TERMS OF USE

This Website Terms of Use is a unilateral contract with the User which comes into effect at such time as a User accepts its terms by entering and using the website. These Terms of Use are intended for use on a fully interactive website which includes an e-commerce component and which collects personal information for the purpose of carrying on its business. These Terms of Use also address the requirements of a website which allows for User created intellectual property to be posted and shared on the website and for other users to comment on posted content. These Terms also provide for inclusion of an advertising component as well as “hot links” to minted third party websites.

The primary purposes of such a policy are to:

(1)       set out the responsibilities of potential users of the site from a technical perspective, addressing in particular prohibited behaviour such as hacking, spam and other similar practices having for effect the impairment or disabling of functionality of the website;

(2)       set a minimum standard for the use and posting of materials including copyrighted materials;

(3)       disclose the role of the website owner/operator and disclaim liability for the actions of users of the website, including for invasion of privacy, infringement of intellectual property rights, damage or destruction to user computer equipment.

Acceptance

 By using any Everything Early Learning related software, or by using or visiting the everythingearlylearning.com website (collectively the “Website Service”), you agree to both these Terms and Conditions (“Terms of Use”) and the Terms and Conditions of the Everything Early Learning Privacy Policy and Disclosure, which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Everything Early Learning Website Service. These Terms of Use apply to all users of the Everything Early Learning Website Service, including users who are contributors of video content, information, and other materials or services on the Website.

Website Access

Everything Early Learning hereby grants you permission to use the Website Service in accordance with these Terms of Use, provided that:

  • your use of the Website Service is solely for your personal use:
  • you will not copy or distribute any part of the Website Service in any medium or manner inconsistent with these Terms of Use without Everything Early Learning’s prior written consent;
  • you will not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose; and
  • you will otherwise comply with these Terms of Use.

In order to access some features of the Website Service, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Everything Early Learning immediately of any breach of security or unauthorized use of your account. Although Everything Early Learning will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Everything Early Learning  or others due to such unauthorized use.

Everything Early Learning reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Everything Early Learning should the total amount of data transfer exceed an amount deemed excessive in Everything Early Learning’s sole discretion.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website Service in a manner that sends more request messages to the Everything Early Learning  servers in a given  period of time than a human can reasonably produce in the same  period by using a conventional on-line web browser. Notwithstanding the foregoing, Everything Early Learning  grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Everything Early Learning  reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names from the Website.

In order to post or publish User Submissions on the Website, you will be required to encode your media data by downloading and installing the Everything Early Learning  software. For these limited purposes only, you are hereby granted a revocable non-exclusive licence to use the Everything Early Learning  software for the sole purpose of encoding digital audiovisual material in order to create User submissions for the Website. Everything Early Learning  makes no warranty concerning the functionality of the Everything Early Learning  software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the Everything Early Learning  software. You hereby waive any legal or equitable rights or remedies you may have against Everything Early Learning  with respect to your use thereof.

Intellectual Property Rights

The content on the Everything Early Learning  Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Everything Early Learning, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Everything Early Learning  reserves all rights not expressly granted in and to the Website Service and the Content.  You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Everything Early Learning  Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Everything Early Learning  Website or the Content therein.

User Submissions

The Everything Early Learning  Website Service may permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. Everything Early Learning  may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared. Invited where there is an invitation to view and/or share and Public. You understand that whether or not such User Submissions are published and regardless of category. Everything Early Learning  does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that Everything Early Learning  may place advertising on the Website in conjunction with User Submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:

  • you own or have the necessary licenses, rights, consents, and permissions to  use  and authorize Everything Early Learning  to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use: and
  • you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use. You retain all of your ownership rights in your User Submissions. However by submitting the User Submissions to Everything Early Learning  for public use, you hereby grant Everything Early Learning  a worldwide, non-exclusive, royalty free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Everything Early Learning  Website Service and Everything Early Learning ‘s business, including without limitation for promotion and redistribution of part or all of the Everything Early Learning  Website Service (and derivative works thereof) in  any media formats and through any media channels. You also hereby grant each user of the Everything Early Learning  Website a non-exclusive license  to access your User Submissions, if submitted for public use, through the  Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website Service and under these Terms of Use.

For User Submissions you submit, you further agree that you will not:

  • submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Everything Early Learning  all of the license rights granted  herein:
  • publish falsehoods or misrepresentations that could damage Everything Early Learning  or any third party:
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements or solicitations of business:
  • impersonate another person.

Everything Early Learning  does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Everything Early Learning  expressly disclaims any and all liability in connection with User Submissions. Everything Early Learning  will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. Everything Early Learning  also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns pornography, obscene or defamatory material, or excessive length. Everything Early Learning  reserves the right to remove Content and User Submissions without prior notice and to terminate a User’s access to the Website Service, if such User is in violation of these Terms of Use.

