Terms of Use

 

Please read the following carefully.

 Welcome to Spaces!

Our mission is to engage students in their journey of lifelong learning. To do this, it is important that Spaces by myBlueprint is a safe environment for students, parents, and teachers.

This Terms of Use govern your use of this website ("Site"), our mobile application (the "App") and our services, including but not limited to our portfolios, education and career/life planning products (collectively being, the "Services") which are owned, operated and provided by Spaces, a product of Doublethink Inc. o/a myBlueprint ("myBlueprint", "we", "our", "us"). Please read these Terms of Use carefully before using our Site, App and Services.  Any person who wishes to use our Services must accept these Terms of Use without change. BY USING THE SITE, APP AND THE SERVICES, YOU ARE INDICATING YOUR, OR YOUR PARENT'S OR GUARDIAN'S, ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE, INCLUDING THE PRIVACY POLICY, AS INDICATED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE. 

These Terms of Use apply to all users of our Site, App and Services, but there are specific terms as outlined below that will additionally apply to you depending what type of user you are. If you are a school or school district, or an administrator of such school or district, who has subscribed to the myBlueprint Services, then you are a "School". If you are accessing the Services through a School's subscription and such School has designated you as a staff member or teacher, then you are a "Teacher". If you are a student who attends a School and are accessing the Services through such School's subscription, you are a "Student". If you are the parent or guardian of a Student and have been granted access to the Services by a School or Teacher for the purposes of monitoring or reviewing a Student's use of the Services, then you are a "Parent".

1. Modifications to Terms of Use

These Terms of Use or any other policies or guidelines governing our Site, App and Services are subject to change by myBlueprint at any time in its sole discretion.  Any changes will be effective upon the posting of the revisions on our Site.  Your use of our Site, App and Services will be subject to the most current version of the Terms of Use posted on our Site at the time of such use.  Your continued use of our Site, App and Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes.  Please consult these Terms of Use regularly.  IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF OUR SITE, APP AND SERVICES.

2. Privacy Policy

Please read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes.  You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy.  By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to our Privacy Policy

3. Who May Use Our Services

You, or your parent or guardian on your behalf, must read and agree to these Terms of Use before you use the Site, App and Services. In accordance with our Privacy Policy, for certain users under the age of 16, parent or guardian consent is required as a condition of use of our Site, App or Services. When parent or guardian consent is required under applicable law, myBlueprint requires that Schools or Teachers obtain written consent from the parents or guardians of Students under the age of 16 if they set up accounts on behalf of their Students, invite Students to use our Site, App or Services, and allow Students under the age of 16 to access student accounts in the classroom. Your use of the App and Services must comply with any of your School's additional School policies or obligations relating to the App and Services.  

4. Your Registration Obligations

(a) We may at times require that you register and/or set up an account to use certain portions of our App or Services.  In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personal information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by sending the corrected Registration Information to us at: info@myBlueprint.ca or by using the appropriate update mechanism on our Site, if available. If myBlueprint believes that the Registration Information you provide is not correct, current, or complete, myBlueprint reserves the right to refuse you access to its Site, App or Services.  However, myBlueprint has no obligation to verify the accuracy, currency, completeness or usefulness of any Registration Information that you have provided to us.

(b) If you are a School or Teacher, you may create a class through the Services. You may then invite Students, and Parents to join such class. With respect to any class, you acknowledge and agree that:

(i) You may only enroll Students to a class who are currently enrolled in such class;

(ii) When required under applicable law, you or your School are responsible for obtaining parent or guardian consent to the use of our Site, App and Services prior to creating any Student accounts or allowing Students to use our Site, App or Services in the class;

(iii) You will take reasonable steps to monitor your Students’ use of the Services such that it is in accordance with these Terms of Use and to protect any Student or School information from unauthorized disclosure.

(c) If you are accessing our Services on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (the "Company"), by accessing the Services, that Company accepts these terms and you warrant that you are authorized to accept these terms on behalf of such Company.

5. User ID/Password

(a) If you register and/or set up an account on the Site or App, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

(b) If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available, or notify us at privacy@myblueprint.ca or as described in our Privacy Policy.  We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.

(c) We have the right, in our sole discretion, to cancel your username and password without notice to you.

6. License Grant and Restrictions on Use

(a) So long as you comply with these Terms of Use and subject to any agreement entered into by your School, myBlueprint hereby grants to you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to download and use the App on a compatible mobile device and to access and use the Services solely for your personal, non-commercial purposes. You may not use our App or Services for any other purpose without our express prior written consent.

