THE
FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF CLICK4EASY.COM. YOUR VIEWING
OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND
THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"),
TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. CLICK 4 MAY MAKE FUTURE
CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE
AND YOUR SUBSEQUENT VIEWING OR USE OF CLICK4EASY.COM WILL CONSTITUTE YOUR AGREEMENT
TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS
PROVIDED THROUGHOUT CLICK4EASY.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS,
FEATURES, INFORMATION, AND APPLICATIONS AVAILABLE THROUGH CLICK4EASY.COM.
Section 1. Use.
CLICK4EASY.COM is provided solely for the use of current and potential CLICK
4 customers to interact with CLICK 4 and may not be used, reproduced, duplicated,
copied or sold by any other person or entity, or for any other purpose. The
use of automated dial-in, inquiry, or screen-scraping devices, programs, or
applications to obtain information through CLICK4EASY.COM is strictly prohibited.
Section 2. CLICK4EASY.COM Registration.
You may choose to register with CLICK4EASY.COM Registration to simplify Your
access to interactive features on CLICK4EASY.COM. CLICK4EASY.COM Registration
currently provides you with access to CLICK4TEACHING.COM®, CLICK4GOALS.COM® and
the advanced features of CLICK 4's eCenter® of Online Tools. In the future,
CLICK 4 may add other features which may be accessed through CLICK4EASY.COM
Registration. In such event, previously registered users will not be required
to re-subscribe at the CLICK4EASY.COM registration.
By registering with CLICK4EASY.COM Registration, You agree to provide accurate
and current information about yourself as prompted by the CLICK4EASY.COM Registration
form, maintain, and promptly update your profile information to keep it accurate
and current. If you provide any information that is inaccurate or not current
or CLICK 4 has a reasonable ground to suspect that such information is inaccurate
or not current, CLICK 4 has the right to suspend or terminate your CLICK4EASY.COM
Registration.
By registering at CLICK4EASY.COM Registration, You will be given a user ID
and password. You are responsible for maintaining the confidentiality of the
user ID and password, and You are responsible for all activities that occur
under Your user ID and password. You agree to immediately notify CLICK 4 of
any unauthorized use of your user ID and password.
Section 3. Changes to CLICK4EASY.COM.
CLICK4EASY.COM and its content, including without limitation the information,
graphics, products, features, functionality, services, and links (collectively
the "Content") may be changed, deleted or updated without notice.
Section 4. Term.
CLICK 4 may discontinue, suspend, or modify A CLICK4EASY.COM at any time without
notice, and CLICK 4 may block, terminate or suspend Your and any user's access
to CLICK4EASY.COM at any time for any reason in its sole discretion, even if
access continues to be allowed to others.
Section 5. Ownership.
Canada and international copyright, trademark and other laws protect CLICK4EASY.COM
and the Content. © 2006 C4 INNOVATIONS INC. All rights reserved. Specifically,
CLICK 4 does not convey to anyone, through allowing access to CLICK4EASY.COM,
any ownership rights in CLICK4EASY.COM or in any Content appearing on or made
available through CLICK4EASY.COM.
Section 6. Disclaimer of Warranty.
CLICK4EASY.COM AND ITS CONTENT ARE PROVIDED "AS IS". CLICK
4 AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT
AND YOUR ABILITY OR INABILITY TO USE CLICK4EASY.COM AND ITS CONTENT.
Section 7. Limitation of Liability.
USE OF CLICK4EASY.COM AND ITS CONTENT IS AT YOUR SOLE RISK. CLICK 4 WILL IN
NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY
THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE CLICK4EASY.COM
AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS,
DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED CLICK 4 OF
THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to defend, indemnify and hold harmless C4 INNOVATIONS
INC. and its respective officers, directors, employees and agents from any
and all claims, demands, causes of actions, liabilities, damages, costs and
expenses, including reasonable attorneys' fees, arising out of Your use or
viewing of CLICK4EASY.COM and its Content.
Section 9. Links to other Web sites.
There are links on CLICK4EASY.COM site, which allow you to visit the sites
of third parties. CLICK 4 control neither these sites nor the companies to
whom they belong. CLICK 4 makes no representations concerning the information
provided or made available on such sites nor the quality or acceptability of
the products or services offered by any persons or entities referenced in any
such sites. CLICK 4 has not tested and makes no representations regarding the
correctness, performance, or quality of any software found at any such sites.
You should research and assess the risks, which may be involved in accessing
and using any software on the Internet before using it.
Section 10. Privacy Policy.
You may access the CLICK 4 Privacy Policy governing the use of information
acquired from you through CLICK4EASY.COM.
Section 11. Export.
You assume all responsibility for compliance with all laws and regulations
of the Canada and any other country from which You may access CLICK4EASY.COM
regarding access, use, export, re-export and import of any Content appearing
on or available through CLICK4EASY.COM. You acknowledge and agree that you
will not export or import any Content to any country to which export or import
is restricted under Canada law, that you are not a national of any such country.
Section 12. Controlling Law, Venue, Severability, and Waiver.
This Agreement and Your use of CLICK4EASY.COM is governed by and construed
in accordance with the laws of the Canada and the Province of Ontario, excluding
its conflict of laws provisions. If for any reason, a court of competent jurisdiction
finds any provision of this Agreement, or a portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible. Any cause
of action with respect to CLICK4EASY.COM or this Agreement must be instituted
within one year after the claim or cause of action has risen or be barred and
must be brought in a court of competent jurisdiction within Mississauga, Ontario.
In no event will C4 INNOVATIONS INC. be liable for any special, incidental,
indirect or consequential damages (including, without limitation, damages for
loss of business profits, business interruption, loss of data, or any other
pecuniary loss). This Agreement may not be changed or modified without the
written consent of C4 INNOVATIONS INC. neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms and conditions.
The failure of CLICK 4 to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or provision. In any
dispute between CLICK 4 and you relating to this site, the prevailing party
will be entitled to attorneys' fees, costs, and expenses.
Questions regarding these Terms of Use should be directed to the CLICK 4 Webmaster