Terms of Service
Brain 1st Program Inc. (“Brain 1st”) makes its innovative Brain 1st Program Package for Educators (“Brain 1st program”) available to school districts, schools, teachers, parents and other users through its website http://brain1st.ca
IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT WISH TO BE BOUND BY THE TERMS, THEN DO NOT REGISTER AS A MEMBER, CREATE A PROGRAM ACCOUNT OR ACCESS THE BRAIN 1ST PROGRAM OR USE THE WEBSITE.
Purpose and Content
The purposes of the Website are to: ;p>
(a) allow you to browse information regarding Brain 1st program on the Website;
(b) provide a portal for registered members to access the Brain 1st programs through their program account; and
(c) contact Brain 1st through the Website with questions or inquiries.
All information and Brain 1st program provided on the Website is not intended to be used for any other commercial purpose in any manner without the prior written consent of Brain 1st. Brain 1st reserves the right to terminate any relationship with users or potential clients that breaches these Terms, or our Privacy Statement, Privacy Code, or any of our policies, practices, and regulations. Registration and Program Accounts
In order to use our Brain 1st Program, you need to complete the registration process, agree to our online license and complete the set up of a program account.
To begin the process of registration and setting up of a program account, you simply click on register to begin the registration process and then follow prompts to select registration type, fill in the registration information which includes creating a user name, password and accepting our online license agreement. You will then be prompted to proceed to payment and a pop- up window will take you to our third-party payor, STRIPE, to complete the purchase information.
Once your program account has been activated, you will be able to access our Brain 1st program through your web browser.
Training and Support
There is a FAQ section in the member’s portion of the Website which provides guidance to users for our Brain 1st program. Each new user will receive an introduction email on instructions for use of our Brain 1st program. We also have a support page on our Brain 1st platform with specific questions and answers as well as an “intercom” service which provides real time answers within 12 hours to our users.
Use of the Website
In accessing and using our Website and Brain 1st program, you must not:
(a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Brain 1st program, use of the Website or Brain 1st program or access to the Website or Brain 1st program without the prior written consent of Brain 1st;
(b) sell, transfer, copy, distribute, redistribute, translate, reverse engineer, or recompile the Website or Brain 1st program without the prior written consent of Brain 1st;
(c) except as permitted in the Terms, use any frame or mirror of any content or images from the Website to any other server or Internet-based device or use any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any purpose without the prior written consent of Brain 1st;
(d) upload, download, post, email or otherwise distribute or transmit content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages on the Website or send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Website or Brain 1st program;
(f) use any information or material from the Website or Brain 1st program in any manner or use, post or engage in any activities that infringes a third party’s intellectual property or rights of publicity or privacy;
(g) use the Website or Brain 1st program to distribute to or otherwise disseminate any material or information of any kind that is libellous, inaccurate, profane, racist, intended to bully, harass, intimidate or harm, defamatory, obscene, sexually explicit, violent, pornographic, abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity;
(h) use the Website or Brain 1st program to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items;
(i) transmit any worms or viruses or any code of a destructive nature through the Website or Brain 1st program;
(j) deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access the Website or Brian 1st program;
(k) provide information or participate in activities that will result in the transfer to the Website of any viruses, Trojan horses, worms, corrupted files, hoaxes, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of the Website’s systems, programs, content, information or applications, or that may track or monitor Page | 3 functionality in connection with the Website or Brain 1st program, including, without limitation, to identify other users’ views, actions or other activities on the Website or Brain 1st program;
(l) directly or indirectly engage in activity, such as click throughs, in a coercive, misleading, malicious or fraudulent manner;
(m) bypass any measures that we have taken to restrict access to the Website or Brain 1st program without the prior written consent of Brain 1st;
(n) engage in activities that would interfere with the operation of the Website or Brain 1st program;
(o) impose an unreasonable load on the Website’s infrastructure that would affect the operation of the Website or Brain 1st program;
(q) advertise to, or solicit to buy or sell any products or websites through the unauthorized or impermissible use of the Website or Brain 1st program;
(r) circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Website or Brain 1st programs or to cover or obscure online advertisements or safety or security features of pages of the Website or Brain 1st program;
(s) modify, adapt or hack the Website or modify another website to falsely imply that it is associated with the Website or Brain 1st;
(t) attempt to impersonate another user, person or entity or Brain 1st representative in your use of the Website or Brain 1st program or attempt to sell or otherwise transfer your rights to another third party;
(u) use any computer program or system to mine or harvest information, including addresses or other data of users from the Website, for any purpose without the prior written consent of Brain 1st;
(v) post content that violates the Terms or disrupts or interferes with the security of, or otherwise abuse, the Website, Brain 1st program or system resources, accounts, servers, or networks connected to or accessible through the Website;
(w) access, tamper with or use non-public areas of the Website or disrupt or interfere with any other user’s enjoyment of the Website or Brain 1st program;
(x) knowingly disable any technology or tool embedded in the Website or Brain 1st program; and
(y) remove any copyright or other proprietary notices contained in the content on the Website or Brain 1st program, caption information, or any other material on the Website.
