Terms and Conditions for using this site

The Gabriela Mistral Latin American Society (“THE SOCIETY“) provides the GABRIELAMISTRALSCHOOL.CA web site including GABRIELAMISTRALSCHOOL.CA Home Page and other GABRIELAMISTRALSCHOOL.CA content (collectively, the “GABRIELA MISTRAL SITE“) subject to your compliance with the terms and conditions below.

PLEASE READ THIS BEFORE ACCESSING THE “GABRIELA MISTRAL SITE”. BY ACCESSING “GABRIELA MISTRAL SITE”, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE “GABRIELA MISTRAL SITE”.

By accessing the GABRIELA MISTRAL SITE, you agree to be bound by the terms and conditions listed below:

1. Rules. While visiting the GABRIELA MISTRAL SITE, you may not:
   1. Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the GABRIELA MISTRAL SITE in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the GABRIELA MISTRAL SITE or the Internet;
   2. Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; or
   3. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the GABRIELA MISTRAL SITE which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
2. Linked Sites. Any sites to which the GABRIELA MISTRAL SITE provides links are operated by independent parties and are not under the control of THE SOCIETY. There is no agency, employee or partnership relationship among THE SOCIETY and any of these third parties and they have no authority to bind THE SOCIETY. Any reference describing THE SOCIETY and any linked site as “partners” is colloquial only and does not represent a legal relationship.
3. Monitoring. THE SOCIETY has no obligation to monitor the GABRIELA MISTRAL SITE. However, you agree that THE SOCIETY has the right to monitor the GABRIELA MISTRAL SITE electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the GABRIELA MISTRAL SITE properly, or to protect itself or its users. THE SOCIETY will not intentionally monitor or disclose any private electronic-mail message unless required by law. THE SOCIETY reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these terms and conditions.
4. No Warranty. THE SOCIETY assesses the products and services offered by the GABRIELA MISTRAL SITE and believes that these products and services are appropriate and valuable to THE SOCIETY’s customers. THE SOCIETY does not, however, guarantee any products or services provided by the GABRIELA MISTRAL SITE. Pricing contained on the site is subject to change without notice.
5. Limitation of Liability. You expressly acknowledge and agree that the GABRIELA MISTRAL SITE and its content is provided to you “as is” and “as available” and THE SOCIETY, including its affiliates, related companies and suppliers, disclaims all warranties of every kind, whether express or implied, statutory or otherwise. THE SOCIETY explicitly disclaims any representation, warranty, or condition of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights, uninterrupted or error-free service, or inter-operability of products and services, whether arising by usage of trade, course of dealing, course of performance, statute, or otherwise. You expressly acknowledge and agree that all use of the GABRIELA MISTRAL SITE is at your own risk. THE SOCIETY takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the GABRIELA MISTRAL SITE. Further, THE SOCIETY makes no representations about the suitability of any of the information contained in the documents and related graphics on the GABRIELA MISTRAL SITE for any purpose and it is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through this service or on the Internet generally. In no event shall THE SOCIETY be liable to you or any party claiming through you for any damages or loss whatsoever, including special, indirect, or consequential (including, but not limited to damages for loss of profits, business interruption, loss of programs, or information or the like) damages, arising out of or in connection with the use or performance of the GABRIELA MISTRAL SITE or its content, products or services available on or through the GABRIELA MISTRAL SITE. This limitation applies regardless of the form of action, whether based on warranty, contract, tort, or other legal theory.
6. Computer Viruses, Destructive Programs or Unauthorized Content. Although THE SOCIETY has taken reasonable precautions to prevent unauthorized entry and alterations of the GABRIELA MISTRAL SITE, no system is fool proof. Therefore, THE SOCIETY assumes no responsibility with respect to any computer viruses, destructive programs, or unauthorized content that may be inadvertently downloaded from, or purposely inserted into, the GABRIELA MISTRAL SITE.
7. Recourse. If you are dissatisfied with the GABRIELA MISTRAL SITE or with any terms, conditions, rules, policies, guidelines or practices of THE SOCIETY in operating the GABRIELA MISTRAL SITE, your sole and exclusive remedy is to discontinue using the GABRIELA MISTRAL SITE.
8. Indemnity. You agree to defend, indemnify and hold THE SOCIETY and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms and conditions by you or users of your account, or in connection with the use of the GABRIELA MISTRAL SITE or the Internet or the placement or transmission of any message, information, software or other materials on the GABRIELA MISTRAL SITE or on the Internet by you or users of your account.
9. Intellectual Property. All the GABRIELA MISTRAL SITE content (the “Elements”) such as, without limiting the generality of the foregoing, the texts, articles, documents, worksheets, programs, photos, illustrations, images, videos and audio materials, are protected by domestic and international copyright and trademark laws and are the property of THE SOCIETY and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of THE SOCIETY or the copyright holder. You are allowed to post or download the site Elements, but solely for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on the GABRIELA MISTRAL SITE are trademarks which were registered or not by THE SOCIETY or third parties. Nothing herein shall be interpreted as allowing, directly or indirectly, the use of copyright material or a trademark reproduced on the GABRIELA MISTRAL SITE without the prior written approval of the owner. All rights not expressly granted herein are reserved.
10. Territory. The GABRIELA MISTRAL SITE originates in Canada.
11. Miscellaneous. These terms and conditions, including any and all documents referenced herein, constitutes the entire agreement between THE SOCIETY and you pertaining to the subject matter hereof. THE SOCIETY’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these terms and conditions were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. These terms and conditions shall be governed by and construed in accordance with the applicable laws of the province of Alberta and the federal laws of Canada applicable therein. The parties submit to the jurisdiction of the courts located in Alberta for the purposes of these terms and conditions. The parties have required that these terms and conditions and all documents relating thereto be drawn up in English.