Fine Print

Learner Terms of Use Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) CAREFULLY BEFORE REGISTERING ON AND/OR ACCESSING THE D2L BRIGHTSPACE COMMUNITY LEARNING CENTER AND OTHER AREAS OR MATERIALS ON THIS SITE.

BY REGISTERING, ENROLLING, LOGGING IN AND/OR USING THE BRIGHTSPACE COMMUNITY LEARNING CENTER PROVIDED ON THIS SITE, (THE “SITE”), WHICH INCLUDES ANY SERVICES, IMAGES, TEXT, CODE, LAYOUTS, DISPLAYS OR OTHER CONTENT IN ANY FORM INCLUDING AUDIO OR VIDEO, OR OTHER DATA INCLUDING THIRD PARTY MATERIALS, ALL AS MAY BE MODIFIED FROM TIME TO TIME (COLLECTIVELY, “MATERIALS”) AT THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST EXIT THE SITE NOW. IF YOU HAVE ANY ISSUES OF ANY KIND WITH THIS SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

1. Parties; Terms of Use.
D2L Corporation and its affiliates (collectively, “us” or “we”) are providing the Site to you, subject to your compliance with all the terms, conditions, and notices contained or referenced herein, as well as with any other agreement between us and you. In addition, when using Materials on this Site, you shall be subject to any additional rules applicable to such Materials that may contain terms and conditions in addition to those in these Terms of Use. All such rules are hereby incorporated by reference into these Terms of Use.

By registering or participating in services or functions on the Site, you affirm that you are at least the age of majority in your jurisdiction of residence.

We expressly reserve the right to change these Terms of Use from time to time without notice to you, and it is your responsibility to review this Site and these Terms of Use periodically to familiarize yourself with any modifications. Your continued use of this Site after any modifications will constitute agreement with the Terms of Use as modified.

2. Materials and Access to Site.
This Site contains Materials including online education services, course content, and related services. We have the sole right to modify or discontinue the Site and its Materials at any time with notice to you. We are not liable to you or any third party if we exercise this right. You are solely responsible for obtaining, at your own expense, all equipment necessary to access and use the Site, and for paying all internet access, course registration and other fees. We reserve the right to cap or limit enrolment, and to change the date or time of scheduled sessions.

3. User Data and Privacy
To access the Materials on this Site, you are required to create and use your unique account and password as prompted when completing our online registration form, which requests certain information and data (“Data”), and maintaining and updating your Data as required. You agree that all information you provide as Data (i) is your own personal information; and (ii) is true and accurate, and that you will maintain and update this Data as needed in order to keep it current, complete, and accurate at all times.

The information we obtain through your use of this Site, including your Data, is subject to our Privacy Statement which is incorporated by reference into these Terms of Use. By using the Site, you also grant us the right to disclose your Data to third parties. We may use the Data (i) in aggregate form for certain business purposes; e.g. to create other materials and services by performing statistical analyses of the collective characteristics and behavior of all users, and/or by measuring demographics and interests regarding specific areas of the Site; and (ii) to contact you if you have opted into receiving different forms of email communications.

If your employer or institution has paid for your participation in any courses or other activities offered on the Site, you agree to allow D2L to share details of your progress and/or results with them.

4. Conduct
Your use of the Site is subject to all applicable laws and regulations, as well as the D2L Community Terms of Use. By using the Site to communicate and/or by posting information on the Site or by using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, download, use, share, post, or otherwise disclose, distribute or facilitate distribution of anything in any form that:

  • contemplates illegal activities or encourages others to commit such activities;
  • libels, defames, victimizes, harasses or threatens others;
  • infringes another party’s copyrights, moral rights, patents, trademarks or trade secrets;
  • contains obscene (e.g., pornographic) language or images;
  • constitutes or contains advertising, spam, promotional materials, any form of commercial solicitation or chain letters;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, disable, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party or otherwise harms other users of the Site; or
  • is otherwise unlawful or that violates any applicable local, state, national or international law.

We do not assume any liability of any kind for content uploaded or submitted by you or by third party users of the Site (“User Materials”). In general, we do not screen, monitor, approve of or edit User Materials. However, we have the unilateral right to remove any User Materials that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for this Site, or is otherwise harmful, objectionable, or inaccurate, though we are not responsible for any failure or delay in removing such User Materials. You hereby waive any claim against us arising out of such removal of User Materials.

