Introduction
These terms and
conditions govern your use of this website; by using this website, you accept
these terms and conditions in full. If you disagree with these terms and
conditions or any part of these terms and conditions, you must not use this
website.
You must be at least
13 years of age to use this website. By using this website and by agreeing to
these terms and conditions you warrant and represent that you are at least 13
years of age.
This website uses
cookies. By using this website and agreeing to these terms and conditions, you
consent to our nClass / NorthCanal
Group LLC's use of cookies in accordance with the terms of nClass
/ NorthCanal Group LLC's privacy policy / cookies
policy.
License to use
website
Unless otherwise
stated, nClass / NorthCanal
Group LLC and/or its licensors own the intellectual property rights in the
website and material on the website. Subject to the license below, all these
intellectual property rights are reserved.
You may view,
download for caching purposes only, and print pages from the website for your
own personal use, subject to the restrictions set out below and elsewhere in
these terms and conditions.
You must not:
Where content is
specifically made available for redistribution, it may only be redistributed
within your organisation.
Acceptable use
You must not use this
website in any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website; or in any way
which is unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this
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.
You must not conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to this website without nClass / NorthCanal Group LLC 's express
written consent.
You must not use this
website to transmit or send unsolicited commercial communications.
You must not use this
website for any purposes related to marketing without nClass
/ NorthCanal Group LLC's express written consent.
Restricted access
Access to certain
areas of this website is restricted. nClass
/ NorthCanal Group LLC reserves the right to restrict
access to other areas of this website, or indeed this entire website, at nClass / NorthCanal Group LLC's
discretion.
If nClass / NorthCanal Group LLC provides you with a user ID and password to enable you to
access restricted areas of this website or other content or services, you must
ensure that the user ID and password are kept confidential.
nClass / NorthCanal Group LLC may disable your user ID and password
in nClass / NorthCanal
Group LLC's sole discretion without notice or explanation.
User content
In these terms and
conditions, “your user content” means material (including without limitation
text, images, audio material, video material and audio-visual material) that
you submit to this website, for whatever purpose.
You grant to nClass / NorthCanal Group LLC a
worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce,
adapt, publish, translate and distribute your user content in any existing or
future media. You also grant to nClass / NorthCanal Group LLC the right to sub-license these rights,
and the right to bring an action for infringement of these rights.
Your user content
must not be illegal or unlawful, must not infringe any third party's legal
rights, and must not be capable of giving rise to legal action whether against
you or nClass / NorthCanal
Group LLC or a third party (in each case under any applicable law).
You must not submit
any user content to the website that is or has ever been the subject of any
threatened or actual legal proceedings or other similar complaint.
nClass / NorthCanal Group LLC reserves the right to edit or remove
any material submitted to this website, or stored on nClass
/ NorthCanal Group LLC's servers, or hosted or
published upon this website.
Notwithstanding nClass / NorthCanal Group LLC's
rights under these terms and conditions in relation to user content, nClass / NorthCanal Group LLC
does not undertake to monitor the submission of such content to, or the
publication of such content on, this website.
No warranties
This website is provided
“as is” without any representations or warranties, express or implied. nClass / NorthCanal
Group LLC makes no representations or warranties in relation to this website or
the information and materials provided on this website.
Without prejudice to
the generality of the foregoing paragraph, nClass / NorthCanal Group LLC does not warrant that:
l this
website will be constantly available, or available at all; or
l the
information on this website is complete, true, accurate or non-misleading.
Nothing on this
website constitutes, or is meant to constitute, advice of any kind. If you
require advice in relation to any legal, financial or medical matter you should
consult an appropriate professional.
Limitations of
liability
nClass / NorthCanal Group LLC will not be liable to you (whether
under the law of contact, the law of torts or otherwise) in relation to the
contents of, or use of, or otherwise in connection with, this website:
l to the
extent that the website is provided free-of-charge, for any direct loss;
l for any
indirect, special or consequential loss; or
l for any
business losses, loss of revenue, income, profits or anticipated savings, loss
of contracts or business relationships, loss of reputation or goodwill, or loss
or corruption of information or data.
These limitations of
liability apply even if nClass / NorthCanal
Group LLC has been expressly advised of the potential
loss.
