Inspiring curiosity and imagination

TERMS OF USE AGREEMENT

GENERAL

This Terms of Use Agreement should be read together with the Company’s Privacy Policy, which forms a part of this policy. Since Linklearn.ca reserves the right in its sole discretion to modify this Terms of Use Agreement at anytime, we encourage you to refer to this policy and the Privacy Policy on a frequent basis so that you understand our policies then in effect. Parents should also read our Minor’s Use Agreement found near the end of this document.

As used in this Agreement, “you” means the natural person, include organizations, institutions (“Clients” “Third Party”) who is interacting with the Site’s or linked to linklearn.ca solutions Linkonlearning.com sites, or SMCI contracted implemented linked dotcom sites (hereinafter “linked sites”) registration process and clicks “I accept” or the person who is browsing this Site as an unregistered user.

When you click on the “I agree” button on the user registration, you are entering into a legal contract with Linklearn.ca in which you agree (and, if you are a teacher, media specialist or other authorized school representative, company representative entering this Agreement on behalf of your school, student, institution, company or government, or other organization, herein referred to as “the organization”, the organization also agrees) to abide by this Agreement in all respects and to become a “Registered User”. If you do not agree to be bound by this Agreement, you are prohibited from registering for or using any services of the Site.

This Agreement applies to all users of the Site and “linked sites”, including, but not limited to the following: using lessons or instruction pages, participating in chat rooms, bulletin boards, or using email, search engines, subscription services, or other services offered on the Site (the “Services”). The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.

The use of our website, a login, use of our programmes, courses indicates that the student and/or parent/guardian/institution/organization/”Client”/”Third Party” accept these aforementioned policies, terms of use and general terms. Note your continued use of the website shall signify your acceptance of any of the services offered and constitutes your binding consent to all such terms, conditions, and notices to be bound by all, including the latest terms and conditions. The Agreement enables the owner of the Site, SMC Inc. owned Linklearn, to offer services.

TRADE-MARKS

Linklearn.ca, Linklearn are trademarks owned and controlled by Sanctemarce Canada Inc., (SMCI) doing business under the name of Linklearn.ca and Linklearn. Other names, words, title, phrases, logos, drawings, graphics, icons and trademarks posted on the Website may constitute trademarks of Sanctemarce Canada Inc.or of a third party. Nothing on the Website shall be construed as granting any licence or right of use of any logo, drawing or trademark of Sanctemarce Canada Inc its Linklearn.ca. or a third party. License for the use of Linklearn is granted by written clearance, for the sole purpose of promoting Linklearn.ca and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way Linklearn marks. Licensees shall not reproduce, use, or authorize the reproduction or use of Linklearn’s marks in any manner other than expressly authorized by Linklearn. Linklearn marks may not be combined with those of another company. Any use of the Linklearn marks that implies a relationship with or endorsement by Linklearn is strictly prohibited. Linklearn has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of Linklearn marks. The following statement must accompany the use of Linklearn trademarks and logos: “is a registered trademark or trademark of SMCI.”

TRADEMARK NOTICE

Linklearn’s trademarks and logos are owned by Sanctemarce Canada Inc. All other trademarks and logos used on Linklearn.ca are the trademarks and logos of their respective owners.

COPYRIGHT

This website and related database includes copyright-protected work. Contents of this website/database are protected by copyright, and are reproduced in this website/database under contract. The contents of this website/database are intended for the private, use by individuals and contracted educational institutions only. Any commercial use of the website/database, in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright protected work.

Users may, subject to Terms of Use, print or otherwise save individual pages for private use. However, the contents of this website/database, including the Content, may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include “database scraping”, “screen scraping” and any other activity intended to collect, reorganize, and store or manipulate data on the pages produced / displayed on the websites.

This website may allow users to send messages to other persons, including other users and members. The user agrees not to use this website to provocatively, harass or abuse, send spam or other unwanted communications, or send unlawful, libellous, obscene, discriminatory or otherwise objectionable messages including message that:

1. Misappropriate, infringe, or violate any intellectual property or other rights of any third- party,
2. May construe as defamatory, harmful to minors, obscene or child pornographic,
3. Include potential of any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information that might be protected,
4. Mislead falsely or are potentially inaccurate,
5. Include personal or sensitive data. Examples identity card or SIN card or social security number, passport number, driver’s license number, or similar identifier (or any portion thereof), a credit or debit card number; employment, financial or health information; any person’s ethnic or religious affiliation or sexual orientation; account passwords, any person’s date of birth, any person’s criminal history, or the user’s mother’s maiden name or question and answers codes that relate to secure access.

