Website Terms of Use
The Haverhill website, located at www.haverhillstaging.com (the "Website"), is operated by The Haverhill Institute of Staging & Design, Inc. ("Haverhill", "we", "us", "our") and is being made available to you subject to the following terms and conditions of use ("Terms of Use"). By accessing and using this Website, you agree to be bound by the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.
These Terms of Use may be updated by us from time to time without notice to you. It is important to refer to these Terms of Use from time to time to make sure that you are aware of any additions or revisions that we may have made. Your continued use of the Website constitutes your acceptance of any modifications to these Terms of Use.
Service Description
The Website provides users with access to information about the Stager training course and stager services offered by Haverhill, as well as a host of related information (the “Service”). Haverhill may augment, change, suspend, modify or discontinue any aspect of the Website or the Service at any time without notice.
Ownership/Restrictions on Use
The Haverhill trademark and its associated logo(s) are owned by The Haverhill Institute of Staging & Design, Inc. or its related companies, and used under license. The Service and any and all data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information related thereto (collectively, the "Content") is owned by Haverhill, its related companies and/or its third party licensors. The Content is protected by Canadian and U.S. copyright and trademark laws.
The Content is for your personal, non-commercial use only. You may not modify, copy, reproduce, publish, post, transmit, distribute, perform, create derivative works from, transfer or sell any Content for other than personal, non-commercial use without the express prior written consent of Haverhill.
Organizations, companies, and/or businesses should not use the Service or our Website for any purpose. Illegal and/or unauthorized uses of the our Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of our Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
Registration and Passwords
Registration may be required to access and use certain portions of the Website and/or the Service. If you register for such use, you agree to provide true, current, complete and accurate information required for such registration, and to update such registration information as soon as possible should there be any changes to that information.
Upon registration, you will be asked to select a password and/or username. You are solely responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to (i) immediately notify Haverhill of any suspected unauthorized use of your password or username or any other breach of security, and (ii) ensure that you log off from your account at the end of each session. Haverhill will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of your failure to protect the confidentiality of your password and/or username.
User Conduct
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and the Haverhill Code of Conduct. In addition, without limiting the foregoing, you agree not to post or transmit any virus, or any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane material or any material that could constitute or encourage a violation of the law. Haverhill reserves the right to edit or remove such material or viruses.
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized or unlawful purpose, (d) except in the course of your normal, personal, non-commercial use of our Service, not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Website; (e) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents, (f) use our Service to systematically retrieve data or other content or any materials from our Website to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise; (g) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) remove any copyright, trademark or other proprietary right notices contained in the Service, (j) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Website or any software used on or for the Service, or (k) assist any third party in doing any of the foregoing.
Your Content
From time to time, Haverhill may permit you to upload information, advice, text, data, messages, original content and other materials ("Your Content") to the Website in the form of chat rooms, discussion forums, message/bulletin boards, news groups, or such other means. You are solely responsible for Your Content, and Haverhill will not be liable in any way for any error or omission, or loss or damage of any kind arising from Your Content.
Haverhill does not pre-screen Your Content, but has the right but not the obligation, in our sole discretion, to modify, refuse or remove Your Content, and/or to terminate the privileges of any user to participate in Services on the Website if such users violate these Terms of Use.
By posting Your Content to our Website, such information shall be deemed to be non-confidential. Upon submission, you grant (or warrant that the owner of such material expressly grants) to Haverhill a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed. In addition, you waive all moral rights in such materials. You acknowledge and agree that Haverhill may archive Your Content, but has no obligation to do so, and may also disclose Your Content at any time and for any reason for its own purposes or as required by law.
Privacy
Haverhill is committed to preserving and safeguarding your right to privacy. The protection of your privacy is very important and we have adopted stringent practices to safeguard the confidentiality of your personal information. Please review our Privacy Policy which details the manner in which we collect, use, disclose and otherwise manage your personal information.
Links
The Website may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties ("Other Site(s)"). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by Haverhill of any Other Site, its resources, or its content. Haverhill will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites.
You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website, including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You agree that Haverhill will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. You further acknowledge and agree that Haverhill shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Haverhill reserves the right to deny or revoke permission to link to the Website from any Other Site for any reason in our sole discretion.
Termination/Discontinuance of Service/Blocking of IP Addresses
You agree that Haverhill, in its sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms of Use. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service.
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing our Website.
Representations and Warranties
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms of Use, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms of Use, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
Disclaimer/Limitation of Liability
Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HAVERHILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HAVERHILL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE AND/OR IN CONNECTION WITH THE SERVICE.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
HAVERHILL SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS CONTAINED ON, THE WEBSITE OR ANY CONTENT OR SERVICE THEREIN, EVEN IF HAVERHILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE AMOUNT PAID BY USER TO HAVERHILL FOR A GIVEN PRODUCT OR SERVICE IN THE PRIOR 12 MONTH PERIOD. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Haverhill, our subsidiaries, parent and affiliated companies, and each of our and their directors, officers, employees, shareholders, agents, and licensors from and against any and all costs, claims, fines, penalties, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable legal and accounting fees arising out of or in connection with (a) Your Content; and/or (b) your (or anyone acting under your password or username) use of this Website, or any alleged violation by you of these Terms of Use.
Notwithstanding the foregoing, Haverhill retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Haverhill and in no event shall you settle any such claim without our prior written approval.
Copyright Policy
The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Website in a way that constitutes copyright infringement, please send us a notice at to the contact information below.
Entire Agreement
These Terms of Use, the Privacy Policy, and any other Website Terms of Use posted on the Website from time to time, constitute the entire agreement between you and Haverhill with respect to the use of the Website and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.
Governing Law
These Terms of Use are to be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any legal action concerning these Terms of Use on this Website must be brought within one (1) year after the claim or cause of action arises and must be brought in the courts located in the City of Toronto, Province of Ontario. Each party hereby irrevocably submits to the personal jurisdiction of such court.
Severability
If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Miscellaneous
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.
How to Contact Us
If you have any questions, comments or concerns about the Website or these Terms of Use, you may reach us in the following way:
The Haverhill Institute of Staging & Design, Inc.
Box 2313 - 2300 Yonge Street
Suite 1901
Toronto, Ontario M4P 1E4
t. 416.590.1221
f. 416.440.7787
© 2009 The Haverhill Institute of Staging & Design, Inc.
All rights reserved.
Last Updated: August 4, 2009.
