Terms & Conditions
Last Updated: September 27, 2013
Welcome to the Fraser Academy website, located at www.fraseracademy.ca (“Website”). Please read these terms and conditions carefully before using this Website.
This Website is offered to you by Fraser Academy Association (“Fraser Academy”, “we”, “us” or “our”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms”) without modification. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
Except to the extent otherwise set forth herein, these Terms do not provide you with a license to or any other rights to any program materials or services of Fraser Academy.
Fraser Academy reserves the right to change the Terms under which the Website is offered. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms. Your use of this Website after such changes have been posted will constitute your agreement to the modified Terms.
Ability to Enter into these Terms
In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of these Terms, and able to abide by and comply with these Terms. If you accept these Terms, you represent that you have the capacity to be bound by them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Fraser Academy of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
Some of the resources offered on the Website are only available to registered users, and by accessing such resources through your user account, you agree to keep all information (including without limitation personal information regarding Fraser Academy’s students, staff and families) contained within such resources confidential and not to disclose such information to any third party. Your right to access and use the Website and your user account is personal to you and is not transferable by you to any other person or entity. You are solely responsible for all activities that occur under your user account.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms.
Fraser Academy grants you a limited, revocable and non-exclusive license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fraser Academy. This license does not include any resale or commercial use of this Website or its contents. No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main page of the Website as long as the link does not portray Fraser Academy, its affiliates, or its students, staff, programs or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fraser Academy logo or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer or mobile device to us and you must use the Website for lawful purposes only. Certain features of the Website may allow you to forward material via email or social media to addressees, blogs and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to Fraser Academy that you have the consent of all recipients to send such communications.
If you submit, post or upload content through the Website, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Website, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Fraser Academy employee, or representative, or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libellous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial service or other organization.
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other content, and the design, selection and arrangement thereof), are owned by Fraser Academy, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Fraser Academy’s company name, the term “Fraser Academy”, the Fraser Academy logo and all related names, logos, product and service names, designs and slogans are trademarks of Fraser Academy or its affiliates or licensors. You must not use such marks without the prior written permission of Fraser Academy. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. All of the aforesaid rights are retained by Fraser Academy and its affiliates or licensors.
All documents, photographs, videos, remarks, feedback, suggestions, ideas, graphics, or other information communicated, transmitted, submitted or posted by you through or in connection with the Website (each a “Submission”), including without limitation through any photo, video or other media sharing or feedback gathering systems provided by Fraser Academy through the Website, will be licensed to Fraser Academy in accordance with and otherwise subject to these Terms. Any Submission you communicate, transmit, submit or post through or in connection with the Website will be considered non-confidential and non-proprietary, and Fraser Academy will not be liable for any ideas for its business (including without limitation, program development or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fraser Academy operations, programs, services, or materials. You hereby grant to Fraser Academy a perpetual, unlimited, irrevocable license to use, copy, distribute, modify and disclose to third parties each such Submission in connection with the provision of the Website to you and to other users, the provision of Fraser Academy’s educational programs and services, and for any other purposes that are expressly stated on the Website or implied by your submission of the Submission to Fraser Academy. All Submissions must comply with the content standards set out in these Terms. You represent and warrant that you own or control all rights in and to each such Submission and have sufficient rights and authority to grant to Fraser Academy the rights to each such Submission granted under these Terms. You represent and warrant that all of your Submissions do and will comply with these Terms, and you agree to defend, indemnify and hold harmless Fraser Academy and its affiliates and licensors for any breach of that representation and warranty.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Fraser Academy, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Fraser Academy, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Fraser Academy. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
Third-Party Links and Services
This Website may contain hyperlinks to or connect with websites and services (including without limitation website and services such as Google Apps, Google Sites, Google Drive, Facebook and Twitter) which are not maintained by Fraser Academy. Hyperlinks or connections to other websites are provided as a convenience. Use of the hyperlinks or connections and access to such websites and services are entirely at your own risk. Fraser Academy is not responsible for the contents of those websites and services and shall not be liable, directly or indirectly, for any damages or loss arising from access to those websites or services. These hyperlinks and connections do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or services or the activities of the people, organizations and/or businesses responsible for those websites or services. These Terms do not apply to other websites and services and we are not responsible for the practices of such websites and services, including without limitation any terms and conditions that the providers of such websites and services may impose with respect to the ownership and use of your proprietary content and materials.
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND CONTENT IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, PROGRAM AND SERVICES INFORMATION, NEWS, ARTICLES, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) FRASER ACADEMY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES AND CONDITIONS ON THE PART OF FRASER ACADEMY ARE EXPRESSLY DISCLAIMED; (C) FRASER ACADEMY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) FRASER ACADEMY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR INFORMATION IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Fraser Academy makes no representation that materials in the Website are appropriate or available for use in locations other than Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. Fraser Academy may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL FRASER ACADEMY OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FRASER ACADEMY (OR ITS AFFILIATE) HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.
YOU ALSO AGREE THAT FRASER ACADEMY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE FROM THE WEBSITE.
You agree to indemnify, defend, and hold harmless Fraser Academy and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.
These Terms and your use of this Website shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or the Website, provided always that Fraser Academy may seek and obtain injunctive relief in any jurisdiction.
The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Fraser Academy’s right to require strict observance of each of the terms herein. The terms and conditions of these Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. Fraser Academy may assign its rights and obligations under these Terms. These Terms will enure to the benefit of Fraser Academy’s successors, assigns and licensees.
All feedback, comments, requests for technical support and other communications relating to these Terms or the Website should be directed to: email@example.com.