DESCRIPTION OF SERVICES

SMCI Linklearn.ca provides contracted “Clients” institutions and students, Elementary & Secondary educational courseware systems via Linklearn.ca and “linked sites”, utilizing proprietary software named Linklearn solutions Linkonlearning which is a pathway to exit awards from its partner associate institution.

Elementary

Via its website and “linked sites”, Linklearn provides online instruction pages, lessons and tests in Math, Reading, Writing, History, Social Studies, Science, Geography, Language Arts and Spelling for students from JK to Grade 8. Students also have access to Linklearn’s other Services which consist of Library, Report Card, Recess and Chat (which is defaulted to restrict access to the chat until a parent/guardian/teacher modifies their account). For a subscription fee based on the number of students enrolled and the period of time of their enrolment Linklearn offers you unlimited access to the K-8 online classroom and diagnostics.

You will also receive a username and password: one for a parent/administrator, and one for your student. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@Linklearn.ca.

Secondary

Via its website and “linked sites”, Linklearn provides institutions  and students online instruction consisting of online instruction pages, lessons and tests.  The fee is based on student enrolled /number of courses.

You will also receive a username and password. These are unique and provide and maintain a secure environment for you as a user. If you lose or forget your password, please contact support@Linklearn.ca.

The Elementary and Secondary systems, proprietary Linklearn solutions Linkonlearning software & courseware pathways are a feeder for “Client” student entry into exit grades and awards of SMCI associated, partner institutions only.

Colleges and Universities

Via its website and “linked sites”, Linklearn provides instruction pages, lessons and tests. The subscription fee is based on the number of students enrolled and the number of courses they are enrolled in.

You will also receive a username and password. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@Linklearn.ca.

Corporate

Via its website and “linked sites”, Linklearn provides online instruction consisting of online instruction pages, lessons and tests. The subscription fee is based on the number of students enrolled and the number of courses they are enrolled in and the types of services provided.

You will also receive a username and password. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@Linklearn.ca.

ACCESS TO LINKLEARN.CA

Linklearn grants you a limited non-transferable right to access the non-subscription area of Linklearn.ca at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing Linklearn.ca and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing Linklearn.ca and SMC INC. or Linklearn shall not be responsible for any of these things.

PRIVACY POLICY

The information we collect via the Website may include. Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc. In order to effectively process credit or debit card transactions it may be necessary for the bank or card- processing agency to verify your personal details for authorization outside the European Economic Area (EEA). Under no circumstances will we hold sensitive payment details such as your card number, expiry date and security code. All transactions are handled through our accredited merchant. (Refer to Sanctemarce Canada Inc., Linklearn’s privacy policy)

SMC Inc. Linklearn might correspond or communicate with parents, legal guardians of students under the age of 18. In addition, communicate with any student’s home school and applicable post-secondary institutions or organizations. Students over the age of 18 may or may not receive an email upon registration requesting permission to allow, communicate with third party individuals. Acceptance of our Terms of Use herewith offers permissions clearance in favour of SMC Inc. Linklearn to pursue such communication with or without notice to the student/applicant / candidate or any party.

DATA PROTECTION

What we do with your information – Any personal information we collect from this website will be used towards development of the student’s record and academic file. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Linklearn.ca, Sanctemarce Canada Inc, and any third parties connected to us expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any web sites linked to it and any materials posted on it.

PAYMENT SECURITY

Our site is protected. Payment details are secured while payment information is handled by Pay Pal. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. We are only liable for our fee.

PROCESSING

It is your responsibility to check you’ve provided the correct email address and essential requested data as this is the only method of confirmation we provide. If you have not received any, check your junk mail then please contact us at support@Linklearn.ca.