Commercial Electronic Messages (“CEMs”)
Brain 1st only sends CEMs, such as emails, in accordance with Canada’s Anti-Spam Legislation (“CASL”). Brain 1st does not permit any user of the Website to use the Website to send CEMs. Brain 1st does not permit users of our Brain 1st program to send CEMs in violation of CASL.
You can contact Brain 1st through the Website. In the event that you send a request, inquiry or complaint to Brain 1st through the Website, Brain 1st will respond in compliance with CASL. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry or complaint through the Website, this will not constitute consent for further CEMs and Brain 1st will only ever CEMs in accordance with CASL. You will only receive such CEMS if Brain 1st has received your express consent.
User Content, Third Party Websites or Use of Social Network Platforms
Our Website may provide opportunities for users to provide comments and feedback either directly on our Brain 1st platform or through feedback, surveys or our blog. Such user content may be used in our sole discretion to improve the quality of our Website or Brain 1st program. We reserve the right to remove any user content that breaches the Terms or the rights of any third party.
Our Website may contain links from other third-party websites and all such websites are independent of Brain 1st. Brain 1st has no control over these third-party websites and assumes no responsibility or obligations for such third-party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Website.
You may choose to generate user content from your use of our Brain 1st program on social network platforms and must comply with these Terms in doing so. Brain 1st has no control over or responsibility for such content of any social network platforms and you are responsible for adhering to the privacy policies of such social network platforms.
In you wish to link to any website owned or controlled by you, you must abide by Brain 1st’s linking requirements. The linking requirements are as follows:
(a) the link must be established to a page of the Website approved by Brain 1st
(b) the link may not misrepresent your relationship with Brain 1st or present false or misleading impressions about Brain 1st, its program and/or the Website;
(c) the link may not contain content that may be interpreted as distasteful or offensive;
(d) Brain 1st shall have no responsibility or liability for any content appearing on your Website; and
(e) Brain 1st may at any time, in its sole discretion, immediately terminate your link to your website, with or without cause. If Brain 1st exercises this right to terminate, you will immediately remove all links to your website.
You do not acquire any right, title or interest in the Website through use of the Website or Brain 1st program. You must abide by copyright and other proprietary notices contained in the Website or Brain 1st program.
Except for third-party advertising or links, Brain 1st exclusively owns all information and screens appearing on the Website or Brain 1st program, including all designs, graphics, text elements, site design, logos, images, buttons, and icons. Brain 1st owns the selection, assembly, and arrangement of all information and screens appearing on the Website or Brain 1st programs, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third-party advertising and links belong to their respective owners and must not be use by you for any purpose with the prior written consent of the respective owner(s).
Brain 1st also owns or controls the right, title and interest to all frameworks, Brain 1st program design, program elements, templates, blogs, mockups and compositions, final design frameworks, software, all copy and graphics and all source code used for the Website.
Brain 1st and its logo are the property of Brain 1st. Certain other trademarks, trade names and logos on the Website and Brain 1st program are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Website.
All content, except any user content, that forms part of the Website and Brain 1st program is subject to intellectual property rights, including copyright and trademarks held by or licensed by Brain 1st. All rights are reserved. The Website and Brain 1st program display copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks without the prior written consent of Brain 1st.