(b) The App and Services are licensed, not sold, to you. Except as expressly provided for in these Terms of Use, myBlueprint reserves all rights, title and interest in and to the App and Services, including all intellectual property and other proprietary rights.

(c) You may use our Site and Services for your own personal, non-commercial use, and you may not use our Services for any other purpose without myBlueprint's express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co brand our App or Services; (ii) frame our Site; or (iii) hyperlink to our Site, without the express prior written permission of an authorized representative of myBlueprint.  For purposes of these Terms of Use, "co branding" means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services and App or which may confuse a user as the nature of the relationship between any party and myBlueprint.  You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from myBlueprint and at all times you will cooperate with myBlueprint following myBlueprint's discovery of any such illegal activity. 

(d) myBlueprint may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the App or the Services for any reason and without any liability to you whatsoever. While myBlueprint takes great care to ensure the App and Services are accurate, errors and/or inaccuracies may occur. myBlueprint may change or update information on the Site at any time without notice, and availability of the Services. We make no representations that the App or the Services are compatible with, or will function or operate with your device or equipment. 

7. Additional Terms for Mobile Users

(a) Your use of our App must be in accordance with all third party usage rules and policies that may exist from time to time ("Usage Policies") applicable to you or your use of our App that may relate to any service provider, mobile device platform or the method you downloaded our App. You are solely responsible for determining the Usage Policies that apply to your use of the App.

(b) Your use of the App requires usage of data services. You acknowledge and agree that you are solely responsible for any and all data fees that your wireless service carrier may charge and any other applicable fees in connection with your use of the App.

(c) You must not use this App on any device that you know or have reason to believe has had its standard protections and limitations have been removed, including, but not limited to a device that has been "rooted" or "jailbroken".

(d) The following additional terms and conditions apply with respect to any App that myBlueprint provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

(i) You acknowledge that these terms are between you and myBlueprint only, and not with Apple, Inc. ("Apple").

(ii) Your use myBlueprint‘s iOS App must comply with Apple’s then-current App Store Terms of Service.

(iii) myBlueprint, and not Apple, is solely responsible for our iOS App and the Services and content available thereon

(iv) Your use of the iOS App is limited to Apple branded products that you own or control and as permitted by the Usage Policies set forth in the App Store Terms of Service.

(v) You acknowledge that Apple has no obligation to provide maintenance and support services whatsoever with respect to our iOS App.

(vi) To the maximum extent permitted by applicable law, Apple will have no warranty obligations, whether express or implied by law whatsoever with respect to our iOS App. To the extent not effectively disclaimed, any warranties remain with myBlueprint. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will myBlueprint’s sole responsibility.

(vii) You agree that myBlueprint, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the iOS App.

(viii) You agree that myBlueprint, and not Apple, shall be responsible, in the event of any third party claim that the iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, and myBlueprint, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim.

(ix) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(x) You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

(xi) If you have any questions, complaints or claims regarding the iOS App, please contact myBlueprint at privacy@myblueprint.ca.

(xii) The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these terms as they relate to your license of myBlueprint’s iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.

8. User Content

(a) By using our Services, you may have the opportunity to post your own content (such as text, images, videos and other materials), comments or inquiries (collectively, "User Content") on our Site and through our Services. If you are a Student, your School may also provide us with User Content about you that we will upload to the Services. Any User Content you provide for display on the Site is considered non-confidential.    

(b) When you access certain features on our Site and Services that allow you to post and communicate with other users, we urge you not to share any personal information, confidential information or any other information that you would not want to share with the general public. If you are a Student, your School, Teacher and Parent will have access to your User Content and may view your User Content at any time.

(c) You agree to only post User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to post such User Content on our Site or through the Services. You grant myBlueprint a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable license to use, reproduce, publicly perform, publicly display, publish, distribute, and create derivative works of any User Content. We acknowledge and agree that you will own all proprietary right, title and interest in your own User Content.

(d) We may, but have no obligation to, review User Content before it is posted and we may refuse to post any User Content for any reason in our sole discretion.  Additionally, we may, but we have no obligation to, monitor User Content already posted on the Site or Services. We may, but have no obligation to, edit or remove any User Content that we, in our sole discretion, determine to violate any applicable law, these Terms of Use, or the purpose of our Services, or that we determine to be offensive or inappropriate or for any other reason in our sole discretion.