BILLING POLICIES

Linklearn will bill your credit card for your monthly, quarterly, semi-annual or annual subscription depending on the subscription plan you choose for the K-8 programmes. The membership automatically renews unless you cancel. Non-renewing plans are also available but must be selected at the time of purchase. Additionally at the end of each year, a Grade transcript fee is applicable to registered / enrolled students of Kindergarten to Grade 8. The student could apply to receive a certified Canadian Teacher signed transcript or report card (RC) at the end of each grade. To qualify for this document students need to have completed all of the offline assignments of the respective grade. The term completed includes submission or posting back of the assignment onto to the Linklearn system during the stated or prior to the end of that grade year or annual term of payment plan. An additional fee is applicable for the RC.

Grade 9 to Grade 12 programmes are billed at the start of enrolment per student per course. Enrolment Policy: A set schedule is attached to enrolment dates for a student to follow, however there may be no due dates (subject to the teachers discretion) to complete assignments within the predetermined completion dates of that course. The student may be able to start the course within 48 hours of registration. The course could be completed in 11 weeks with 10 hours of instruction totaling 110 hours.( This is subject to discretion of the school and will comply as determined by guidelines) A student subject to approval may be permitted to extend beyond the stated period, at a fee that will be applicable on approval. Fees set by SMC Inc. are non negotiable and include an administrative and processing fee.

Prerequisite Policy: Grade 9 to Grade 12 listed courses may require students to illustrate evidence of a completed prerequisite course. The applicant or the student would be required to submit copies of transcript/ report card that illustrates the evidence of prior learning and a successful completion of the prerequisite course. It may be scan, attach and emailed to support@Linklearn.ca Students need to include the following information on the subject line: – (“Registration and Prerequisite documents”) Student may register at any time and will be permitted access to a course, however subsequent course enrolment will be determined upon submission of prerequisite evidence or completion of the prerequisite. Student’s transcripts and academic record applications will be processed for delivery to the student only upon the prerequisite course completion is established.

“Clients” institutions and students right  to use the SMCI Linklearn systems is subject to Linklearn receiving payment via any mode or from your credit card. If payment is not received by Linklearn for any reason, Linklearn reserves the right to suspend or terminate the access.  No payment means No Access. You may cancel your subscription at any time provided that an auto renew plan has been in place for a minimum of two billing cycles. The cancellation will become effective at the start of the next billing cycle.

Should you fall behind in payment, you are still responsible for missed payments until proper written cancellation is received as outlined in this policy and Sanctemarce Canada Inc., Linklearn reserves the right to withhold transcripts receivable by the candidate / student until missed or outstanding payments are received in full.

Cancellation by email to support@Linklearn.ca which includes the following information on the subject line: “Cancel service for (full name of student(s)) at (full address used in account information)”.

REGISTRATIONS, CANCELLATION AND REFUNDS

Registration or signing up for a course or for a year via SMC Inc. Linklearn.ca indicates an acceptance to its and its affiliates, partners, associates (all) terms and conditions. Registrations of institutions & organizations (“Clients”) require an initiation, NDA & a contract. This contract provides the “Client” a courseware system license for the Elementary or the Secondary or both at a fee for the address /location stated in the contract. As a “Registered User” ”Secondary system” clientele receive documents from SMCI exit award partners/associates.

Registered students on the SMCI Elementary & Secondary courseware systems are solely to be transferred  into SMCI associated, partner institutions Grade 12 programme for the exit award. SMCI “Client” “Third Party” corporations or institutions would submit via fresh application verified, completed registration forms absolutely and solely in entirety for its student’s  entry exclusively into SMCI partner institutions. SMCI is investing significant resources in the course implementation and therefore “Client” “Third Party” agrees not to use any other systems other than “the vendor’s” courseware and associated Partner institutions Grade 12 exit awards.

Fees paid are non refundable and cancellations are NOT applicable for courseware access and implementations. Registration and payment confirmation is submission of acceptance of all terms of use and policies set out by SMC Inc Linklearn.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

SMC Inc. and its Linklearn.ca web site provide and intend to provide general information. SMC Inc. does not warrant the quality, accuracy, or completeness of any information on its website. SMC Inc. or Linklearn.ca does not accept any responsibility or liability for any loss or damage incurred as a result of relying on information contained on this website. Candidates, students, and others browsing the website with specific problems are advised to consult an appropriately-qualified professional to pre-empt any matters immediately.

