Terms of Use

Effective: October 1, 2018.

Thank you for using Gillis & Associates Professional Training!

Gillis & Associates Professional Training (“GILLIS”) products and services are provided by GILLIS. These Terms of Use ("Terms") govern your use of GILLIS's website, and other products and services ("Services"). As some Services may be software that is provided by a third party and downloaded to your computer, phone, tablet, or other device, you agree that the third party may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

THE COURSE CONTENTS AND MATERIALS HAVE BEEN PREPARED FOR GENERAL INFORMATION PURPOSES ONLY; THEY ARE NOT INTENDED TO BE PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH APPROPRIATE PROFESSIONAL COUNSEL ABOUT YOUR UNIQUE CIRCUMSTANCES BEFORE ACTING ON THIS INFORMATION.  THE COURSE PREPARER(S) AND PRESENTER(S) EXCLUDE ALL LIABILITY FOR ANYTHING CONTAINED IN THIS INFORMATION AND ANY USE YOU MAKE OF IT.  

THE COURSE MATERIAL IS SUBJECT TO COPYRIGHT AND ALL RIGHS ARE RESERVED.  THE MATERIAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESS WRITTEN CONSENT OF GILLIS.

You may use our Services only if you can form a binding contract with GILLIS, and only in compliance with these Terms and all applicable laws. When you create your GILLIS account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 18 is prohibited, and certain courses may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain GILLIS's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Our Courses

While we take pride in our courses, unexpected events do occur. GILLIS reserves the right to cancel, interrupt, or reschedule any course or to modify any course content. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

The course content and materials could include technical, typographical, or photographic errors. GILLIS does not warrant that any of the materials on its site or in its courses are accurate, complete, or current. GILLIS may make changes to the materials contained on its web site at any time without notice. GILLIS does not, however, make any commitment to update the materials.

Participation in or completion of a course does not confer any academic credit.  GILLIS and the course instructors have no obligation to have a course recognized by any educational institution or accreditation organization.

User Content

The Services may enable you to share your content, such as surveys, homework, quizzes, exams, projects, and other assignments you submit, posts you make in the discussion forums, and the like ("User Content"), with GILLIS, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.

To the extent that you provide User Content, you grant GILLIS a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights GILLIS may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including, but not limited to, User Content that we believe violates these Terms.

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, GILLIS does not waive any rights to use similar or related Feedback previously known to GILLIS, developed by its instructors,  employees or contractors, or obtained from other sources.

Security

We and our third party service providers care about the security of our users. While we work to protect the security of your account and related information, GILLIS cannot guarantee that unauthorized third parties will not be able to defeat security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Third Party Content

Through the Services, you may have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. GILLIS cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. GILLIS disclaims any responsibility or liability related to your access or use of such third party content.

Copyright and Trademark Policy

GILLIS respects the intellectual property rights of our users, and other third parties and expects our users to do the same when using the Services.

Paid Services

GILLIS offers paid Services for a fee. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and GILLIS reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services at the sole discretion of GILLIS.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, GILLIS may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available at the sole discretion of GILLIS. None of GILLIS, its instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "GILLIS Parties") shall have any liability to you for any such action. You can stop using our Services at any time.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE GILLIS PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE GILLIS PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GILLIS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;

 (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE GILLIS PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR

(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION;

EVEN IF GILLIS OR A GILLIS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL GILLIS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY CANADIAN DOLLARS ($20 CAD) OR THE TOTAL AMOUNT OF FEES RECEIVED BY GILLIS FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE GILLIS PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO GILLIS'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the GILLIS Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

You agree that any dispute related to these Terms will be governed by the laws of the Province of Nova Scotia, Canada.  You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving Nova Scotia as the legal forum for any such dispute.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).