You agree that by clicking “Join Now” or Sign Up” or similar, registering, accessing or viewing and/or downloading our webinars (the “Services”), you are agreeing to enter into a legally binding contract with Mosaics Approach (referred to as “us” or “our”) (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.
When you register and join Mosaics Approach or become a registered user, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
The Services are not for use by anyone under the age of 18. To use the Services, you agree that: (1) you must be 18 or older; (2) you will only have account, which must be in your real name; and (3) you are not already restricted by Mosaics Approach from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and our list of Dos and Don’ts and act respectfully in posting responses and comments. You are responsible for anything that happens through your account unless you close it or report misuse.
If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and any terms and conditions specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- All of your purchases of Services are subject our refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
- Rights and Limits
By submitting suggestions or other feedback regarding our Services to us, you agree that MOSAICS APPROACH can use and share (but does not have to) such feedback for any purpose without compensation to you.
We may change or discontinue any of our Services.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
We reserve the right to limit your use of the Services and reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Contract or law or are misusing the Services.
We reserve all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
- Disclaimer and Limit of Liability TO THE EXTENT ALLOWED UNDER LAW, MOSAIC SAPPROACH AND ITS AFFILIATES (AND THOSE THAT MOSAICS APPROACH WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED UNDER LAW, MOSAICS APPROACH AND ITS AFFILIATES (AND THOSE THAT MOSAICS APPROACH WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF MOSAICS APPROACH AND ITS AFFILIATES (AND THOSE THAT MOSAIC APPROACH WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) ONE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) CAD $500. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MOSAICS APPROACH AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MOSAICS APPROACH OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
- Termination Both you and MOSAICS APPROACH may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Sections 4, 6, 7, and 8 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
- Governing Law and Dispute Resolution You and MOSAICS APPROACH agree that the laws of the Province of Ontario and the applicable laws of Canada shall exclusively govern any dispute relating to this Contract and/or the Services. You and MOSAICS APPROACH both agree that all claims and disputes can be resolved only by arbitration under the Arbitration Act of Ontario by a single arbitrator without right of appeal.
- General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that MOSAICS APPROACH has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that MOSAICS APPROACH may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
- “Dos and Don’ts”
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
You agree that you will not:
- Create a false identity on MOSAICS APPROACH, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of MOSAICS APPROACH;
- Disclose information that you do not have the consent to disclose (such as confidential information of others;
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.;
- Violate the intellectual property or other rights of MOSAICS APPROACH, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word MOSAICS APPROACH or our logos in any business name, email, or URL;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by MOSAICS APPROACH without our express consent (e.g., representing yourself as an accredited MOSAICS APPROACH trainer if you are not);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without MOSAICS APPROACH’s consent;
- Use bots or other automated methods to access the Services;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); and/or
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
HOW TO CONTACT US
If you have any questions or comments about our user agreement, please contact us at firstname.lastname@example.org