You may not use any of Brain 1st’s logos or other proprietary graphic or trademark designs as part of any link without the prior written consent of Brain 1st.
Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect the Website and Brain 1st programs. Unauthorized reproduction of the Website, or any portion of the Website or its Brain 1st programs or part thereof, may result in severe civil and criminal law penalties.
You must not challenge or assist others to challenge any of Brain 1st’s trademarks or application to register any of Brain 1st’s trademarks or attempt to register any trademarks or tradenames that are confusingly similar to any of Brain 1st’s trademarks. Brain 1st respects the intellectual property of others and we ask users of the Website to do the same.
If you believe that Brain 1st or a user of the Website has violated your intellectual property rights, you may report the matter by emailing email@example.com. Brain 1st requires you provide a written request detailing the specifics of the intellectual property infringement, a link or the URL of your original materials and a link or the URL of the infringing material, and proof of ownership of the original material or proof of first publication. If Brain 1st chooses not to remove the allegedly infringing material, we will provide you with notification. Brain 1st will remove such allegedly infringing material upon submission of legal documentation of a ruling in your favour regarding the allegedly infringing material.
Liability, Warranties, Representations and Indemnification
Your access and use of the Website and Brain 1st programs is at your sole risk. The Website and Brain 1st program is provided on an "as is" and "as available" basis and Brain 1st disclaims any and all other warranties and representations including that the Website and the Brain 1st program is not intended to be used for medical, psychological or other professional advice, recommendations or treatment of brain symptoms and or injuries or any and all related health conditions.
Specifically, Brain 1st does not warrant and you acknowledge that Brain 1st has no liability or responsibility that:
(a) the Website and Brain 1st program will meet your specific requirements; (b) the Website and Brain 1st program will be available, uninterrupted, timely, secure, virus-free or error-free or free of any other harmful components; (c) that any third-party products or services will be available, uninterrupted, timely, secure, or errorfree; Page | 6 (d) the results that may be obtained from the use of the Website and Brain 1st program will be accurate or reliable; (e) the quality of any information obtained by you through the Website and Brain 1st program will meet your expectations; or (f) any errors in the Website and Brain 1st program will be corrected.
BRAIN 1ST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION, INCLUDING LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE BRAIN 1ST PROGRAM. BRAIN 1ST DOES NOT WARRANT THAT ANY DEFECTS IN BRAIN 1ST PROGRAM ACCESSED THROUGH THE WEBSITE OR CONTENT OF THE WEBSITE WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BRAIN 1ST BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR BRAIN 1ST PROGRAM. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL, STATE OR FEDERAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, BRAIN 1ST RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.
To the extent permitted by the laws of your jurisdiction, you agree to indemnify Brain 1st from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the Website or Brain 1st program by you or from a substantial breach of the Terms. Brain 1st reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.
Termination or Suspension of Website or Brain 1st Program
Brain 1st reserves the right to terminate, change, suspend or discontinue any aspect of the Website or its Brain 1st program at any time without notice including, but not limited to:
(a) the availability of program or program features;
(b) the information or content of the Website or Brain 1st program; or
(c) certain features on the Website or Brain 1st program.
Brain 1st may restrict access to all or parts of the Website or Brain 1st program at any time. Brain 1st reserves the right, but is not obligated, to correct any errors or omissions in any portion of the Website or its Brain 1st program.
Any breach of the Terms by you will result in your right to use the Website being terminated. The obligations in the Terms concerning use of the Website or Brain 1st programs, intellectual property and liability survive the termination of these Terms.
Your access and use of the Website is subject to Brain 1st’s Privacy Code http://brain1st.ca, and Privacy Statement, available on the Website, and include all rights and obligations under the General Data Protection Regulation.
Your rights under the Terms cannot be assigned.
The failure of Brain 1st to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Website and Brain 1st programs can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Website, you agree that all matters relating to access to, or use of, the Website or its Brain 1st program, or any other hyperlinked website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.
In the event that any term or condition in the Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.
Reservation of Rights
Brain 1st reserves to itself any and all rights not expressly granted hereinunder these Terms.
Last Modified: November 6, 2019