The CommunAbility website consisting of material at the URL: www.communiability.ca (the “Website”) is owned and operated by the Postsecondary Students with Disabilities Network Project (the “Project”) which is a research collaboration led by George Brown College, in collaboration with research partners Nipissing University, the University of Ontario Institute of Technology, York University and the National Education Association for Disabled Students, (hereinafter referred to collectively as the “Project Partners”, “We”, “Us” or “Our”).
All material and content provided on the Website is intended for informational and educational purposes only and should not be used to replace the advice of a qualified professional.
By accessing, browsing, subscribing to or otherwise using the Website, you (“User”) agree to comply with the terms and conditions of use (the “Agreement”), as amended from time to time.
The Project reserves the right to change, modify or amend this Agreement, or change, add or remove portions of the Website and any Products and Services, at any time and you agree to be bound by such changes, modifications, additions or deletions as of the date on which the changes, modifications, additions or deletions are posted. The current version of this Agreement will be posted on this page of the Website at all times. Please check back frequently to see any updates or changes to this Agreement. Your continued access and use of the Website following the posting of changes will constitute your agreement to be bound by such changes. Should you not agree with the terms and conditions of the Agreement at any time, please cease accessing and using the Website and any Products and Services immediately.
Any information sent or received over the internet is generally not secure. The Project does not guarantee the security of any communication to or from the Website.
You may be issued a user name and password (collectively, your "Account") in order to access certain sections of the Website and/or certain products and services available through the Site (the "Products" and "Services" respectively). You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (a) immediately notify the Project of any unauthorized use of your Account or any other actual or potential breach of security, and (b) ensure that you exit from your Account at the end of each session. Project will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
Except for public domain material, all content and material on and/or forming part of the Website from time to time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by the Project, its partners and/or licensors. All rights not expressly granted to you in this Agreement are reserved.
Unless otherwise permitted by Us in writing, material and Content on this Website has been posted for the purpose of making it readily available for personal and public non-commercial educational use. The Content may be used, printed or reproduced, in whole or in part without charge or permission of the Project, provided that:
Except as expressly provided herein, the Website and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of the Project. Prohibited conduct includes, without limitation:
modifying, reverse engineering, decompiling, disassembling the Website, the Content or any part thereof;
using the Website, the Content or any part thereof for a commercial purpose;
renting, leasing, sublicensing or transferring any rights in the Website or the Content;
removing any copyright or proprietary notices or labels on the Website or the Content or any copies thereof;
using the Website and/or Services to breach any applicable law, including, without limitation, privacy and anti-spam laws;
violating, plagiarizing or infringing on the rights of Project Partners or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
any unauthorized use of the Content (including use on any other website or networked computer environment or posting Content on a blog, public forum or other website where Content is made available for public consumption); and
8. publishing, transmitting, displaying, disseminating or otherwise communicating any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material
engaging in any conduct which the Project, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with the Website, server, or computer systems.
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
(a) No Warranties THE WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, THE PROJECT AND EACH PROJECT PARTNER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. PROJECT PARTNERS DO NOT WARRANT THAT THE SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROJECT PARTNERS DO NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, EDUCATION MATERIALS OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE, ITS PRODUCTS AND SERVICES OR ON THE INTERNET GENERALLY. IN NO EVENT WILL PROJECT PARTNERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE OR ITS PRODUCTS AND SERVICES.
(b) Linked Sites The Project and Project Partners shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Site (“Linked Sites”). Access to Linked Sites is at your own risk. The Project Partners are not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. The Linked Sites available on the Website are provided as a convenience only, and the inclusion of a Linked Site does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon.
You agree that the Project, and Project Partners, including their governors, directors, officers, employees, students, volunteers, representatives, agents, licensors and licensees shall not be liable to you for any damages of any kind arising from your use or inability to use the Website, any Products or Services or any Linked Sites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages. In no event shall the Project and/or Project Partners total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed aggregate amount of one hundred ($100) Canadian dollars.
You agree to indemnify, defend and hold harmless each Project Partner and their governors, directors, officers, employees, students, volunteers, representatives, agents, contractors, licensors and licensees from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. Each Project Partner reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Project Partner.
The Project may, in its sole discretion, terminate or suspend your access to all or part of the Website, the Content and/or any Products or Services for any reason, including, without limitation, your breach of the Agreement.
You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using the Website or any Service. Transmission of such material shall constitute a material breach of this Agreement. The Project does not and cannot review every submission posted by Users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by the Project or the administrators of the Website, in their sole discretion. Users remain solely responsible for the content of their submissions.
By submitting content to any area of the Site, you grant the Project and Project Partners (including their contractors and licensees) a royalty free perpetual, irrevocable, transferable, non exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the license granted herein. You also authorize any User of the Website to access, display, view, store and reproduce such content for personal use.
This Website is not designed for use by any person under the age of thirteen (“Child”). Accounts will only be made available to persons over the age of thirteen. We recognize that it is possible for a Child to attempt to access and use the Website. We do not verify the age of Users and will not accept responsibility for not verifying birth dates provided at registration. If you are a Child, you are required to obtain the permission of your parent or guardian to use this Website. If you are a parent or guardian and have not consented to your Child’s use of the Website, please contact Us immediately to suspend, permanently or temporarily, access to the Website. If We have knowledge that a Child has created an Account without parental/guardian consent, the Project will suspend and terminate the Account as soon as practicable, and will remove / cease use of all personal information relating to said Child forthwith. A parent or guardian that authorizes use of the Website by its Child accepts full and sole responsibility for the acts and omissions of its Child in connection with its access and use of the Website, and any breach of the terms of this Agreement.
This Agreement and your use of the Website shall be governed and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein notwithstanding your domicile, residency or physical location. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in the Province of Ontario. You agree not to bring any legal action against any Project Partner in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful or invalid by a court of competent jurisdiction, then the impugned provision(s) shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and the Project (including Project Partners) in connection with your use of the Website. Any failure to insist upon or enforce strict performance of any provisions of this Agreement is not to be construed as a waiver of any provision or right. Your use of the Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and any Project Partner other than that of independent contractors.
If you have any questions about the Agreement, please contact the Project by visiting the “Contact Us” section of the Website.