Website Terms and Conditions

Effective: January 1, 2012
Date of Last Revision: January 1, 2012

YOU MUST READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE (the “Terms of Use”) CAREFULLY BEFORE USING THIS SITE (the “Site”).  By accessing, browsing, or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use.

This Site, including all of its features and content is a service made available by Docnito Learning Management System Inc. and all content and information (“Content”) and services (“Services”) provided on or through this Site may be used solely pursuant to the Terms of Use.


Site Limited License

As a user of this Site you are granted a non-exclusive, non-transferable, revocable, limited license to access and use this Site and Content in accordance with these Terms of Use.  The Site and its Content are protected by copyright pursuant to Canadian, U.S. and international copyright laws.  Without limiting any of the foregoing, you expressly agree not to:

  1. resell, lease, transfer, lend, timeshare, syndicate or commercially use the Site, Content or the Services;
  2. decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site, the Content or the Services;
  3. distribute, publicly perform or publicly display the Site, the Content or the Services;
  4. modify, adapt, translate, or create any derivative works of the Site, the Content, the Services or any portion thereof;
  5. copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted;
  6. export or re-export this Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America and Canada.
  7. use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
  8. download, index or in any non-transitory manner store or cache any portion of the Site, the Content, the Services or any information contained therein, except as expressly permitted on the Sites;
  9. remove, deface, obscure, or alter any copyright, trade-mark or other proprietary rights notices affixed to or provided in connection with the Site, the Content or any Services;
  10. create or attempt to create a substitute or similar service or product through the use of or access to the Site, the Content, the Services or any proprietary information related thereto; or
  11. use the Site, the Content or the Services other than for its intended purpose.

Any use or attempted use of the Site, the Content or the Services other than as specifically authorized herein, without the express prior written permission of Docnito Learning Management System Inc., or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein.  Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trade-mark laws and applicable communications regulations and statutes.  Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time, in Docnito Learning Management System Inc.’s sole discretion.


Not Legal Advice

Content is not intended to and does not constitute legal advice, nor is anything submitted to this Site treated as confidential.  The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed.  Your use of Content on this Site or materials linked from this Site is at your own risk.


Intellectual Property Rights

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.  You agree that the Content and Site including, without limitation, the Docnito Learning Management System Inc. logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof, are the proprietary property of Docnito Learning Management System Inc. and are protected by copyrights, trade-marks, service marks, patents or other proprietary rights and laws.

All logos and any other product or service name or slogan contained in the Site are trade-marks of Docnito Learning Management System Inc., or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Docnito Learning Management System Inc. or the applicable trade-mark holder.  You may not use any meta tags or any other “hidden text” utilizing “Docnito” or any other name, trade-mark or product or service name of Docnito Learning Management System Inc. without our express prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trade-mark and/or trade dress of Docnito Learning Management System Inc. and may not be copied, imitated or used, in whole or in part, without our express prior written permission.  All other trade-marks, service marks, logos, and product names published on the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Docnito Learning Management System Inc..


Linking to this Site

You are granted a limited, non-exclusive right to create a text hyperlink to publicly available sites for noncommercial purposes, provided such link does not portray Docnito Learning Management System Inc. or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in Docnito Learning Management System Inc.’s sole opinion, offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  You may not use Docnito Learning Management System Inc.’s logo or other proprietary graphic of Docnito Learning Management System Inc. to link to the sites without the express prior written permission of Docnito Learning Management System Inc..  Further, you may not use, frame or utilize framing techniques to enclose any Docnito Learning Management System Inc. trade-mark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Docnito Learning Management System Inc.’s express prior written permission.  Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trade-mark, copyright or proprietary right of Docnito Learning Management System Inc. or any third party.


Third Party Content and Application

In addition to official pages on the Site containing the content of Docnito Learning Management System Inc. in support of Docnito Learning Management System Inc.’s mission or related administrative business, our Site may include third party content on the Site and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni or members of the public.  The views expressed in such Third Party Content should not be construed as representing the views of Docnito Learning Management System Inc..  In addition, the Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”).  Docnito Learning Management System Inc. does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications.  Docnito Learning Management System Inc. is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements.  Users use such Third Party Content and Third Party Applications at their own risk.


Third Party Products, Services, Advertisements and Promotions

Docnito Learning Management System Inc. may provide information about or links to third party products or services on the Site or may run third party advertisements or promotions on the Site.  Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  Docnito Learning Management System Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Docnito Learning Management System Inc. advertisers or third party information on the Sites.


Registration & Representation

Certain sections of this Site require you to register.  If registration is requested, you agree to provide Docnito Learning Management System Inc. with accurate and complete registration information (“Registration Data”).  It is your responsibility to inform Docnito Learning Management System Inc. of any changes to the Registration Data.  Each registration is for a single individual only, unless specifically designated otherwise on the registration page.

In consideration of your use of the Site, the Site Materials and the Services, you represent you are of legal age to form a binding contract.  In consideration of your use of the Site, the Site Materials and Services, you agree to:

  1. maintain and be solely responsible for the security of your password and identification; and
  2. accept all risks of unauthorized access to the Registration Data and any other information you provide to the University.

