Acceptance of these Terms is a Condition of Your Participation in MDL Services and Programs. Please read these Terms of Service (the “Terms”) carefully before you create an account. “MDL” means the website located at MagnifyDiscoveryLab.com and offerings described there from time to time, your MDL account, and any associated services, programs, training, courses, software, applications, data, events, or content made available for free or for a fee by MDL in connection to them.
This is a Binding Agreement. These Terms are a binding agreement between you and MDL. By opening an account with MDL you agree to these Terms.
Revisions to Terms. We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to the Terms will be effective when posted. If you object to any changes to the Terms you may discontinue using MDL’s services.
MDL Accounts, Passwords, Security. You are responsible for any activity that results from use of your password or log in credentials. You represent and warrant that all information provided by You to MDL will be true, accurate, current and complete. You agree and waive any claim against MDL for any loss or damage related to unauthorized access to your account or unauthorized use of your password or log in credentials.
Fees, Tuition, Payments and Refunds. You agree to pay for all MDL Services that you purchase. You agree and authorize MDL to charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments, which may include recurring payments. Fees and payments are subject to any applicable sales, value-added, or other taxes. Charges will occur within a reasonable time of the transaction or shortly thereafter. Disputed fees or charges must be disputed in writing within thirty days of the charge.
Information, Data, and Content Given to Trainers. Your course trainers may ask for information, such as your e-mail address to help facilitate delivery of MDL Services. Trainers should only use this information to communicate with you about MDL Services in a professional and responsible way. You agree that we are not responsible for any use of this information by a trainer for any other purpose and You will report any improper use of such information immediately to us at firstname.lastname@example.org. Any other material You give to your trainer such as course submissions, feedback, ideas, or content you create can be used by MDL in its sole discretion in order to promote or improve MDL Services or any other purpose and you grant us a free, perpetual, worldwide unlimited license to use that content for any purpose without attribution or compensation to you.
You Are Granted a Very Limited License to Use MDL Services and MDL Content, For Personal Use Only. You are authorized to access and use MDL Services and MDL Content only in association with buying or using MDL Services and subject to these Terms. This right is personal to You and not transferable. Other than as specifically authorized herein you are not licensed or permitted to use the Services or the Content for any purpose except as expressly permitted herein. Any and all other uses are unlawful and prohibited.
Ownership and Use of MDL Services and Content. MDL or its suppliers own all content, information and data that we create or make available to you as part of MDL Services.
MDL Trade Marks. You cannot use or display the MDL trademark without our advance written approval.
MDL’S Use of Your User Content and Participant Work. You grant MDL a perpetual, transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your user content for any purpose without compensation to You, including for the purpose of promoting MDL. You waive any rights You may have regarding Your user content being altered or manipulated in any way that may be objectionable to You. We reserve the right to refuse to accept, post, display, or transmit any user content in our sole discretion. The foregoing is subject to any applicable privacy laws, regulations, and policies. If You are an educator, the license granted above is also applicable to any content you create for the purpose of your course (such as course materials, slides, examples, challenges, charts, diagrams, work-sheets, templates, and so on) that you post or use in association with providing your services as an educator.
You Acquire No Ownership of Others’ Content. Except as provided within these Terms, you may not copy, modify, communicate, host, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the MDL Services including MDL Content.
You Represent You Have Rights to the Content You Post. You represent and warrant to MDL that: (i) you own or are authorized to use any content posted by you on or through MDL Services; (ii) the posting and use of Your User Content on or through MDL Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on MDLServices does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the MDL Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Electronic Communications. By using MDL Services or providing any personal information to MDL, You agree and consent that MDL may communicate with you electronically regarding your use of MDL Services including promoting or making you aware of MDL offerings, new services and products. To withdraw your consent to receiving electronic communications from MDL you may e-mail email@example.com.
Suggestions and Submissions. We appreciate your comments, feedback and input. However, if you send us ideas or content, we can use it without compensating you and by submitting such content you grant us the unrestricted right to use such content for any purpose or use, including commercial uses, without compensation to you.