If you upload or make available User Materials, you represent and warrant that (i) you have the necessary rights to provide the User Materials and permit us to use such User Materials; and (ii) the User Materials will not infringe or misappropriate infringes another party’s copyrights, moral rights, patents, trademarks or trade secrets. You are and shall remain responsible to pay any fees arising from the User Materials you upload or make available.

You agree not to (i) misrepresent your identity or impersonate any person; (ii) copy, record, sell, resell or exploit any part of the Site or the Materials; (iii) use our names, logos or other intellectual property in connection with unsolicited communications; or (iv) use any automated or electronic means (such as robots, spiders, scripts or web-scrapers) to access the Site; or (v) use any means (such as framing or pop-ups) to affect how the Site is displayed; or (vi) interfere in any way with anyone else’s use and enjoyment of the Site. Also, you must not breach security of another account or attempt to gain unauthorized access to another network or server, or to an area of the Site that may be unavailable to you.

Users who violate this Section of these Terms of Use may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate or suspend your membership, account, or other affiliation with our Site without prior notice to you if we have reason to believe that you have violated or may attempt to violate these Terms of Use. In addition, you acknowledge that we will cooperate fully with investigations of systems or network security violations, including law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information
This Site may contain (i) links to other sites on the Internet; or (ii) content, data, documents, software, materials and/or services provided by other parties (collectively, “Third Party Materials”) that may offend some people. These Third Party Materials are not under our control and we are not responsible for the Third Party Materials in any way, nor are we claiming or implying any endorsement of, or association with, the Third Party Materials or their creators.

All payments on the Site are processed by our third party service providers who collect your credit card information directly, and we will not have access to or see your credit card information as part of such transaction.

6. Intellectual Property Information
All Materials presented to you on this Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and are the sole property of us and third parties, as applicable. You are only permitted to use the Materials as expressly authorized by us or the specific Materials provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written agreement from us or the specific content provider.

All trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or name of D2L or any other party.

7. Use of Materials; Notification of Infringement
Subject to our Privacy Statement (http://www.d2l.com/legal/privacy/) any communication or material that you transmit to this Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. This includes your suggestions, ideas and input (collectively, “Feedback”) about the Site and the Materials, and you agree that we will own the Feedback without any restrictions. While you retain the rights in such communications or material, you grant us a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

You may not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

D2L respects the intellectual property of others, and we ask our users do the same.  We respond expeditiously to clear notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act or the laws of another jurisdiction.

If you believe your copyrights are being violated and want to notify us, you can find information about submitting notices and D2L’s policy about responding to notices in our Notice and Takedown Procedure

8. Disclaimer of Warranties
THIS SITE AND ALL MATERIALS ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR ACCESS TO IT WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ERROR-FREE, ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES OR DEFECTS.

WE MAY MAKE CHANGES TO THE THIS SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY CONTAIN CONTENT POSTED BY OTHER USERS, AND WE MAKE NO COMMITMENT TO MONITOR SUCH CONTENT. THE USE OF SUCH MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY (INCLUDING PAYMENT SITES) IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

MATERIALS AVAILABLE ON THIS SITE MAY CONTAIN OPINIONS AND JUDGMENTS. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED COURSE PROVIDER SPOKESPERSON SPEAKING IN HIS OR HER OFFICIAL CAPACITY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. IN NO EVENT SHALL OUR LIABILITY TO YOU OR TO ANY THIRD PARTY EXCEED THE GREATER OF (I) TWENTY DOLLARS (US$20.); OR (II) THE AMOUNT YOU PAID TO US FOR YOUR USE OF THE SITE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM. YOU AGREE THAT THE FOREGOING LIMITATION IS A NECESSARY REQUIREMENT FOR US TO BE ABLE TO MAKE THE SITE AVAILABLE TO YOU.

IN ADDITION, WE ARE NOT LIABLE IN ANY WAY FOR THIRD PARTY MATERIALS OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification
You shall defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your acts, omissions, use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Password; Security
You alone are responsible for maintaining the confidentiality of your password and account and for any and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you transfer or share your account.

We take reasonable measures to protect the security, confidentiality and integrity of the Data you upload. We have security measures in place to protect the loss, misuse, and alteration of the Data under our control. Unfortunately, there is no such thing as perfect security. Although we strive to protect all Data including personal information, we cannot ensure or guarantee the security of any Data transmitted to us through or in connection with the Site.

