THE WEBSITE IS PROVIDED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY, AND THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NONE OF THE INFORMATION PROVIDED IS OFFERED OR INTENDED AS ADVICE, DIAGNOSIS OR TREATMENT. YOU MUST SEEK THE ASSISTANCE OF A QUALIFIED PROFESSIONAL REGARDING ANY PERSONAL PROBLEMS OR CONDITIONS.
THE PHOENIX CENTRE USES ALL REASONABLE EFFORTS TO PROVIDE INFORMATION AND CONTENT THAT ARE CORRECT, ACCURATE, AND CURRENT, AND TO MAINTAIN THE WEBSITE IN PROPER WORKING ORDER, BUT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR COVENANT (I) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) THAT DEFECTS OR ERRORS IN THE WEBSITE, WHETHER HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; (III) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE WEBSITE WILL BE FREE FROM OBJECTIONABLE CONTENT POSTED BY INDIVIDUAL ACCOUNT HOLDERS; OR (V) THAT THE INFORMATION AND CONTENT OF THE WEBSITE ARE COMPLETE, ACCURATE AND RELIABLE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND LIABILITY. IN NO EVENT WILL THE PHOENIX CENTRE BE LIABLE FOR ANY LOSS, LIABILITY OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL) OF ANY KIND, SUFFERED BY YOU OR A THIRD PARTY, ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE MATERIALS ON THE WEBSITE.
Copyright and Trademarks
The materials on the Website are the property of The Phoenix Centre or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licence granted to you if you register for an E-learning Course, The Phoenix Centre and its licensors expressly reserve all rights and licences to the material and content on this Website. Nothing contained on the Website should be construed as giving you any licence or right to use any trademark displayed on the Website. You may save, print and display the information you obtain through this Website for your own personal, non-commercial use, but you may not reproduce or modify the materials, or distribute copies of the materials by any means, with the prior consent of The Phoenix Centre. You are free to encourage others to access the Website themselves.
Submissions to the Website
Content of Submissions
The Website provides features which allow you to post messages and content to designated areas such as the Parent Q and A Forum and the Birth Clubs. These areas allow you to interact with other parents, Parent Educators and Experts and also to upload files, images, documents, or other materials (“Submissions”).
You will not make a Submission that:
- intentionally or unintentionally violates any applicable local, provincial, state, national or international laws
- is indecent, obscene, pornographic, or vulgar, or contains nudity or gratuitous violence
- is harmful, abusive, threatening, bullying, intimidating, harassing, discriminatory, hateful, or racially, ethnically or otherwise objectionable
- is untrue, defamatory or malicious
- harms children in any way
- infringes the rights of others including privacy, publicity or copyright, or impersonates any other person,
- advertises or solicits business, or is unlawful multi-level marketing.
The Phoenix Centre does not pre-approve, control, endorse, or guarantee the lawfulness, accuracy, or quality of the content of any Submissions and has no obligation to monitor the Submissions. The Phoenix Centre is therefore not responsible for any damage that may result from a Submission. However, The Phoenix Centre reserves the right at all times to edit, refuse to post or delete any Submission, in whole or in part, that, in The Phoenix Centre’s sole opinion, violates the terms and conditions of this Agreement. You may notify the Phoenix Centre of any objectionable Submission content at firstname.lastname@example.org. The Phoenix Centre will disclose to law enforcement agencies and to third parties making requests under applicable law any information necessary to satisfy any law or regulation, including disclosing the identity of anyone posting unlawful or objectionable Submissions.
You are legally responsible for any Submission that you post, as well as for any and all other activities which occur under your account.
License regarding Submissions
By posting or uploading Submissions to the Website, you consent to the disclosure and display of such Submissions and their content and any other information which is associated with such Submissions. You grant to the Phoenix Centre a royalty-free perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions and any copyright or trademark associated with such Submissions for any lawful purpose. As well you waive all moral rights in your Submissions in favour of The Phoenix Centre. You acknowledge and agree that The Phoenix Centre is not responsible for any loss or corruption of, or damage to, your Submissions.
Linking to Other Websites
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement of those websites by The Phoenix Centre. The Phoenix Centre is not responsible for the content and materials found on third-party websites, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, suitability or freedom from objectionable material of any content on the third-party website, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of the third-party website’s content or software, or of goods or services located at or made available through the third party website, (iii) any representation, warranty or covenant that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third party website will be corrected, or that such third-party website will be free from viruses or other harmful components.
The Phoenix Centre encourages linking from other websites to the Website however reserves the right to prohibit or refuse to accept or to delete any link. The Phoenix Centre does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful, indecent or objectionable content or information of any kind, violates any local, provincial, state, national, or international law or regulations; posts or transmits any material or information of any kind which violates or infringes the rights of others. You agree to remove any link you may have to the Website upon the request of The Phoenix Centre.
You hereby agree to indemnify and hold harmless The Phoenix Centre from and against any loss, liability, damage or expense of whatever nature that the Phoenix Centre or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use or misuse of the Website.
The Phoenix Centre has the right to terminate your password and account immediately if you have violated any of the terms and conditions of this Agreement.
The Website is operated by The Phoenix Centre from its offices within the Province of Ontario, Canada.
You agree that all matters relating to your access to, or use of the Website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles.
You agree that any dispute or claim arising out of your access to and use of the Website will be settled by arbitration by a single arbitrator, at Toronto, Ontario.
Entire Agreement and Waiver
These terms and conditions constitute the sole agreement between you and the Phoenix Centre in relation to your use of the Website. Neither you nor The Phoenix Centre will be bound by any express or implied representation, warranty, or promise not recorded in this Agreement. This Agreement supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between you and the Phoenix Centre with respect to your use of the Website. No failure or delay on the part of you or the Phoenix Centre to exercise any right or remedy under this Agreement shall be construed or operate as a waiver of any terms or conditions of the Agreement.
In the event that any term or condition of this Agreement shall be held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the entire Agreement shall not fail on that account, and the remainder of the Agreement shall continue in full force and effect.
This is a legal contract that will bind you and The Phoenix Centre as soon as you click on the “Agree” button in the program sign-up process.