Terms and Conditions of Use of Student Evaluator
Last updated: August 02, 2017
1. Acceptance of the Student Evaluator Terms and Conditions
Your access to and use of Student Evaluator (the “Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
3. Change of Use
Student Evaluator reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Student Evaluator shall not be liable to you for any such change or removal.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Student Evaluator or otherwise used by Student Evaluator as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. Except for the downloading, copying and/or printing of report card comments for your own personal, non-commercial report card writing use only.
6. Disclaimers and Limitation of Liability
6.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Student Evaluator will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 Student Evaluator makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Student Evaluator for death or personal injury as a result of the negligence of Student Evaluator or that of its employees or agents.
You agree to indemnify and hold Student Evaluator and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Student Evaluator arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of Canada, specifically the province of Ontario and you hereby submit to the exclusive jurisdiction of the Canadian or Ontario courts.
10.1 Renewal – Your acceptance of these terms includes an annual subscription that will automatically renew each year, on the day of the year you originally subscribed. However, at any time you may cancel your subscription from your account profile page.
10.2 Credits – For each evaluation your account is debited one credit. With an annual subscription you are allotted 100 credits, which you will use to evaluate your students over the three reporting periods. The primary reason for the credit system is to thwart account sharing. Credits do not carry over into the next calendar year and have no monetary value.
10.3 Cancellations – Your subscription can be cancelled by you at any time.
11.1 You may request a refund at any time during the first 30 days of your subscription.
11.2 No refund will be provided after 30 days or if more than 10 credits have been used.
11.3 Refunds will be processed using the same method of payment used to purchase the subscription.
12. Email Opt-in
You give explicit permission for Student Evaluator to email you regarding your subscription, account, contests and offers.
For any further information please contact us.
D-122 Commerce Park Dr.
Barrie, ON L4N 8W8