Exceptions
Nothing in this
website disclaimer will exclude or limit any warranty implied by law that it
would be unlawful to exclude or limit; and nothing in this website disclaimer
will exclude or limit nClass / NorthCanal
Group LLC's liability in respect of any:
l death or
personal injury caused by nClass / NorthCanal Group LLC's negligence;
l fraud or fraudulent
misrepresentation on the part of nClass / NorthCanal Group LLC; or
l matter which it
would be illegal or unlawful for nClass / NorthCanal Group LLC to exclude or limit, or to attempt or
purport to exclude or limit, its liability.
Reasonableness
By using this
website, you agree that the exclusions and limitations of liability set out in
this website disclaimer are reasonable.
If you do not think
they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability
entity, nClass / NorthCanal Group LLC has an interest in limiting the personal
liability of its officers and employees. You agree that you will not bring any
claim personally against nClass / NorthCanal Group LLC's officers or employees in respect of any
losses you suffer in connection with the website.
Without prejudice to
the foregoing paragraph, you agree that the limitations of warranties and
liability set out in this website disclaimer will protect nClass
/ NorthCanal Group LLC's officers, employees, agents,
subsidiaries, successors, assigns and sub-contractors as well as nClass / NorthCanal Group LLC.
Unenforceable
provisions
If any provision of
this website disclaimer is, or is found to be, unenforceable under applicable
law, that will not affect the enforceability of the other provisions of this
website disclaimer.
Indemnity
You hereby indemnify nClass / NorthCanal Group LLC and
undertake to keep nClass / NorthCanal
Group LLC indemnified against any losses, damages, costs, liabilities and
expenses (including without limitation legal expenses and any amounts paid by nClass / NorthCanal Group LLC to
a third party in settlement of a claim or dispute on the advice of NAME'S legal
advisers) incurred or suffered by nClass / NorthCanal Group LLC arising out of any breach by you of
any provision of these terms and conditions, or arising out of any claim that
you have breached any provision of these terms and conditions.
Breaches of these
terms and conditions
Without prejudice to nClass / NorthCanal Group LLC's
other rights under these terms and conditions, if you breach these terms and
conditions in any way, nClass / NorthCanal
Group LLC may take such action as nClass / NorthCanal Group LLC deems appropriate to deal with the
breach, including suspending your access to the website, prohibiting you from
accessing the website, blocking computers using your IP address from accessing
the website, contacting your internet service provider to request that they
block your access to the website and/or bringing court proceedings against you.
Variation
nClass / NorthCanal Group LLC may revise these terms and conditions
from time-to-time. Revised terms and conditions will apply to the use of this
website from the date of the publication of the revised terms and conditions on
this website. Please check this page regularly to ensure you are familiar with
the current version.
Assignment
nClass / NorthCanal Group LLC may transfer, sub-contract or
otherwise deal with nClass / NorthCanal
Group LLC's rights and/or obligations under these terms and conditions without
notifying you or obtaining your consent.
You may not transfer,
sub-contract or otherwise deal with your rights and/or obligations under these
terms and conditions.
Severability
If a provision of
these terms and conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will
continue in effect. If any unlawful and/or unenforceable provision 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.
Entire agreement
These terms and
conditions, together with the Privacy Policy, constitute the entire agreement
between you and nClass / NorthCanal
Group LLC in relation to your use of this website, and supersede all previous
agreements in respect of your use of this website.
Law and jurisdiction
These terms and
conditions will be governed by and construed in accordance with laws of the
Commonwealth of Virginia, and any disputes relating to these terms and
conditions will be subject to the exclusive jurisdiction of the courts of the
Commonwealth of Virginia.
Notification of Terms and Conditions Changes
We may update these terms and conditions statement. If
we make any material changes we will notify you by email (sent to the e-mail
address specified in your account) or by means of a notice on this Site prior
to the change becoming effective. We encourage you to periodically review this
page for the latest information on our privacy practices. The latest
version of the Terms and Conditions is available at
http://admin.getnclass.com/nClass/terms.html
Your
continued use of this website following changes to our terms and conditions
constitutes your acceptance of our amended terms
nClass / NorthCanal Group
LLC's details
nClass / NorthCanal Group LLC's registered address is 1400 Key Blvd,
#100, Arlington VA 22209, USA
You can contact nClass / NorthCanal Group LLC by
email at support@getnclass.com
Copyright © NorthCanal Group LLC. All rights reserved