"Only as high as I reach can I grow,
only as far as I seek can I go,
only as deep as I look can I see,
as much as I dream can I be."

KAREN RAVN

T.E.Academy Web Site Terms of Use

Last Updated: August 23, 2010

1. Acceptance of Web Site Terms of Use

1.1 YOU MUST CAREFULLY READ AND AGREE TO THESE TERMS OF USE ("Terms") BEFORE USING THIS WEB SITE (the "Site"). T.E.Academy makes the use of the Site available to you on the condition that you agree to these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, ANY USE OR ACCESS TO THIS SITE IS ENTIRELY AT YOUR OWN RISK. These Terms are entered into between T.E.Academy and you and the entity you are authorized to represent ("you"), and you accept them by using the Site in any manner. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer´s behalf, and that your employer agrees to indemnify you and T.E.Academy for violations of these Terms.

1.2 This Site includes without limitation: T.E.Academy, and other on-line services accessible via the Site (collectively, the "Services"); and (b) information, communications, messages, downloads, data, files, text, images, photographs, graphics, videos, sound, webcasts, publications, content, tools, resources, software, code, programs, and products made available or enabled via the Site by T.E.Academy or users of this Site (collectively, "Content"). These Terms govern your use of all Content and Services, except to the extent such Content or Services are the subject of a separate agreement.

1.3 T.E.Academy may revise and update these Terms at any time. Your continued usage of the Site after any changes to these Terms will indicate your consent to those changes. Any aspect of the Site may be changed, supplemented, deleted or updated without notice at T.E.Academy´s sole discretion. You are responsible for regularly reviewing these Terms, and if you violate any of these Terms, T.E.Academy may terminate your use of the Site, bar you from future use of the Site and/or take appropriate legal action against you.

2. Member Registration and Accounts

2.1 You agree that certain Services or areas of the Site are private and restricted to authorized individuals only and that if you register to access and use those Services or areas of the Site, your rights of access and use are personal and non-assignable, and any access or use that is inconsistent with these Terms is unauthorized and strictly prohibited.

2.2 If any of the Services or areas of the Site requires you to open or maintain a user account, you agree that you will:
(a) provide accurate, current, and complete information about you as may be prompted by a registration form (the "Account Data");
(b) maintain the security of your password and identification; and
(c) accept all risks of unauthorized access to information and Account Data.
You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Site.

3. Your Conduct

3.1 You agree that you assume entire liability for everything that you upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site anything that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to T.E.Academy or other users of the Site;
(b) constitutes, in T.E.Academy´s sole discretion, spam, bulk or unsolicited communications, whether personal or commercial;
(c) includes unauthorized disclosure of personal information;
(d) violates or infringes anyone´s intellectual property rights; or
(e) contains software viruses or any other malicious or invasive computer code, files or programs designed to effect the functionality of any computer software or hardware or telecommunications equipment.
T.E.Academy reserves the right to edit or remove or disclose any content that violates these Terms.

3.2 You agree that:
(a) you will not use or access the Site or Services in a manner not expressly permitted by T.E.Academy, including using the Site to:
(i) engage or attempt to engage in identity theft or identity fraud;
(ii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services;
(iii) misrepresent your affiliation with a person or entity;
(iv) act in any manner that is intended, designed or does negatively affect other users´ ability to access or use the Site;
(v) engage or attempt to engage in illegal activities; or
(vi) collect or store personal data about other users unless specifically authorized by such users.
(b) you will not use any automated inquiry device, bot, or repetitive data gathering and extraction tool, routine, script or other mechanism with similar functionality to access, use, monitor or copy any pages or Content of the Site or to interfere or attempt to interfere with the proper working of the Site; and
(c) you will not frame or utilize framing techniques to enclose any portion or aspect of the Site, without T.E.Academy´s express written consent.

3.3 You agree that T.E.Academy may terminate your access to the Site immediately and without prior notice for any illegal and/or unauthorized use of the Site and may exercise any other remedy available including civil, criminal and injunctive redress. T.E.Academy may release user information about you if required by law or court order, or if the information is necessary or appropriate to address an unlawful or harmful activity.

3.4 You agree that T.E.Academy has no obligation of any kind with respect to anything that you or anyone else places on the Site. You agree to grant T.E.Academy an unrestricted, irrevocable, worldwide, royalty-free right to use, reproduce, modify, distribute, transmit, display, adapt, publish and exploit any such content in any manner. You represent and warrant that you have full legal and equitable rights for the worldwide use and licensing of any information that you may provide to or on the Site.

3.5 T.E.Academy does not routinely monitor Content, but T.E.Academy and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Site.

4. Confidentiality

Your use of the Site may give you access to certain proprietary information of T.E.Academy and its business associates and customers, including technical, contractual, product, program, pricing, marketing, intellectual property, and other valuable information which is not generally known to the public ("Confidential Information"). You agree to hold Confidential Information in strict confidence and protect it from all harm, loss, theft, unauthorized reproduction, access and/or disclosure without the prior express written consent of the discloser of the Confidential Information. Title to the Confidential Information remains with T.E.Academy and/or other Site users.

5. Intellectual Property Rights

5.1 Canadian and worldwide intellectual property laws apply to protect this Site and Content. Except as expressly authorized by these Terms, you agree not to copy, reproduce, modify, create derivative works from, rent, lease, loan, sell, mirror, frame, republish, download, upload, transmit, or distribute the Content, in whole or in part, in any way without T.E.Academy´s or the appropriate third party´s prior written permission. Except to the extent required by law or as expressly provided in these Terms, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without T.E.Academy´s prior express written consent, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

5.2 You agree not to use, remove or alter any T.E.Academy trademark or co-brand your own products or material with T.E.Academy trademarks, without T.E.Academy´s prior express written consent. You acknowledge T.E.Academy´s rights in the T.E.Academy trademarks and agree that any use of T.E.Academy trademarks will inure to T.E.Academy´s sole benefit. You agree not to incorporate any T.E.Academy´s trademark into your or another´s trademark, service mark, name, Internet address, domain name, or any other similar designation, for use on or in connection with computer or Internet-related products, services or technologies except with the prior express written consent of T.E.Academy.

