Terms of Use

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Clearport Website Terms of Use

Effective: May 2021

By using the website, you agree to be bound by and to comply with these terms of use on your behalf or on behalf of the entity or organization that you may represent, as updated from time to time in accordance with section 3 below. If you do not agree to be bound by and to comply with these terms of use, your sole recourse is to leave the website immediately. If you are using the website on behalf of another person or on behalf of an organization or a corporate entity, you represent and warrant that you have the authority to bind such person, organization, or entity to these terms of use.

Clearport-Terms of UsePlease read on this website these Terms of Use, Clearport’s Privacy Statement and Clearport’s Privacy Policy. Together with any other policies and terms and conditions referred to in these Terms of Use, they are an agreement between you and us (the “Agreement”).

These terms of use (the “Terms of Use”) and the Agreement govern your use of this website, located at www.clearport.ca (the “Website”), either on your behalf or on behalf of the entity or organization that you may represent. In the Agreement between you and Clearport International Inc. and in these Terms of Use, Clearport International Inc. is referred to as “Clearport”, “us”, “we”, and “our”; the term “you” refers to the person or entity accessing, visiting, browsing, or otherwise using the Website (“use” or “using” in these Terms of Use are used indistinctly and mean the same).

1.  Permitted Use; Student Terms, Worker/Job Seeker Terms, Investor/Business Terms, SRT, and Employer Terms

The Website is provided solely to make available to you information about Clearport, the Clearport solutions (both online and offline) and the services provided by us either directly or through third-party allies, as well as general information (the “Permitted Use”). You may use the Website subject to and in accordance with these Terms of Use.

If you are a student, a job seeker (a worker looking for a job), an investor, a business company, or an employer, the applicable terms and conditions accessible via the Website and any registration or application pages of the Website require that you review and agree to specific terms and conditions (the “Student, Worker/Job Seeker, Investor/ Business, SRT, and Employer Terms”) governing the Website and the services we offer, including, without limitation, the Student, Worker/Job Seeker, Business/Investor, SRT, Employer, and any other specific areas of the Website that require that you log in to a particular Clearport solution, whether provided by Clearport or by a third party.

If there is any conflict between the Student, Worker/Job Seeker, Investor/ Business, SRT, and Employer Terms and these Terms of Use, the previous aforementioned Terms will take precedence to the extent of any conflict.

2.  Content

You may download, print and reproduce certain information, material or content (including, pricing, features, promotion and information of third parties) contained on or provided through the Website (defined as the “Content” in these Terms of Use and other terms and conditions) for your informational purposes only, provided you agree to maintain any and all copyright, trade- mark or other proprietary notices contained in such Content, and agree to cite the URL source of such Content. Reproduction, in whole or in part, of multiple copies of the Content for resale or distribution is strictly prohibited, except with the prior written permission of Clearport.

3.  Changes to these Terms of Use and Website

Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued access to, or your use of, the Website after any changes to these Terms of Use indicates you accept such changes. It is your responsibility to review these Terms of Use regularly. Clearport reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.

The information we may provide on partner schools, organizations, employment opportunities, employers, assessments, or government programs, may change at any time and may not be accurate at the time of your viewing of such information on the Website, as we do not control the partner schools, organizations, employer, government nor assessment websites, offerings, or programs.

We reserve the right to change any information, material, image, text, data, media, or other content contained on or provided through the Website including, without limitation, the “look and feel” of the Website at any time, and from time to time, with or without notice.

Your only right regarding any dissatisfaction with:

(a) these Terms of Use;

(b) any policy or practice of ours in operating the Website; or

(c) any Content,

is to stop visiting and using the Website.

4.  Ownership

The Website and the Content, including, without limitation, all designs, graphics, pictures, illustrations, software, systems, processes, artwork, videos, music, sounds, names, words, titles, phrases, logos, trademarks, service marks and trade names displayed on the Website, and on the third-party solutions accessible through the Website, are owned or licensed by Clearport or (in the case of third-party solutions accessible through the Website) by the rightful third-party owners, and are protected by copyright, trademark and other intellectual property laws.