You expressly agree that use of the Site and the Services is at your sole risk. Disclaimer of warranty applies in all provinces, states and jurisdictions in which such terms are valid and enforceable. Linklearn is not responsible for any information or content contained within interactive areas and makes no representations about the suitability of the information contained in the interactive areas for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or correctness.

You agree that your use of SMC Inc’s., Linklearn including any interactive areas is at your own risk. Linklearn nor its officers, directors, employees, affiliates, or agents warrant that Linklearn.ca will not be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Linklearn.ca or as to the accuracy, reliability, or content on Linklearn.ca.

Linklearn.ca is provided on an “as is,” “as available” basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event will Linklearn or SMC Inc., its directors, officers, employees, affiliates or agents be liable to you or any third party for any incidental, indirect, special or consequential damages (even if Linklearn.ca has been advised of the possibility of such damages), arising out of your use of or inability to use Linklearn.ca including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to Linklearn records, programs, or services. Because some provinces/states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces/states Linklearn liability is limited to the greatest extent permitted in this section.

Under no circumstances, including, but not limited to, negligence, shall Linklearn (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Site, the Site itself, or the Services. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Linklearn (any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of Linklearn (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees and agents)) to you exceed the amount paid by you to Linklearn during the twelve (12) months prior to any claim of injury or damage.

No Guarantee of Continuous Operation

Linklearn will use commercially reasonable efforts to maintain the security and operational integrity of the Site. However, numerous factors outside the control of Linklearn may interfere with the operation of the Site; and accordingly, Linklearn does not guarantee continuous, or uninterrupted access to the Services.

Release from Liability

You agree to release Linklearn and its officers, directors and employees from any and all claims, demands and damages (whether actual and/or consequential) resulting from or associated in any way with any user-supplied content or postings.

Right to Independent Action

SMC Inc., Linklearn reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of SMC Inc., Linklearn and eliminate or mitigate any potential liability or injury to any party which may arise.

No Waiver

The failure of Linklearn to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship or exclusive arrangement exists between you and Linklearn as a result of this Agreement or your use of the Site. Linklearn’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Linklearn’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Linklearn with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Linklearn with respect to the Site; and the Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Linklearn with respect to the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TERMINATION

The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of Linklearn in operating Linklearn.ca, its “linked sites” or any content, is for you to discontinue accessing Linklearn.ca. Linklearn in its sole discretion may terminate or temporarily suspend your access to all or any part of Linklearn.ca without notice, for conduct that Linklearn believes is a violation of this Agreement or any policies or guidelines posted by Linklearn, or for other conduct, which Linklearn believes is harmful to other users. Linklearn may discontinue operating Linklearn.ca and terminate this Agreement without notice at any time for any reason in its sole discretion. The following are terms of use violations, not allowed and will result in termination with or without notice; Transferring or sharing user id, passwords, Transferring students registered on the secondary courseware systems to  competitor schools for exit awards, Creating multiple accounts for the same user, same email and/or creating accounts with fake information that is not your real identity, Infringement on intellectual property rights, Non payment, Influencing staff, suppliers or clients of Linklearn for self benefits, behaviors or comments that are demeaning or illegal or that can be construed as hurtful or harmful to another. The above violations cause Linklearn harm. In addition to terminating system access it may result in civil and/or criminal proceedings.

SMC Inc. reserves the right, in its sole discretion, to terminate, limit or suspend any user’s access to this website without notice or liability, for any reason whatsoever, including the user’s breach of any of these Terms of Use.

LINKS TO THIRD-PARTY SITES

Through use of the Linklearn.ca website, you will have access to third party organizations, such as our associates, partners and billing company. Basic information, examples such as your name, email, address, academic record, and student data is shared with these organizations for the purpose of accessing and using their services. By accessing the websites or platforms of any third party organization through SMC Inc. Linklearn website, you are agreeing to the policies and procedures of that organization.