9. Proprietary Information

(a) The entire contents of our Site, App and Services, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site, App and Services' "look and feel", logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation is protected under United States copyright, trade-mark, competition and other laws of the United States and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms of Use, nothing contained in this Site, App or provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property. User Content is owned by the person who posted the information on the Site, App and Services or the third party licensor, as the case may be.

(b) We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, "Documentation") owned by us or licensed to us which are protected under copyright, trade-mark, patent and other intellectual property rights.  All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us.  You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent.  You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation.  The restrictions set out in these Terms of Use do not apply to the limited extent the restrictions are prohibited by applicable law.

10. Third Party Content

(a) Our Site, App and Services may also contain information or materials ("Third Party Content") that are owned or provided by persons other than myBlueprint ("Third Party Providers").  myBlueprint makes no representations and warranties with respect to any such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content.  Inclusion of Third Party Content from Third Party Providers with our App or Services does not mean, unless expressly stated otherwise, that myBlueprint endorses or agrees with such Third Party Content.    

(b) You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.

(c) You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers.  You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use.

11. Hyperlinks

Our Services contain hyperlinks to other sites that are not maintained by, or related to, myBlueprint.  Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by myBlueprint of, any affiliation with or endorsement by the owner of the linked site.  myBlueprint has no control over such third party sites. myBlueprint is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Services. Use of such third party sites, including any information, links, commercial transactions, materials, products and services therein, is solely at your own risk. You also understand and agree that myBlueprint's Privacy Policy is applicable only while you are using our Services.  Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information. 

12. Use of our Site, App and Services

(a) We expect that you will access and use our Site, App and Services in a professional, responsible and business-like manner in accordance with applicable laws and treat all users of the Site, App and Services (the "Users") lawfully and respectfully when posting User Content and interacting with Users through the Site and Services.  By using our App or Services, you have the opportunity to engage in dialogue with representatives of myBlueprint if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively "Suggestions") that you communicate to us so long as any such Suggestions, User Content, or interaction is not obscene, illegal, threatening, defamatory, libelous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.

(b) You are not obligated to provide us with Suggestions regarding our Site, App or Services. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.  

(c) You further agree that you must use our Site, App and Services for lawful purposes only and represent and warrant that you will not use our Site, App and Services to

(i) e-mail, provide us with or otherwise transmit any Suggestions or User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

(ii) e-mail, provide us with or otherwise transmit any Suggestions or User Content that infringes, misappropriates, or otherwise violates any third party's copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;

(iii) remove any proprietary notices or labels, or any promotional or advertising material, from our Site, App and Services; 

(iv)  e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(v) impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;

(vi) upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site's infrastructure or limits the functionality of any myBlueprint or third party computer hardware, software, networks, or hardware or telecommunications equipment;

(vii) interfere or attempt to interfere with or disrupt our Site, App or Services including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site, App and Services;

(viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;

(ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site, App and Services or any User Content;

(x) modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Services  (except as may be expressly permitted in these Terms of Use), including but not limited to any portion of our Site or App;

(xi) Collect, store, distribute, post, revise or delete any User Content or other personal information of other Users without their express consent;

(xii) Transmit any Information or User Content known by you to be false, inaccurate or misleading; or

(xiii) Transmit any Information or User Content that is intimate, private or that you would not want the public to view or have access to.

13. Disclaimer of Warranties/Limitation of Liability

(a) You understand that we will use commercially reasonable efforts to provide our Site, App or Services but we cannot and do not guarantee or promise any specific and intended results from the use of our Site, App or Services. You also understand that any information in our Documentation is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our Documentation, App and Services will be at your own risk and that you must evaluate and bear all risks associated with the use of our Documentation, App and Services. Any opinions and comments in User Content represents the views and opinions of the person that posted such User Content and in no way represent the views and opinions of myBlueprint.

(b) We cannot and do not guarantee or promise any specific and intended results and benefits, including but not limited to financial or commercial, from the use of our Site, App or Services.  You acknowledge that any use of our Site, App or Services will be at your own risk. you are solely responsible for any use of and results from using our services and site. your use of our services and site is entirely at your own risk.

(c) We do not warrant or represent that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties.  YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SITE, APP AND SERVICES.