We (and the third-party solutions accessible through the Website) expressly reserve all rights pertaining to the Website and such third-party solutions, including, without limitation, the Content, that are not specifically granted to you. You acknowledge that all right, title and interest in the Website, including without limitation the Content and third-party solutions, all other derivative work thereof, and all intellectual property rights therein will remain with us or our third-party suppliers, as applicable. All contents of the Website are: © 2020 Clearport, or subject to a different © Clearport date.

5.  Privacy Policy

By continuing to use the Website, you are giving your implied consent to, and you agree that you have reviewed, our current Privacy Statement, Cookie Policy and Privacy Policy (available on this website), which contain important information about our practices in collecting, storing, using and disclosing your personal information, and which are hereby incorporated into, and form part of, these Terms of Use, the Agreement, and any other terms of use that you may be required to enter into in your capacity as a Student, a Worker/Job Seeker, an Investor, a Business Company, or as an Employer.

6.  Third-Party Websites and/or Solutions

The Website may provide links to third-party websites and/or solutions, including, without limitation, those of affiliated schools, affiliated organizations, affiliated assessment providers, affiliated search and application platforms, or government entities. These links are provided solely for your convenience and for the convenience of other users of the Website.

Although we carefully select our affiliates, we do not endorse the information, products or services described on any third-party websites or solutions, nor we guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non- infringement, merchantability, or fitness for any purpose.

The links that we might place on the Website do not imply that we sponsor, or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on, or accessible through, such sites, except where expressly indicated as such by us. The content in any linked website is not under our control and does not form part of the Website, and if you choose to access any such third-party website or solution, you do so entirely at your own risk.

7.  Viruses

The downloading and viewing of Content are done at your own risk. We cannot and do not guarantee or warrant that the Website or the Content are compatible with your computer system or that the Website or the Content, or any links from the Website or the Content, will be free of viruses, worms, trojan horses, or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of the Website.

8.  Disclaimer

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, including, without limitation, any implied warranties or conditions of merchantable quality, fitness for a particular purpose, and non-infringement of THIRD-PARTY rights.

Without limiting the generality of the foregoing, Clearport does not warrant that the website or content will be accurate, complete, or up-to-date, or that defects, inaccuracies, or errors on the website will be identified or remedied. THE INFORMATION ON THE WEBSITE IS NOT INTENDED TO BE IMMIGRATION ADVICE; ANY SUCH PROFESSIONAL IMMIGRATION ADVICE WITH RESPECT TO ANY VISA OR OTHER IMMIGRATION-RELATED APPLICATION YOU MAY PURSUE SHOULD BE OBTAINED FROM A REGULATED CANADIAN IMMIGRATION CONSULTANT. REGULATED CANADIAN IMMIGRATION CONSULTANTS ARE AVAILABLE IN- HOUSE FROM CLEARPORT INTERNATIONAL INC., UNDER SPECIFIC CONSULTATION AND RETAINER AGREEMENTS.

9.  Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought in connection with or as a result of:

(a) your breach of any provision of these Terms of Use or any documents referenced herein;

(b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or

(c) your use of the Website or the Content (including, without limitation, your use of the Website in connection with any immigration activities).

10.  Governing Law and Jurisdiction

These Terms of Use will be governed by and construed under the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein. You hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Terms of Use.

In construing, interpreting, and enforcing this Agreement, choice of law principles will not apply. The Website may only be accessed in jurisdictions where it may be lawfully offered for use. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada in all disputes arising out of or relating to the use of the Website and these Terms of Use.

11.  Entire Agreement, Waiver and Severability; Other Provisions

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision will be severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use, the Privacy Policy, the Cookie Policy, the Privacy Statement, and to the Student, Worker/Job Seeker, Investor/Business, SRT, and/or Employer Terms, and any and all other legal notices or statements posted on the Website from time to time, constitute the entire agreement between you and Clearport regarding the use of the Website, including the Content. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

12.  English Language

It is the express will of you and us that these Terms of Use and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

13.  Contact

If you have any questions or comments regarding these Terms of Use, please contact us using the Contact Form available here.

Other relevant information:

 

 



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