5.3 Except as expressly provided in these Terms, T.E.Academy does not grant to you any express or implied rights to T.E.Academy´s or any third party´s intellectual property. Permission is granted to access and use the Site (including the Services and T.E.Academy-owned Content) only in the manner permitted by T.E.Academy. With respect to T.E.Academy-owned Content on the Site, you are permitted to access, download and use it, provided that:
(a) the copyright and other proprietary notices pertaining to the Content remains;
(b) the use of such Content is solely for personal and non-commercial use;
(c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content.
This permission terminates automatically without notice if you breach any of the terms in this paragraph. Upon termination, you must immediately destroy any downloaded and/or printed Content.

6. Links

6.1 The Site may contain links to third-party Web sites and resources (collectively, "Linked Sites"). The Linked Sites are provided solely as a convenience to you and not as an endorsement by T.E.Academy of the content on such Linked Sites. T.E.Academy makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. T.E.Academy is not responsible for the availability of the Linked Sites or their content or activities. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of a Linked Site is subject to its policies, terms and conditions of use and privacy policy.

6.2 Linking to any page of the Site other than to the home page through a plain text link is strictly prohibited in the absence of a separate linking agreement with T.E.Academy. Any Web site or other device that links to this Site or any page available in it is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that T.E.Academy or any of its affiliates are endorsing it or its products and services, (d) misrepresenting any state of facts, including its relationship with T.E.Academy or any of its affiliates, (e) presenting false information about T.E.Academy´s products or services, and (f) using any T.E.Academy logo or mark without T.E.Academy´s express written consent.

7. Indemnity

You agree to indemnify and hold T.E.Academy and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of your content, use of or connection to the Site (including any use by you on behalf of your employer), your violation of these Terms or your violation of any rights of another.

8. Suspension and Termination

You agree that T.E.Academy, in its sole discretion, may terminate or suspend your use of the Site (including use of Services and access to Content) at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Content. Further, you agree that T.E.Academy will not be liable to you or any third party for any modification, suspension, or termination of your access to the Site (including access to Services or Content) or loss of related information.

9. Disclaimer of Warranties

9.1 YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING ALL SERVICES AND CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, T.E.Academy DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. T.E.Academy MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE.

9.2 T.E.Academy MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (b) RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO INFORMATION OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY T.E.Academy IN THESE TERMS.

9.3 YOU ASSUME ALL RISK FOR ANY DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM, OR LOSS, INCLUDING THAT OF DATA, THAT RESULTS FROM ACCESSING OR OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGE RESULTING FROM COMPUTER VIRUSES.

10. Limitation of Liability

10.1 TO THE FULL EXTENT PERMITTED BY LAW, T.E.Academy IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF BUSINESS, OPPORTUNITY, REVENUE, PROFITS, GOODWILL, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF T.E.Academy HAS PREVIOUSLY BEEN ADVISED OF OR REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGE, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE SITE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR
(d) CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THIS LIMITATION AND/OR EXCLUSION WILL BE READ DOWN AS LITTLE AS POSSIBLE AND ONLY TO THE EXTENT NECESSARY TO COMPLY WITH SUCH JURISDICTION´S LAW.

10.2 TO THE EXTENT PERMITTED BY LAW, THE REMEDIES AVAILABLE TO YOU ARE LIMITED AND EXCLUSIVE TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES, PORTIONS OF THIS LIMITATION AND/OR EXCLUSION WILL BE READ DOWN AS LITTLE AS POSSIBLE AND ONLY TO THE EXTENT NECESSARY TO COMPLY WITH SUCH JURISDICTION´S LAW.

11. T.E.Academy Privacy Policy

You consent to the collection, use and disclosure by T.E.Academy of your personal information in accordance with the terms of T.E.Academy´s Privacy Policy which is available through the Sites´ home page and is herein incorporated by reference. You agree to comply with all applicable laws and regulations and the terms of T.E.Academy´s Privacy Policy, with respect to any access, use, disclosure and/or submission by you of any personal information in connection with this Site.

12. General Terms

12.1 Except as expressly provided in a separate license, service or other written agreement between you and T.E.Academy, these Terms constitute the entire agreement between you and T.E.Academy with respect to the use of the Site and any Services and Content therein and supersede all discussions, communications, and agreements including prior versions of the Terms. You may not assign these Terms or any of your interests or obligations under these Terms. If any provision of these Terms is held invalid by any court of competent jurisdiction, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose and the other provisions of the Terms will remain in full force and effect. Any failure or delay by T.E.Academy to enforce or exercise any provision of the Terms or related right will not constitute a waiver of that right or provision, and any express waiver to exercise promptly any right under the Terms will not create a forbearance, continuing waiver or any expectation of non-enforcement. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

12.2 The Site may contain forward-looking statements regarding T.E.Academy´s business, customers, partners, future products and services or other factors that may affect future earnings or financial results. You agree to accept the risk that such statements involve risks and uncertainties which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings and lack of market acceptance.

12.3 These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, and you agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of the Province of Ontario at Toronto in connection with the interpretation or application of any of these Terms.

12.4 To the fullest extent permitted by law, the controlling language for these Terms is English.