(d) YOUR USE OF OUR SITE, APP AND SERVICES AND DOCUMENTATION IS AT YOUR OWN RISK. OUR SITE, APP, SERVICES AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE FOR OUR SITE, APP, SERVICES AND DOCUMENTATION.  WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE AVAILABILITY APPROPRIATENESS, COMPLETENESS, ACCURACY, OR CURRENCY OF OUR SITE, APP, SERVICES OR DOCUMENTATION.  FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT: (I) OUR SITE, APP OR SERVICES DO NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY; (II) OUR SITE, APP OR DOCUMENTATION WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE; (III) OUR SITE, APP OR SERVICES WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY; (IV) ANY DEFECTS IN OUR SITE, APP, SERVICES OR DOCUMENTATION WILL BE CORRECTED; (V) USER CONTENT WILL BE RESPECTFUL, APPROPRIATE, TRUTHFUL, ACCURATE OR IN FULL COMPLIANCE WITH THESE TERMS OF USE; AND (VI) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT.  OUR SITE, APP, SERVICES AND DOCUMENTATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE, APP, SERVICES AND DOCUMENTATION AT ANY TIME.  

(e) IN NO EVENT SHALL MYBLUEPRINT, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS ("ASSOCIATED PERSONS") BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OF OR RELIANCE ON ANY USER CONTENT OR THE INFORMATION PROVIDED BY US ON OUR SITE, APP, SERVICES OR STATED IN OUR DOCUMENTATION; (II) YOUR USE OF OR INABILITY TO USE OUR SITE, APP OR SERVICES; (III) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS; (IV) ANY FAILURE OF PERFORMANCE OF OUR SITE, APP AND SERVICES, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (V) THE UNAUTHORIZED USE OF YOUR ACCOUNT AND PASSWORD BY ANY PERSON; (VI) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES; (VII) YOUR USER CONTENT OR OTHER INFORMATION THAT YOU TRANSMITTED OR SHARED WITH OTHER USERS OR THE PUBLIC THROUGH OR IN CONNECTION WITH OUR SERVICE; OR (VIII) ANY OTHER MATTERS RELATING TO OUR SITE, APP, SERVICES AND DOCUMENTATION, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.

(f) WE DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnity

You agree at all times to defend, indemnify and hold harmless myBlueprint, its employees, contractors, agents, officers, directors,  successors and assigns (the "Indemnified Parties") from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site, App, Services, our Documentation or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Services.

15. System Security

You are prohibited from using any services or facilities provided in connection with our Site, App or Services to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.  myBlueprint reserves the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing myBlueprint to disclose the identity of anyone believed to be violating these Terms of Use. 

16. Applicable Law

These Terms of Use and any action related thereto or related to our Site, App, Services or Documentation shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws.  The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement.  You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of our Site, App, Services or Documentation will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.  Your use of our Site, App, Services or Documentation is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site, App, Services or Documentation in any such circumstances.

17. Termination

You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use our Site, App, Services or Documentation.  You agree that this agreement can only be terminated by you once you have stopped using our Site, App, Services and Documentation. myBlueprint reserves the right to suspend or terminate your use of our Site, App, Services and Documentation and remove any User Content from the Site, App and Services at any time, for any reason, with or without cause, without prior notice or explanation, if myBlueprint believes that you are violating these Terms of Use in any way. If you wish to terminate your account, you many choose to cease your use of the Site, App, Services or Documentation or to send myBlueprint notification by e-mail at privacy@myblueprint.ca. If you are dissatisfied with our Site, App, Services or Documentation, including these Terms of Use, your sole remedy is to discontinue using our Site, App, Services and Documentation. 

18. Entire Agreement

Except where you or your School have entered into a specific agreement with myBlueprint, these Terms of Use and any other legal notices, policies and guidelines of myBlueprint linked to these Terms of Use constitute the entire agreement between you and myBlueprint relating to your use of our Services and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on our Site.

19. No Agency; Third Party Beneficiary

myBlueprint is not your agent, fiduciary, trustee, or other representative.  Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use.  These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and myBlueprint.

20. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of myBlueprint.

21. Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

22. No Waiver

myBlueprint will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by myBlueprint.  No delay or omission by myBlueprint in exercising its rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  myBlueprint's failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of myBlueprint's right to subsequently enforce such provision or any other provisions of these Terms of Use.  

23. Headings

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.

24. Last Modified

These Terms of Use were last modified on February 20, 2020.

© 2020 Doublethink Inc.

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