12. Participation in Promotions
From time to time, this Site and/or other links available at this Site may include references to third parties. Any correspondence with such third parties are solely between you and the third party(ies). We assume no liability, obligation or responsibility for any part of any such correspondence.

13. E-mail, Messaging, Blogging, and Chat
We may make email, messaging, blogging, or chat functionalities (collectively, “Communications”) available to users of the Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in situations provided under the Electronic Communications Privacy Act or other relevant laws, or as other required by law or by court or governmental order. Further information is available in our Privacy Statement (http://www.d2l.com/legal/privacy/)

We may employ automated monitoring devices or techniques to protect our systems and users from mass unsolicited communications (also known as “spam”) and/or other types of communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

14. International Use
Although this Site may be accessible worldwide, we do not represent that materials on this Site are appropriate or available for use in your jurisdiction, and accessing them from territories where their contents are illegal may be prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

15. Termination; Cancellation; Refund; Suspension of Your Account
We may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including breach or potential breach of these Terms of Use.

D2L reserves the right to cancel registration or course sessions due to low enrolment. In such case, you may transfer to a future offering of the same course or, if no future offering is available, request a refund. Refunds will be credited back to the original credit card of payment or other agreed upon method.

You may also cancel your registration under the following condition: Registrations cancelled with five (5) or more business days prior to the start of the course qualify for full refund. Registrations cancelled with fewer than five (5) business days to the start of the course are not refundable. Cancellation notices must be made in writing and with complete information including: the name of participant, the name of the registered course, and the start date of the registered course. Refunds will be credited back to the original credit card of payment or other agreed upon method.

Requests to transfer registration to another person may be made with no fee or penalty up to two (2) business days before the start of the course. Transfer requests made with fewer than two (2) business days cannot be accommodated. Transfer requests must be made in writing and with complete information including: the name of participant, the name of the registered course, and the start date of the registered course.

Except as expressly set out above, refunds will not be issued for any other reason, including non-attendance.

Upon termination or suspension, regardless of the reasons, your right to use this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

16. Governing Law
This Site (excluding any linked sites) is controlled by us . It can be accessed globally. As laws in the jurisdiction where the Site is accessed may differ from those where the content is being provided or hosted, by accessing this Site, we both agree that the statutes and laws of the relevant jurisdiction below will apply, without regard to the conflicts of laws principles thereof:

If you are located in: The law governing this Agreement
is:
The courts having exclusive
jurisdiction over this Agreement are located in:
Canada, Mexico, Central
America and South America (excluding Brazil)
The laws of the province of
Ontario and the relevant Canadian federal laws
Toronto, Ontario, Canada
The United States The laws of the State of
Maryland and the relevant United States federal laws
Baltimore, Maryland, U.S.A.
Europe, Africa and the
Middle East
The laws of England and
Wales
London, England
Australia, New Zealand,
Oceania, China, India and the rest of Asia (excluding Singapore)
The laws of the State of
New South Wales, Australia
Sydney, New South Wales,
Australia
Singapore The laws of Singapore Singapore
Brazil The laws of Brazil São Paolo, state of São Paolo, Brazil

17. Miscellaneous
You shall not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

You shall not sell, resell, reproduce, use for any commercial purposes, duplicate or copy any portion of this Site, or use of or access to this Site. In addition to any excuse provided by applicable law, we shall be excused from non-performance or delay in delivery of the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. Notices and Contact Information
All notices to a party shall be in writing and shall be made either via email, mail or courier. Notices to us must be sent to the contact details below. Notices to you may be sent to the address supplied by you as part of your Data. In addition, we may post notices on the Site to inform you of changes to the Site or other matters, and such publications shall constitute notice to you at the time of posting.

Contact: D2L Legal Department
Address: 151 Charles Street W., Suite 400, Kitchener, ON N2G 1H6
Phone: 519-772-0325
Email: Legal@D2L.com

19. Entire Agreement
These Terms of Use (including any rules, policies and other documents incorporated by reference) constitute the entire agreement and understanding between us concerning the subject matter of these Terms of Use. You may not alter, supplement or amend these Terms of Use in any way. Any attempt to alter, supplement or amend this document shall be null and void.