SMCI Inc. Linklearn website may also contain links to third-party sites (the “Third-Party Sites”) which may direct you away from Linklearn.ca, these links may be for your convenience or user’s reference. The Third-Party Sites are not under SMC Inc. Linklearn’s control and the links shall not be construed as approval or an endorsement of their content by SMC Inc., or Linklearn. SMC Inc. shall not be liable for the content of Third-Party Sites, the links they contain or any changes or updates made to them. SMC Inc. does not control such websites, it makes no warranty in that respect and is not responsible and will therefore not be accountable for their contents or the privacy or other practices.

MINOR’S USE AGREEMENT

a) As a member of Linklearn’s student community, Linklearn requires that students who are minors comply with the following rules and safety precautions:
b) Students will not give out personal information such as their address, telephone number, parents’ work address / telephone number, or the name and location of school without their parents’ permission.
c) Students agree to tell their parents right away if they come across any information that makes them uncomfortable.
d) Students agree to not meet in person someone they “meet” online without first obtaining permission from their parents. If parents agree to their children meeting in person an online acquaintance, as a safety precaution, that meeting will occur in a public place, and the mother or father will accompany the student. Linklearn does not recommend meeting online acquaintances as it poses potential danger to both minors and adults.
e) Students will not send their picture or any other thing to someone they meet online without first obtaining permission from their parents. All communication should be performed through secure means provided by Linklearn and only with express parental approval.
f) Students will not respond to any messages that are mean-spirited or make them feel uncomfortable in any way. If they do receive such a message, they will show and/ or tell their parents immediately so that they can contact Linklearn.
g) Students will talk with their parents so that appropriate rules for going online can be established. These following rules of going online should be decided together: the time of day that their children can be online; the length of time they can be online; and the areas appropriate for them to visit. A student will not access other online areas or break or bend rules set by their parents without their parents’ permission.
h) Students will not give out their Internet password to anyone (including their best friend) other than their parents.
i) Students will be good online citizens and not engage in behaviours or post comments that are mean-spirited or illegal or that can be construed as hurtful or harmful to another.

STUDENT’S USE AGREEMENT

a) Students will be guided by the same spirit evident in the Minor’s Use Agreement found above.
b) Students will not give their Internet password to anyone.
c) Students will be blameless online citizens and not engage in behaviours or post comments that are demeaning or illegal or that can be construed as hurtful or harmful to another.
d) Students will not respond to demeaning messages or messages make them feel uncomfortable in any way. If they receive such messages, they will contact Linklearn.

RE-TARGETING, COMMUNICATION AND SITE ENHANCEMENT

This website may permit validated third-party company, to serve ads and/or collect certain anonymous information when visitors use our website. Third party companies may use cookies or web beacons to collect non-personally identifiable information (e.g., click stream information, browser type, time and date) during your visit to this website in order to help show advertisements on other websites likely to be more interesting to you. (Behavioural advertising practice)

SMC Inc. may collect data via forms, emails to communicate and contact visitors of its site or to offer feedback to inquiries including create logs of users IP address for purposes of administration, understanding browser versions and tracking of its users. This serves to provide site related valuable data on parts of the site users are look at. This is one to improve the site towards enhanced user friendliness.

LANGUAGE

If these terms of use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

INDEMNITY

You hereby agree to, at your own expense, indemnify, defend and hold Linklearn harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to the following:
a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by user;
b) any fraud, manipulation, or other breach of this agreement by a user or users; and/or
c) any third-party claim, action or allegation brought against Linklearn or related company arising out of or related to the use of Linklearn.ca. Linklearn will have the right to participate in its defence and hire counsel of its choice, at your expense. User will not settle any action or claims on Linklearn’s behalf without the prior written consent of Linklearn.

NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Sanctemarce Canada Inc. Or Linklearn in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day- to-day activities of the other; neither party may create or assume any obligation on behalf of the other.

GOVERNING LAW

By using Linklearn.ca you agree to the above stated terms of use. This Agreement is entered into in the Province of Ontario and shall be construed in accordance with the laws of Ontario, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the province and federal courts having jurisdiction in the City of Newmarket in the Province of Ontario, Canada and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if Linklearn prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. Linklearn may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect.

You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

SURVIVAL OF TERMINATION

Parts of this agreement shall survive the termination or expiration of this Agreement.