Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SERVICE. BY USING THE SERVICE THE USER IS AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU ARE AGREEING TO THESE TERMS OF SERVICE ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THESE TERMS OF SERVICE ON YOUR EMPLOYER’S BEHALF.

These terms of service are between Enrollment Resources, Inc., a British Columbia Corporation (ER), and the user agreeing to these terms (User).

  1. SOFTWARE SERVICE

    These terms of service provide User access to and usage of an Internet-based software service (Service).

  2. USE OF SERVICE

    1. User Owned Data. All data uploaded by User to the Service remains the property of User, as between ER and User (User Data). User grants ER the right to use the User Data solely for purposes of performing under these terms of service.
    2. User Responsibilities. User (i) must keep its passwords secure and confidential; (ii) is solely responsible for User Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify ER promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s user guide and applicable law.

  3. WARRANTY DISCLAIMER

    Warranty Disclaimer. The Service is provided ‘as is’ without warranty. ER disclaims all warranties, including, without limitation, the implied warranties of merchantability, title, and fitness for a particular purpose. While ER takes reasonable physical, technical, and administrative measures to secure the Service, ER does not guarantee that the Service cannot be compromised. User understands that the Service may not be error free, and use may be interrupted.

  4. MUTUAL CONFIDENTIALITY

    1. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). ER’s Confidential Information includes, without limitation, the Service, its user interface design and layout, and pricing information.
    2. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of these terms of service. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with these terms of service and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of these terms of service.
      • Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.

  5. ER PROPERTY

    1. Reservation of Rights. The software, workflow processes, user interface, designs, templates, and other technologies provided by ER as part of the Service are the proprietary property of ER and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with ER. User may not remove or modify any proprietary marking or restrictive legends in the Service. ER reserves all rights unless expressly granted in these terms of service.
    2. Restrictions. User may not (i) sell, resell, rent, or lease the Service or use it in a service provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful, or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or its related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function, or graphic for competitive purposes.
    3. Aggregated Data. During and after the term of these terms of service, ER may use and owns all anonymized data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support, and other business purposes.
     

  6. TERM, CHANGE, AND TERMINATION

    1. Term. These terms of service continue until terminated pursuant to this Section 6.
    2. Change and Termination. User understands and agrees that the form, nature, and content of the Service and these terms of service may change from time to time with prior notice to User. User’s access to the Service will terminate upon notice from ER.
     

  7. LIABILITY LIMIT

    1. Exclusion of Indirect Damages. ER is not liable for any indirect, special, incidental, or consequential damages arising out of or related to these terms of service (including, without limitation, costs of delay; loss of or unauthorized access to data or information; and lost profits, revenue, or anticipated cost savings), even if it knows of the possibility of such damage or loss or if the damage or loss is foreseeable.
    2. Total Limit on Liability. ER’s total liability arising out of or related to these terms of service (whether in contract, tort, or otherwise) does not exceed $100.
     

  8. GOVERNING LAW AND FORUM.

    These terms of service are governed by the laws of the Province of British Columbia, Canada (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of these terms of service. Any suit or legal proceeding must be exclusively brought in the federal or state courts for the Province of British Columbia, Canada and User submits to this personal jurisdiction and venue. Nothing in these terms of service prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.

  9. OTHER TERMS

    1. Entire Agreement and Changes. These terms of service constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. User is not relying on any representation concerning this subject matter, oral or written, not included in these terms of service. No representation, promise, or inducement not included in these terms of service is binding.
    2. No Assignment. User may not assign or transfer these terms of service to a third party.
    3. Independent Contractors. The parties are independent contractors with respect to each other.
    4. Enforceability and Force Majeure. If any term of these terms of service is invalid or unenforceable, the other terms remain in effect. Neither party is liable for events beyond its reasonable control, including, without limitation, force majeure events.
    5. Money Damages Insufficient. Any breach by a party of these terms of service or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
    6. Feedback. If User provides feedback or suggestions about the Service, then ER (and those it allows to use its technology) may use such information without obligation to User.