1. Introduction
This website is operated by MErai. The terms “we”, “us”, and “our” refer to
MErai. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or make a post on our website.
2. Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
Prohibited User Content includes, but is not limited to, material that MErai determines is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website; posts information that poses or creates a privacy or security risk to any person; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; supports or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses; involves commercial activities and/or sales without prior written consent from MErai such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
3. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
4. User Content and Activities
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material (“User Content”) to MErai, any MErai employee or contractor, or MErai website users, you grant MErai and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by MErai, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with MErai. You agree that MErai may use your name and profile picture in connection with social ads to acknowledge your contribution, show recognition and or advertise products and services based on your use of the Services and your interactions with MErai and third parties through the services.
You further agree that MErai is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you, the user. You authorize MErai to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
MErai is not required to host, display, or distribute, and may remove at any time, any User Content. MErai reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
Except as otherwise described in the posted Privacy Policy or other agreement on the Services presented at the time you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with MErai is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place MErai in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of MErai.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
You agree that MErai has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, MErai will not have any obligation to you with regard to User Content and that MErai may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This “User Content and Activities” section shall survive any expiration or termination of your relationship with MErai.
5. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for
convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
6. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with
respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary rights. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
7. Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
8. Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based
on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, the MErai websites and services are provided on an “as is,” “as available,” and “with all faults” basis and without warranties of any kind, either express or implied.
To the fullest extent permitted by applicable law, the MErai parties specifically do not warrant that the services will be error-free, that defects will be corrected, or that the services or the server, network or other software and equipment that makes them available are free of viruses or other harmful components. To the fullest extent permitted by applicable law, MErai does not make any representations or warranties regarding the content of its products, websites or services, or regarding the results of the use of the services in terms of their completeness, correctness, accuracy, reliability, usefulness or otherwise, unless specifically set out on the services. You acknowledge that your use of the services is at your sole risk. To the fullest extent permitted by applicable law, the MErai parties do not warrant that your use of the services is lawful in any particular jurisdiction, and MErai parties specifically disclaim such warranties. by accessing or using the services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the services.
MErai is not responsible for the user content, accuracy or opinions expressed in user content posted or provided by third-parties on the services or linked services, and such services are not necessarily investigated, monitored or checked for accuracy or completeness by MErai. Inclusion of any linked website or feature on the services does not imply approval or endorsement of the linked website or feature by MErai. Posts and linked services created and posted by users on, though or in connection with the services may contain links to other websites or services. MErai takes no responsibility for third-party advertisements or linked services that are posted on, through or in connection with the services or linked services, nor does it take any responsibility for the goods or services provided by these third-parties. this “disclaimers” section shall survive any expiration or termination of your relationship with MErai.
Limitations of Liability: Waiver
In no event shall MErai be held accountable for the performance of the user. The site is created to provide additional learning material and is not expected to replace in school and instructor-led teachings. In no event shall the MErai parties be liable for any indirect, economic, special, incidental or consequential losses or damages related to: (a) the services; (b) the MErai content; (c) user content; (d) your use of, inability to use, or the performance of the site; (e) action taken in connection with an investigation by the MErai parties or law enforcement authorities regarding your use of the site; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the services’ technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if MErai has been advised of or should have known of the possibility of such damages.
10. Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any
third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
11. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
12. Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
13. Headings
Any headings and titles herein are for convenience only.
14. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
15. Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Brampton.
16. Questions or Concerns
Please send all questions, comments and feedback to us at OnlineSupport@classofmerai.com.
