Terms of Service Agreement

1- Introduction

1.1   CertifiedListener.Org is operated by Certified Listeners Society a Not-for-Profit Canadian federal corporation (in this agreement, “Us” or “We”). This agreement shall govern your use of our website.

1.2   Your behavior on CertifiedListener.Org should follow our Code of Ethics

1.3   Our protection of your data is outlined in our Privacy Policy.

2- Copyright Notice

2.1   Copyright (c) 2019 Certified Listeners Society

3- Content Licensing and Use of Our Website

3.1   You may:

(a)   view pages from our website in a web browser;

(b)   download pages from our website for caching in a web browser; and

(c)    print pages from our website,

subject to the other provisions of this disclaimer.

3.2   Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

3.3   Unless you own or control the relevant rights in the material, you must not:

(a)   republish material from our website (including republication on another website);

(b)   sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)   exploit material from our website for a commercial purpose; or

(e)   redistribute material from our website.

3.4   If you choose to upload any content (i.e. images, video, text, etc.) to our website then these materials shall be licensed to us on a royalty-free, world-wide, sub-licensable, assignable basis. You may only upload materials that you possess sufficient rights in that that you may grant the license that this clause creates.

4- Acceptable Use

4.1   You must not:

(a)   use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)   use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2   You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3   You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5- Disclaimer

5.1   We do not warrant or represent:

(a)   the completeness or accuracy of the information published on our website;

(b)   that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

5.2   We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. In the event that the websites are discontinued completely and you are a paid subscriber then you shall be entitled to a pro-rata refund of the remaining time left in your subscription.

5.3   To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

6- Limitations and Exclusions of Liability

6.1   Nothing in this disclaimer will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law.

6.2   The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a)   are subject to Section 7.1; and

(b)   govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

6.3   To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

6.4   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5   We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6   We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7   We will not be liable to you in respect of any special, indirect or consequential loss or damage.

6.8   You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

6.9  Notwithstanding any term of this agreement, our liability to you shall be limited to 50 Canadian dollars.

7- Variation

7.1   We may revise this agreement from time to time.

7.2   The revised agreement shall apply to the use of our website as of the date 30 days from the time of publication of the revised disclaimer on the website. Your sole remedy in the event of a change in these terms shall be to discontinue using our services.

8- Severability

8.1   If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

8.2   If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

9- Law and Jurisriction

9.1 This disclaimer shall be governed by and construed in accordance with Ontario law.

9.2 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

10- Our Details

10.1 This website is owned and operated by Certified Listeners Society

10.2 We are a Not-for-Profit Canadian federal corporation, and our registered office is at 5500 North Service Rd. Suit 300, Burlington, ON L7L 6W6

10.3 You can contact us:

(a)      by post, using the postal address provided above;

(b)      by email at info@certifiedlisteners.org