8.
GUIDELINES FOR REVIEWS
We may provide you
areas on
the Services to leave reviews or ratings. When posting a review, you must comply with the
following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2)
your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful
language;
(3) your reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4) your reviews should
not
contain references to illegal activity; (5) you should not be affiliated with competitors if
posting
negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you
may
not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post
reviews, whether positive or negative.
We may accept,
reject,
or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews
or
to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are
not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you hereby grant to
us a
perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable
right and license
to reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
9.
MOBILE APPLICATION LICENSE
Use License
If you access the
Services
via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or controlled by you, and to access
and
use the App on such devices strictly in accordance with the terms and conditions of this mobile
application license
contained in these Legal Terms. You shall not: (1) except as permitted by applicable law,
decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2)
make
any modification, adaptation, improvement, enhancement, translation, or derivative work from the
App; (3) violate any applicable laws, rules, or regulations in connection with your access or
use of
the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright
or
trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating
endeavor,
commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App
available
over a network or other environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the App to send
automated queries to any website or to send any unsolicited commercial email; or (9) use any
proprietary information or any of our interfaces or our other intellectual property in the
design,
development, manufacture, licensing, or distribution of any applications, accessories, or
devices
for use with the App.
Apple and
Android
Devices
The following terms
apply
when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor"
)
to access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App Distributor's
terms of service; (2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile application license
contained in
these Legal Terms or as otherwise required under applicable law, and you acknowledge that each
App
Distributor has no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance
with
its terms and policies, may refund the purchase price, if any, paid for the App, and to the
maximum
extent permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located
in a
country that is subject to a US government embargo, or that has been designated by the US
government
as a "terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable
third-party
terms of agreement when using the App, e.g., if you have a VoIP application, then you must not
be
in violation of their wireless data service agreement when using the App; and (6) you
acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms and conditions in
this mobile application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right) to enforce the
terms
and conditions in this mobile application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
10.
SOCIAL
MEDIA
As part
of
the functionality of the Services, you may link your account with online
accounts
you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to
access your Third-Party Account, as
is
permitted under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent
and
warrant that you are entitled to disclose your Third-Party Account login information
to us
and/or grant us access to your Third-Party Account, without breach by
you
of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without
obligating
us to pay any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us
access
to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if applicable) any
content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend
lists
and (2) we may submit to and receive from your Third-Party Account additional
information
to the extent you are notified when you link your account with the Third-Party Account. Depending on the
Third-Party Accounts you choose and
subject
to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on
and through your account on the Services. Please note that if a Third-Party Account or associated
service
becomes unavailable or our access to such Third-Party Account is terminated by
the
third-party service provider, then Social Network Content may no longer be
available
on and through the Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party Accounts at any time.
PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or
non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated with
a
Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the
Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us
using
the contact information below or through your account settings (if applicable).
We
will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account,
except
the username and profile picture that become associated with your
account.
11.
ADVERTISERS
We allow advertisers to
display their advertisements and other information in certain areas of the Services, such as
sidebar
advertisements or banner advertisements. We simply provide the space to place such
advertisements,
and we have no other relationship with advertisers.
12.
SERVICES
MANAGEMENT
We reserve the right, but
not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate
legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable
(to
the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our
sole
discretion and without limitation, notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our
systems;
and (5) otherwise manage the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
13.
PRIVACY
POLICY
We care about data
privacy
and security. Please review our Privacy Policy:
https://micollege.io/privacy.html
. By using
the Services, you agree to be bound by our Privacy Policy, which is incorporated into these
Legal
Terms. Please be advised the Services are hosted in
Canada
and United States
. If you access the Services from any other region
of
the world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
Canada
and United States
, then through your continued use of the Services,
you
are transferring your data to
Canada
and United States
, and you expressly consent to have your data
transferred to and processed in
Canada
and United States
.
14.
TERM
AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION
OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend
your account for any reason, you are prohibited from registering and creating a new account
under
your name, a fake or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal,
and
injunctive redress.
15.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our
Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems
or
need to perform maintenance related to the Services, resulting in interruptions, delays, or
errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no
liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms
will be
construed to obligate us to maintain and support the Services or to supply any corrections,
updates,
or releases in connection therewith.
16.
GOVERNING
LAW
These Legal Terms shall
be
governed by and defined following the laws of
Canada
. MiCollege and yourself irrevocably consent that the courts
of
Canada
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with
these Legal Terms.
17.
DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either
you or
us (individually, a "Party" and collectively, the "Parties"
), the Parties agree to first attempt to negotiate
any
Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any
dispute
arising out of or in connection with these Legal Terms, including any question regarding its
existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it, is considered as the
part of
this clause. The number of arbitrators shall be three (3). The seat, or
legal place, or arbitration shall be
Toronto,
Canada
. The language of the proceedings shall be English. The governing
law
of these Legal Terms shall be substantive law of
Canada
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the
full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject to
the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a
Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use;
and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
18.
CORRECTIONS
There
may
be information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to correct
any
errors, inaccuracies, or omissions and to change or update the information on the Services at any
time,
without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
20.
LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys' fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties
set
forth in these Legal Terms; (5) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are
required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use
reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
22.
USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction
which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
24.
CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25.
MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of
these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate
to
the fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or
failure to
act caused by any cause beyond our reasonable control. If any provision or part of a provision
of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part
of
the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment
or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26.
CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
185 Bonis Ave
Scarborough
, Ontario
M1T 0A4
Canada
Phone: 6479942331
support@micollege.io