Program and Membership Site User Agreement
PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ANY SHIFTED SOFTWARE, TECHNOLOGY, TRAINING MATERIALS, VIDEOS, OR OTHER PRODUCTS AND/OR SERVICES OR VIEWING ANY OTHER CONTENT FROM THE SHIFTED WEB SITE. By using any such products or services provided by shiftED Academy Inc. (“shiftED”), you, as a customer and licensee of shiftED, (hereinafter “Customer”) signify your assent to these terms. If you do not agree to this Program and Membership Site User Agreement, please do not use the shiftED Software, Technology, Training Materials, Videos, Products, and Related Resources.
By accessing and utilizing the shiftED Web site, software, technology, training materials, videos, products, and all related materials and services, Customer accepts, without limitation or qualification, the terms and conditions set forth below and acknowledges that any other agreements between you and shiftED are superseded and of no force or effect:
- Terms and Conditions – shiftED Academy Inc. (the “Provider”) agrees to provide you with access to shiftED's training programs and/or membership site contents and all related and associated training and member collateral (the “Program”) upon the following terms and conditions. By registering for a Program or registering for a membership, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
- Effective Date - This Agreement shall start upon registration by the Participant in a Program or Membership and shall be enforceable between the parties starting on that registration date.
- Program – The Provider agrees to provide access to all of the Program and Member features as described in the specific Program or Member sales page on the Effective Date. These Program and Member features may include lessons, guidebooks, forms, worksheets, checklists, ongoing live training sessions, recorded sessions, videos, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
- Limited License – By purchasing a Program or Membership, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program or Membership. The Participant is granted the right to download, store and print single copies of items comprising the Program or Membership for personal and individual use only. All ownership rights in the intellectual property related to the Program or Membership remain with the Provider and the Participant may not use or reproduce, share, or disclose any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program or Member site without refund.
- Copyright - The material in the Program or Membership is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations, and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program/Membership or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
- Course Registration – The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program or Membership and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program/Membership or other Program/Membership participants or fails to follow the Program/Membership guidelines. In the event of a termination of the Program or Membership, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
- Fees – The fees for online courses and any membership programs shall be as set out in the Program or Membership website and offers from time to time. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
- Membership Fees and Renewals – If the Participant has subscribed to a Membership, the Participant agrees to the following terms of subscription:
(a) Automatic Renewal – Unless cancelled by the Participant in accordance with cancellation policy in Clause 9, or refunded under the money-back guarantee in Clause 10, all monthly or annual subscription plans of the Program or Membership shall automatically renew at the end of each subscription period.
(b) Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date.
(c) Annual Subscription – After the initial annual subscription has been completed by the Participant and the annual subscription has been renewed, the Participant shall be entitled to cancel the subscription to the Membership and receive a refund of annual subscription fees on a prorated basis based on the number of full months left unused.
(d) Monthly Subscription – After the initial monthly subscription has been completed by the Participant and the monthly subscription has been renewed, the Participant shall be entitled to cancel the subscription to the Membership at any time throughout the month without refund, prorated or otherwise.
(e) Cancellation of Monthly Subscription - You may cancel your subscription at any time. Your participation in and access to the Membership shall cease at the end of the current period. The Participant shall not be charged by the Provider for any membership fees after the current period. Unless the Participant has cancelled the Membership within the period of the money back guarantee in Clause 10, the Participant remains responsible to pay all amounts owing for the Membership.
- Cancellation Policy for Programs – You may cancel your participation in a Program in writing by e-mail to [email protected]. Your participation in and access to the Program shall cease immediately. Unless the Participant has cancelled the Program within the period of the money back guarantee in Clause 10, the Participant remains responsible to pay all amounts owing under a payment plan for the Program.
- Money Back Guarantee – The Provider wants you to be satisfied with the purchase of your Program or Membership so we offer a money back guarantee for all Programs and Memberships. To claim a refund under this guarantee, please send an e-mail to [email protected] within 30 days of your registration for the Program or Membership. You will be required to provide in your e-mail the name of the Product or Membership, the date of purchase, the payment method and the name and e-mail address of the Participant and purchaser. The refund will be processed within 5 business days by the Provider via the original payment method.
- Passwords - Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
- Credit Card Authorization – By purchasing a Program or Membership with a payment plan or recurring program or membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing program or membership fees or payments owing as determined by the provisions of this Agreement.
- Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program or Membership to the Participant for informational and educational purposes only. The information contained in the Program or Membership, including any interactions with instructors, and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program or Membership to their own personal circumstances and may wish to get additional professional advice where appropriate.
- Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program or Membership being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program or Membership.
- Limitation of Liability - Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program or Membership, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
- Disclaimer of Warranties - The Program or Membership is provided “as is” and “as available,” without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program or Membership, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program or Membership including, without limitation, that (i) the Program and Membership will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program or Membership site will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program or Membership at your own risk and liability.
- Release and Indemnity - The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program or Membership (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program or Membership. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or Membership or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or Membership or content therein.
- Governing Law and Jurisdiction - The Programs and Memberships are operated by the Provider within the Province of Nova Scotia, Canada. By accessing or using the Program or Membership, the Participant agrees that all matters relating to your access to, or use of the Program or Membership and contents therein shall be governed by the laws of the Province of Nova Scotia, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Nova Scotia, with respect to all matters relating to their access to and use of the Program or Membership.
- Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs and Memberships, including cancellations or refunds of your Program or Membership fees, please e-mail us at [email protected].
- Entire Agreement - This is the entire agreement between the Participant and the Provider relating to your access and use of the Program or Membership and the content therein.
Last Updated: September 23, 2019