User Content Disclaimers, Limitations, and Prohibitions. You are responsible for your actions when using and relying on MDL Services or MDL Content. MDL does not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users or MDL Content. You accept that any reliance on such material is at your own risk. By using MDL Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
Breach or Violation of These Terms Will Result Legal Action and Suspension of your use of MDL Services or Content. We reserve the right in our sole discretion to suspend or terminate your account and access to MDL Services and facilities for any reason, at any time. We reserve the right to refuse to provide MDL Services to you in the future for any reason.
Released Parties Defined. “Released Parties” include MDL and its owners and affiliates and their officers, directors, employees, agents, contractors, service providers, partners, educators, and licensors.
MDL DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF MDL SERVICES IS AT YOUR SOLE RISK, AND MDL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH MDL SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, SAFETY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) MDL SERVICES WILL MEET YOUR REQUIREMENTS, (II) MDL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MDL SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH MDL SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN MDL SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MDL SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION. MDL and its owners and affiliates, and their officers, directors, employees, agents, contractors, service providers, partners, educators, and licensors are not liable for anything that happens to you that may be connected to your use of MDL Services. You may be responsible for our legal fees and costs arising out of your use of MDL Services or any breach by You of these Terms and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE MDL SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MDL SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF MDL SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON MDL SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO MDL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, MDL AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MDL SERVICES OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) WILL NOT EXCEED GREATER OF $100 OR THE VALUE OF SERVICES ACTUALLY PAID FOR BY YOU RELATING TO THE CLAIM.
You agree to defend, indemnify, and hold harmless the MDL and its owners, officers, directors, affiliates, suppliers and licensors from and against any claims, actions, or demands from You or any third party, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of MDL Services, (ii) your use of or reliance on any third party or MDL Content, or (iii) your breach of these Terms.
Publicity. You consent to the use of your name, image, and likeness by MDL for marketing and promotional purposes associated with MDL Services in any format without any compensation or consideration. If you are an enterprise or corporate client of MDL, this shall include use of your corporate name, logo, or trademark and use of any individual participant’s name, image or likeness unless we are notified otherwise in writing in advance of your use of MDL Services.
General. These Terms and any additional written agreements or terms agreed between MDL and You regarding your purchase and use of MDL Services constitutes the entire agreement between you and MDL concerning your use of MDL Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. “MDL” as used in these Terms means any or all of Magnify Digital Inc. and its affiliates as referred to in these terms as may be applicable to You and your purchase or use of or participation in MDL Services.
Applicable Law, Waiver of Jury Trial or Class Action, Arbitration; Local Policies, Regulations or Laws. These Terms and the legal and contractual relationship between you and MDL shall be exclusively governed by the laws of the Province of British Columbia. Should there by a disagreement or a dispute between the parties hereto with respect to this Agreement or the interpretation thereof, the same shall be referred to a single arbitrator pursuant to the Commercial Arbitration Act of British Columbia, and the determination of such arbitrator shall be final and binding upon the parties hereto.
SECURITY AND PRIVACY
YOUR PERSONAL INFORMATION
Customer service is important to us. To continually improve your experience, provide you with valuable content, and inform you of news related to Magnify Digital Inc., we collect information including email addresses, domain names and any other information you may volunteer. To notify customers of new product launches, services and upcoming events, our marketing team may use personal information collected by www.magnifydiscoverylab.com. If you would prefer not to receive any marketing material please email your request to firstname.lastname@example.org. It’s our policy not to sell, rent or forward our customers’ personal information to any third party unless we are legally obliged to do so or you give us your written consent.
CHANGES TO SECURITY & PRIVACY STATEMENT
If we modify our security & privacy statement, we will post the changes on this page. You are encouraged to check back often for changes. In the unlikely event of a material change to the way we use your personal information, we will contact you by email and wait for your consent.
If you have any questions or comments about our Security & Privacy Statement, please contract us by email, email@example.com.