Everything Early Learning reserves the right to discontinue any aspect of the Everything Early Learning  Website Service at any time.

You understand that when using the Everything Early Learning Website Service, you will be exposed to User Submissions from a variety of sources, and that Everything Early Learning is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Everything Early Learning  with respect thereto.

Third Party Websites

The Everything Early Learning Website may contain links to third party websites that are not owned or controlled by Everything Early Learning  and Everything Early Learning  assumes no responsibility for these third party websites. By using the Website, you expressly discharge Everything Early Learning from any and all liability arising from your use of any third-party website.

Warranty and Indemnity

You agree that your use of the Everything Early Learning Website Service is at your sole risk. Everything Early Learning makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. Everything Early Learning does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.

In no event shall Everything Early Learning , its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, Content or Everything Early Learning  software.

You agree to defend, indemnify and hold harmless Everything Early Learning , its officers, Directors, employees and agents, from and against any and all claims, damages, Obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

(i) your use of and access to the Everything Early Learning  Website Service;

(ii) your violation of any aspect of these Terms of Use:

(iii) your violation of my third party right, including without limitation any copyright, property, or privacy right; or

(iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Everything Early Learning Website Service.

Limitations

The Site and the Site Content is made available for Your personal informational purposes only. While Everything Early Learning has made reasonable efforts to ensure that all Site Content is accurate and up to date, Everything Early Learning does not guarantee that any Site Content is error free, complete, accurate, reliable or current.
You acknowledge and agree that this Site, Everything Early Learning and/or the Site Content does not purport to provide professional advice and nothing on the Site, in the Site Content or in these Terms and Conditions shall be taken, implied or construed as an offer to provide, or a provision of any specific course of action. Any information offered in relation to the use of Everything Early Learning products or services is general in nature and is provided for informational purposes only.

YOU AGREE THAT THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND IS FOR YOUR BUSINESS, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. EVERYTHING EARLY LEARNING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, OF ANY KIND OR NATURE AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY SITE CONTENT OR THE SITE OR ANY THIRD PARTY INFORMATION. EVERYTHING EARLY LEARNING IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE SITE OR ANY SITE CONTENT IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS OR THAT THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

General

You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.

You agree that the Everything Early Learning Website shall be deemed solely used in Ontario, Canada and that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the Everything Early Learning Website Service must be commenced within one (I) year after the cause of action accrues, or such cause of action is permanently barred.

DISCLOSURE

General

The information contained on this Site and the resources available for download through this Site are for educational purposes only.

No Guarantee

There are no guarantees in the resulting outcomes of the services or products offered on this Site. Everything Early Learning offers information and products to assist daycare providers, homeschool teachers, teachers, parents and alike to assist them with themed learning programs.  We want you to be fully aware at the outset that we cannot guarantee a similar outcome as prior results.  We may offer you our thoughts about the likelihood of you obtaining a similar successful result, but anything can happen.


Reviews and Endorsements

As part of our services from time to time we will provide reviews of products and referrals to other consultants, teachers and professionals. If at any time we receive a discount from a third party, we will disclose this on our Site. Further, we will continue to deliver honest reviews for all products and personnel; however, it is the Users responsibility to conduct their own due diligence on any service or product being endorsed.

Limitation of Liability

EVERYTHING EARLY LEARNING SHALL NOT BE LIABLE FOR AND SHALL BE HELD HARMLESS BY THE CUSTOMER/USER FROM ANY DAMAGE, LOSSES OR CLAIMS OF WHATEVER, INCLUDING, BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER CONSEQUENTIAL  OR  INCIDENTAL, DIRECT OR INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING LOSS OF PROFITS ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE SALE GOVERNED HEREBY OR  THE PARTS,  INCLUDING,  BUT  WITHOUT LIMITATION, THE  MANUFACTURE, REPAIR,  HANDLING, INSTALLATION, POSSESSION, USE OR OPERATION O OF THE PARTS AND ANY AND ALL CLAIMS, ACTIONS, SUITS, AND PROCEEDINGS  WHICH  MAY BE INSTITUTED IN RESPECT TO THE FOREGOING. THE MAXIMUM LIABILITY TO THE CUSTOMER/USER FOR PARTS SUPPLIED BY EVERYTHING EARLY LEARNING SHALL BE LIMITED TO THE PURCHASE PRICE THE CUSTOMER HAS PAID FOR THE PRODUCTS.  THIS APPLIES TO ALL SITUATIONS HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.