Your access to this website, www.learningbudds.com (the “Site”) is brought to you by Learning Budds Inc., its subsidiaries and affiliates (collectively “Budds”). Your access and use of this site and its content are subject to these legally binding terms and conditions.
You use the Site at your own risk. It is your responsibility to ensure that any Services or information available through this Site meet your specific purposes.
Budds provides a platform for the general public, professionals, governmental and private sector corporations to deliver and/or receive in-person as well as online training courses. Independent instructors (the “Instructors”, collectively with Students, the “Users”) provide live and recorded instruction, tutoring, and learning services (the “Courses”) via this Site and other Budds platforms for delivery of training, including through in person training. Budds’ services include, without limitation, facilitating and hosting training, disseminating knowledge and providing a marketplace for tailored learning programs. In that way, Budds’ intended website users are either instructors or learners. Being a marketplace, Budds does not hire or employ Instructors.
“User Content” means Content that site users submit or transmit to this Site.
“Budds Content” means Content that Budds creates and publishes in connection with the Site. Budds Content includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content. Budds Content also includes all data or information that you deliver, upload or transmit to, or in connection with the Site, including but not limited to, ratings, reviews, comments, posts and any profile information that you elect to make public on the Site. All Budds Content of the Site is owned, controlled or licensed by or to Budds, is protected by trade, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
“Third Party Content” means Content that originates from parties outside Budds or its users, which is made available through the Site.
“Site Content” means all of the Content that is made available in connection with the Site, including your Content, user Content, Third Party Content, and Budds Content.
You can use information purposely made available by Budds for downloading from the Site, provided that you:
1. do not remove any proprietary notice such documents may contain;
2. use such information only for your personal and non-commercial purposes;
3. do not copy or post such information on any networked computer or broadcast it in any media;
4. make no modifications to any such information; and
5. do not make any additional representations or warranties relating to such documents.
USE OF SITE
You may be required to create a user account
In order to use part or all of our Services, you may need to create a profile and register on our Site. You agree to provide accurate information about yourself while using the Site. You are responsible for the confidentiality of your user account password. Should the privacy of the account credentials is breached, you agree to let us know immediately of such breach. You acknowledge that you are liable for any activities that occur in relation to any of your Budds website account.
We reserve the right to close your account at any time for any or no reason.
Creating a user account with Budds will signify your acknowledgement that you agree to receive certain communications from the Site. By way of example, you will receive notifications on the status of any comments or questions you may have posed to trainers, the Site or other users of the Site and confirmation of account creation. You can also subscribe to emails pertaining to any training or services offered by the Site, Budds’ promotional programs, as well as Budds’ general e-mail newsletters as well as program specific communications. You can opt-out of non-essential communications at anytime.
Permission to use the Site
You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult.
By using this Site you further acknowledge that you will not:
• pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• infringe the intellectual property rights of a third party;
• use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content including our course materials, or any process, whether automated or manual, to capture data or content from any of our users, Content or Services for any reason, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
• attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Budds server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means;
• use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
• collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder;
• engage in keyword spamming of reviews or profile text, or otherwise attempt to manipulate any Site’s search results, write fake or defamatory Content or trade reviews with other businesses;
• upload, post or otherwise disseminate any content that: (i)infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; (v) promotes or encourages illegal, fraudulent or inappropriate activities; and/or (vi) promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site Content (other than your reviews), except as expressly authorized by Budds;
• remove or modify any watermark, copyright, trademark or other proprietary rights notice that appears on any image, banner, frame, content or portion of the Site or to retrieve or index any portion of the Site;
• delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters;
• use the Site to give other users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
• take any action that will or may cause an unreasonably large load on Budds’ technology infrastructure or otherwise make excessive traffic demands of the Site;
• bully, intimidate, harass, put undue pressure, initiate a legal action, threaten a legal action against any user of the Site;
• use the Site in any manner that could interfere with any other user’s use and enjoyment of the Site; and
The Site May Not be Error Free or Always Available
You acknowledge that the Site may not always be error free. Your access to the Site may be interrupted and the Site may be unavailable from time to time for routine or non-routine maintenance, updates and other reasons. Budds may update, delete, disable, modify functionalities or otherwise discontinue the Site, at its sole and final discretion.
You Must Comply with the Law while using the Site
You must comply with any and all local, provincial, federal or international laws regarding your use of our Site. If you are using the Site from a location outside Canada, you must comply with the laws of that Country or legal jurisdiction. Budds reserves the right (but not the obligation) to remove and/or edit any content you or other user posts on the Site. Budds has the right (but not the obligation) to monitor and edit or remove any activity; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Site.
Links to Third-Party Sites
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Disclosure of Your Information
Your Responsibility for your Content
You are responsible for your Content. You assume any risk associated with your Content, including another user’s reliance on its accuracy or reliability, or any information in your Content that may make you identifiable.
You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Budds with respect to Your Content and that Budds shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Content as authorized in these Terms.
We reserve the right to remove, screen, edit, or reinstate any Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
Our Right to use Your Content
We may use your Content in many different ways. This includes publicly displaying it, reformatting it, distributing it, and allowing others to do the same on their own websites and media platforms. You hereby irrevocably grant us royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license rights to use your Content for any purpose, and you hereby represent and warrant to Budds that you have all the rights, licenses, authorizations necessary to grant such license, thereby irrevocably granting the users of the Site and any third party publicly accessing the Site, right to access your Content in connection with their use of the Site and any service thereon.
You irrevocably waive, and cause to be waived, against Budds and its users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your Content.
Trade-marks – The trade-marks, logos and company names of Budds or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of Budds or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
Budds makes no promise that the Site or its Content will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered ‘As-Is’ and ‘As Available’ basis. All information available on the site may change at any time. Budds cannot ensure thag any files or other data you download from the Site will be free from viruses or contamination or destructive features.
Budds disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Budds disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and any services offered by Budds by way of this Site.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Budds be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Budds has been advised of the possibility of such damages.
In the event of any controversy or dispute between Budds and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Law and Forum for Legal Disputes
This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the province of Ontario, and waive any objection to such jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) totalling an amount of less than CA$25,000, the party requesting relief will elect to resolve the dispute through binding non-appearance-based arbitration. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties. The following rules shall be complied with by the ADR provider and the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions. The initiating party shall choose the specific manner by which the arbitration will be conducted; (b) the arbitration shall not involve any personal appearances by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You hereby indemnify, defend and hold harmless Budds, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this section, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
Budds will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Relationship – You and Budds are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
The information contained in this Site is subject to change without notice.
Updated by Budds on [INSERT UPDATE DATE]
[BUDDS’ BUSINESS ADDRESS]