Grounds for Suspension and Termination

As a Docnito Learning Management System Inc. Subscriber, you agree to comply with these Terms and Policies.  Any violation of either these Terms and Policies may serve as cause for Docnito Learning Management System Inc. to suspend or terminate your account.  You agree that Docnito Learning Management System Inc. has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

  1. using the Service in a way which constitutes violation of any copyright, trade-mark, applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
  2. using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity;
  3. using the Service to store, transfer, or advertise the following: pornography, nudity, violations of privacy, computer viruses, hacking, “warez”, and any harassing and/or harmful material or uses.  Photos or videos showing frontal nudity on either men or women for any purposes.  Photos or videos showing graphic violence or death.  In addition, any site or site(s) with hyperlinks whose revenue is gained in part or whole from its adult content violate this policy.  Docnito Learning Management System Inc. reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.  Let us know if you are unsure of the approval of your site before placing an order.  Accounts violating this policy will be suspended at once and deleted from our servers.
  4. using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;
  5. using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in web-site pages or electronic mail, or using any other method to disguise the sender’s identity or location;
  6. excess utilization of system or network resources, including, but not limited to the use of scripts or programs which consume an unreasonable amount of Central Processing Unit (“CPU”) usage or Random Access Memory “RAM”);
  7. posting commercial messages to a USENET group for the purposes of demoting this web-site;
  8. using the Service to promote or solicit competing Internet services;
  9. using the Service for unauthorized relays through any third party systems;
  10. using the Service for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
  11. using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s);
  12. a significant number of complaints regarding Subscriber’s failure to be reasonably accessible to Subscriber’s customers or to fill orders in a timely manner;
  13. engaging in harassment, whether through language, frequency, or size of e-mail messages;
  14. using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks; or
  15. furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.  No bill credit will be given for a period of suspension.  In the event of termination of your use of the Service under this section, Docnito Learning Management System Inc. may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions;
  16. furnishing or presenting Career Portfolio data in a manner that would be deemed to be unprofessional, junky or unsuitable for career promotion.  Let us know if you are unsure and request approval before placing an order.  Accounts violating this policy will be suspended at once and deleted from our servers.

Notwithstanding participation in the above, Docnito Learning Management System Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, the Content and/or the Services or any portion thereof, and to block or prevent your future access to and use of any of the Site, the Content or the Services.


Errors and Corrections

Docnito Learning Management System Inc. does not represent or warrant that this Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.  Docnito Learning Management System Inc. does not warrant or represent that the Content available on or through this Site will be correct, accurate, timely, or otherwise reliable.  Docnito Learning Management System Inc. may make improvements and/or changes to its features, functionality or Content at any time.


DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DOCNITO LEARNING MANAGEMENT SYSTEM INC., THE SITE, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  DOCNITO LEARNING MANAGEMENT SYSTEM INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES.  DOCNITO LEARNING MANAGEMENT SYSTEM INC. DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  DOCNITO LEARNING MANAGEMENT SYSTEM INC. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  DOCNITO LEARNING MANAGEMENT SYSTEM INC. IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY.  WHILE DOCNITO LEARNING MANAGEMENT SYSTEM INC. ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, DOCNITO LEARNING MANAGEMENT SYSTEM INC. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.  Docnito Learning Management System Inc. reserves the right to change or delete any and all Site Materials or Content contained in the Site and any Services offered through the Site at any time without notice.  Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Docnito Learning Management System Inc..


LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your use of the Site.  You shall keep your user name and password protected and not disclose it to others.  You may not allow others to use the Site, your rights and privileges hereunder, your user name and password, at any time.  If you do, you:

  1. assume all responsibility and liability associated with such use; and
  2. indemnify and hold Docnito Learning Management System Inc. harmless for any such use.

IN NO EVENT SHALL DOCNITO LEARNING MANAGEMENT SYSTEM INC., ITS DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DOCNITO LEARNING MANAGEMENT SYSTEM INC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCNITO LEARNING MANAGEMENT SYSTEM INC.’S RECORDS, PROGRAMS OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOCNITO LEARNING MANAGEMENT SYSTEM INC., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DOCNITO LEARNING MANAGEMENT SYSTEM INC. FOR ACCESS TO OR USE OF THE SITE.  IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY.


Indemnification

You agree to indemnify, defend and hold harmless Docnito Learning Management System Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.


Virus Checks

When using this Site, it is up to you to take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature.  All responsibility or liability for damages caused by viruses is disclaimed.


Unlawful Activity

Docnito Learning Management System Inc. reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.


Remedies for Violations

Docnito Learning Management System Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Site and any other Docnito Learning Management System Inc. Sites and their features.


Privacy

Your use of this Site is subject to Docnito Learning Management System Inc.’s Privacy Policy, please refer to the Privacy Policy on the Site for information on how Docnito Learning Management System Inc. collects, uses and discloses the information collected on that Site.


Applicable Law

These Terms of Use and your use of the Site, the Content and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the Province of British Columbia applicable to agreements made to be entirely performed within the province of British Columbia, without regard to its conflict of law principles.  You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial and federal courts located in Kelowna, British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.


Severability of Provisions

These Terms of Use incorporate by reference any notices contained on this Site and Docnito Learning Management System Inc.’s Privacy Policy and constitute the entire agreement with respect to access to and use of this Site and the Content.  If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.


Modifications to Terms of Use

Docnito Learning Management System Inc. reserves the right to change these Terms of Use at any time and in its sole discretion.  Updated versions of the Terms of Use will appear on this Site and are effective immediately and you waive any right you may have to receive specific notice of such changes or modifications.  You are responsible for regularly reviewing the Terms of Use.  Continued use of this Site after any such changes or modifications constitutes your consent to such changes.  If you do not agree to the amended terms, you must stop using the Site and the Services.