmful Code - You agree that you will not:
a. obtain or attempt to obtain any information from the Site and/or the Service, including without limitation information about other users, using any method not expressly permitted by the Site;
b. intercept, examine or otherwise observe any proprietary communications protocol used by the Site and/or the Service, whether through the use of a network analyzer, packet sniffer or other device; or
c. use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
6. Location - The Site and the Service are controlled and operated by us in Canada. We make no representation that materials on the Site or the Service are appropriate or available for use in other locations, and access to the Site and the Service from jurisdictions where the contents thereof are illegal is not authorized. Those who choose to access the Site and/or the Service from locations outside Canada do so on their own initiative and are responsible for compliance with all applicable local laws
7. Ownership - As between you and us and/or our licensors, we and/or our licensors own the Site and the Service. Subject to the copyright statements of the various resources contained on the Site, you agree that you will not create any work of authorship or create any derivative works based on the Site or Service or the resources available therein. Any reproduction or redistribution of the Site or use of the Service not in accordance with this Terms of Use is expressly prohibited by law, and may result in severe civil and criminal penalties.
8. Intellectual Property
8.1 General - Your use of the Site and the Service in no way creates any proprietary interest therein, and all right, title and interest in and to the Site, the Service, our registered and unregistered trademarks, and copyrights, with the exception of open source and third-party owned resources, including but not limited to, source code, text, illustrations, designs, icons, audio and video clips, documents, products, and software (collectively referred to as “Materials”), are expressly reserved to us. By submitting information to the Site and/or the Service including, but not limited to, written content, you grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, adapt, distribute, display or otherwise exploit such information.
8.2 Copyright - The Site and Materials are protected by Canadian, U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site and Materials or individual sections of the content, design or layout of the Site and Materials without our express prior written permission. You agree to comply with all copyright statements associated with resources posted by Participants of our Site.
9. Children - The Site and the Service are not directed toward children or persons under the age of 18 nor do we knowingly collect information from children or persons under the age of 18. If you are under 18, please do not submit any personally identifiable information to the Site.
10. Disclaimer of Warranties – THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; THAT THE DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability – TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification - You agree to indemnify, defend and hold us harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Terms of Use or any other policies that we may issue for the Site and/or the Service from time to time. You agree to waive all claims against us, our officers, directors, employees or consultants regardless of cause.
13. Governing Law and Dispute Resolution
13.1 Any claim or dispute relating to, including the use of, this Site or Service, or relating to this Terms of Use shall be governed by and construed in accordance with the laws in force in the Province of Alberta, Canada, without regard to conflict of law rules, and shall be resolved in accordance with the provisions of this section 13.
13.2 You agree to have any claim or dispute resolved through arbitration by a single arbitrator in accordance with the provisions of the Alberta Arbitration Act whose decision shall be final and binding. Arbitration hearings shall be held in Edmonton, Alberta, Canada. The language to be used in the arbitration proceeding shall be English, and you and we shall each pay our own costs associated with arbitration.
13.3 Nothing in Section 13 shall prevent either you or us from applying to a court of competent jurisdiction in the Province of Alberta, Canada for interim protection such as, by way of example, an interim injunction. A request for interim protection shall not be deemed a waiver of the right to arbitrate.
13.4 Notwithstanding anything herein, claims of infringement or misappropriation of our intellectual property rights, including patent, copyright, trademark, or trade secret, shall not be subject to this arbitration provision. You consent to the jurisdiction of the federal and provincial courts located in Alberta to hear any such claims.
14. General
14.1 Terms of Use Revisions - This Terms of Use may only be revised in a writing signed by us, or published by us on the Site.
14.2 No Partnership - You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Terms of Use or your use of the Site or the Service.
14.3 Assignment - We may assign this Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms of Use without our prior written consent, and any unauthorized assignment, sub-license or transfer by you shall be null and void.
14.4 Severability - If any part of this Terms of Use is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms of Use shall be given full force and effect.
14.5 Notices - Unless otherwise expressly stated in this Terms of Use, all notices from you to us must be in writing and sent to our contact address at Board of Trustees of Edmonton Public Schools, District No. 7, One Kingsway, Edmonton, Alberta, Canada T5H 4G9 and all notices from us to you will be displayed on our Site from time to time.
14.6 Attorneys’ Fees - In the event any litigation is brought by either party in connection with this Terms of Use, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
14.7 No Waiver - Our failure to enforce any provision of this Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
14.8 Equitable Remedies - You hereby agree that the Site would be irreparably damaged if the terms of this Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.