- This website (the Site) is owned and operated by Sonderly™, the learning division of Geneva Centre for Autism (Sonderly). The Site contains various types of content including, audio, video, text, software, graphics, interfaces, reports, data, databases, web pages, instructional and training materials, lessons, tests, questionnaires, quizzes, curriculums, product names, logos, designs, characters (including character representations), intellectual property (including registered and unregistered trademarks and copyrights) and other materials (all collectively referred to as Content).
- The Content is either owned by Sonderly, or used and distributed by Sonderly under license from Sonderly’s licensors.
REGISTRATION, ACCOUNTS AND PASSWORDS
Use of the Site may require you to register, subscribe and set up an account. If you do so, you agree to provide accurate and complete information, including a valid e-mail address, and to promptly update your information in the event that any of it changes. You are responsible for protecting your account and your login credentials and you may not grant access to either your account or your login credentials to any other user or any third party without Sonderly’s prior written permission. If you suspect that your account or your login credentials are being used by an unauthorized third party, you must notify Sonderly immediately. In the event of your death, Sonderly will, in its discretion, subject to applicable laws, close or disable your account.
COPYRIGHT AND OWNERSHIP
All Content accessible through the Site is owned by Sonderly or by third party owners and is used by Sonderly with the permission of the respective owner. All such Content is protected by Canadian and worldwide copyright laws and treaties.
USE OF THE SITE
- Sonderly grants you a limited, non-exclusive, non-transferrable license for your own personal and non-commercial use to (i) access the Site until such time as Sonderly, in its discretion, cancels, suspends or terminates your access to the Site, and (ii) use and display Content, as authorized by Sonderly from time to time, on your computer or other electronic access device,.
- You are prohibited from at any time from:
- Sonderly has no obligation to you regarding any of your User Content and by communicating such User Content to Sonderly you automatically grant to Sonderly a worldwide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, and distribute such User Content (including any derivative works thereof) and any ideas, inventions, concepts, know-how or techniques contained in such User Content, all without any obligation of attribution or compensation to you, and you waive any and all moral rights that you may have in such User Content
LINKS TO OTHER WEBSITES
The Site may provide you, for your convenience and without endorsement of any kind, with links and references to other websites owned, operated and/or maintained by third parties not under Sonderly’s control. If you decide to access any such website you will be doing so entirely at your own risk, and it is your responsibility to take protective measures to guard yourself and your systems from viruses, malware, phishing attacks and other malevolent agents.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (i) THE SITE IS
PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SONDERLY MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (COLLECTIVELY REFERRED TO IN THIS SECTION AS WARRANTIES) OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, (ii) SONDERLY SPECIFICALLY MAKES NO WARRANTIES THAT THE SITE, INCLUDING THE CONTENT, WILL BE PROVIDED ON A CONTINUOUS, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT YOUR USE OF THE SITE’S PRODUCTS OR SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (iii) NOTHING ON THE SITE OR IN THE CONTENT SHALL AMEND OR SUPPLEMENT ANY CONTRACT THAT YOU MAY HAVE WITH SONDERLY FOR ANY PRODUCTS OR SERVICES.
INDEMNIFICATION AND LIMITATION OF LIABILITY
- You agree to defend, indemnify and hold harmless each of Sonderly, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to:
- You agree to use your best efforts to cooperate with Sonderly in the defence of any claim. Sonderly reserves the right, at its own expense, to assume the exclusive defence and control of any action or matter which is otherwise subject to indemnification by you.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ANY OF SONDERLY, ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER SONDERLY HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR USE, INABILITY TO USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE IN WHOLE OR IN PART, (ii) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR USER CONTENT, OR (iii) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT.
GOVERNING LAW AND JURISDICTION
- You agree to waive any right you may have to commence or participate in any class action against Sonderly related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Sonderly.
- Notwithstanding the foregoing, Sonderly reserves the right to protect its intellectual property rights and its confidential information (including the intellectual property rights and confidential information of its licensors and suppliers) through injunctive or other forms of equitable relief.
POSTING DATE: September 1st, 2019