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TERMS AND CONDITIONS: Welcome to Welearn. We hope you find it useful. By accessing our servers, websites, or content therefrom (together, "WL"), you agree to these Terms of Use ("TOU"), last updated July 01, 2016.
LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access WL in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from WL. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with WL, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI"), or contact learners for business or other purposes outside of the WL portal.
MODERATION. You agree we may moderate WL access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
SALES. You authorize us to charge your account for WL fees. Unless noted, fees are in Canadian dollars; tax is additional. To the extent permitted by law, WL fees are non-refundable, even for classes we remove, you are not satisfied with, or you failed to attend. We may refuse purchases, which may place a hold on your account.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED. To the extent permitted by law, (1) we make no promise as to WL, its completeness, accuracy, availability, timeliness, propriety, security or reliability; Nor do we guarantee the quality, competency, value, effectiveness, usefulness or validity of the educator(s) who provide classes on the WL site, or the content that the educator(s) post; (2) THE EDUCATORS TAKE FULL RESPONSIBILITY FOR THEIR CLASSES AND YOUR CLASS CONTENT, ANY LIABILITY STEMMING FROM A CLASS IS THE RESPONIBILITY OF THE EDUCATOR AND YOU RELEASE WL FROM ANY LIABILITY FOR EDUCATORS CONDUCT, CLASS CONTENT OR CLASS DELIVERY (3) your access and use of WL are at your own risk, and WL is provided "AS IS" and "AS AVAILABLE"; (4) we are not liable for any harm resulting from (a) learner content; (b) learner conduct, e.g. illegal conduct; (c) educator content; (d) educator conduct, e.g. illegal conduct; (e) your WL use; or (f) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("WL ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) WL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your WL use is governed by British Columbian ("BC") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by provincial or federal court in Sechelt, BC (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against WL Entities; (6) (except government agencies) to indemnify WL Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your WL use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. Users complying with prior written licenses may access WL thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.
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