Terms & Conditions
Your use of the ICM website (www.icmanitoba.ca) (the “Website”) constitutes your acceptance of the following terms and conditions (the “Agreement”). Therefore, please take the time to review them carefully. If you do not agree with some or all of these terms, do not use the Website.
The Website is operated by (“ICM”). The mailing address for ICM is International College of Manitoba, University of Manitoba, Fort Garry Campus, 508 University Centre, Winnipeg, MB, Canada R3T 2N2. In this Agreement, the terms “we”, “our” and “us” refer to ICM.
Modifications and Updates to These Terms and Conditions
We reserve the right to update or modify (collectively “change”) the terms of this Agreement (including those documents that are incorporated herein by reference) at any time and from time to time, without prior notice to you. Your use of the Website following any such change constitutes your agreement to follow and be bound by such changes. For this reason, we encourage you to review this Agreement (and all documents incorporated by reference, as set out below) whenever you visit the Website. We will include a "last amended" date on this Agreement as displayed on the Website.
All of the content you see and hear on the Website, including without limitation all of the page headers, images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively “Material”), is the property of ICM or its licensors, as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom.
The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and we own all copyright in the selection, co-ordination, arrangement and enhancement of the Material. The Material and the Website as a whole are intended solely for personal use by the users of the Website.
INTERNATIONAL COLLEGE OF MANITOBA, ICM and the ICM Globe Logo are trade-marks of ICM. All other company names, brand names, trade-marks and logos are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trade-marks, including ICM’s trade-marks, except with the express written permission of ICM or such other party that may be the owner thereof.
Permitted Use of the Website; Prohibitions
You may download, print and store selected portions of the Material provided that you: (1) only use these copies of the Material for your own personal, non-commercial use; (2) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (3) do not modify or alter the Material in any way; and (4) do not delete or change any copyright, trade-mark or other proprietary notice contained in the Material.
Your use of the Website and of any of the Material (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above. Without limiting the foregoing, you must not frame any of the material appearing on the Website except with our prior written consent. Except as indicated by our robots.txt file, you may not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Material. You may not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Website. You may not take any action that places a disproportionately large load on the infrastructure of the Website.
We will enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
You have read, understood and agreed to our Privacy & Security Policy, the terms of which appear on the Website and are incorporated by reference into this Agreement, and agree that the terms of such Privacy & Security Policy are reasonable. You consent to the use of your personal information by ICM and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy & Security Policy, and as otherwise disclosed to you by ICM and agree that the terms of such Privacy & Security Policy are reasonable.
The Website may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by ICM of the linked web site or information contained therein.
Termination of Your Use of the Website
In addition to any other rights or remedies available to us and without any liability whatsoever, in our sole discretion, we may terminate or restrict your access to any component of this Website at any time and without notice.
We welcome your comments and other feedback regarding the Website, and ICM services. In the event you provide us with any communication or material (whether through this Website, by electronic mail or otherwise) including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, commercialize, communicate by telecommunication, display and otherwise use such Submissions and information throughout the world in any media, now known or hereafter developed for any purpose, and you waive any and all moral rights in the Submissions and such information. You also agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You also grant us the right to use the name you submit (if any) with such Submissions or information, in connection with our rights hereunder. Additionally, at our request and cost, you agree to sign and deliver to us all further documents and assurances that we may request in connection with the licenses, assignments, transfers, releases and waivers contemplated by this section.
By making Submissions, you warrant that the content of such Submissions is not subject to any third party copyright or any other proprietary rights, and that you have full capacity and authority to make such Submission.
You must not submit, publish or otherwise disseminate to or through the Website (whether through Submissions or otherwise) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
Errors and Inaccuracies; Corrections
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
Our provision of the Website and of all Material, and of related services, are dependent on a variety of other service providers—like internet service providers (including both yours and ours), website hosts, email service providers and the like—that we do not and cannot control. As such the Website, all Material and the related services, are all provided “as is”, “where is”, “as available”, without representations or warranties of any kind.
TO THE FULL EXTENT PERMITTED BY LAW, ICM AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AGENTS AND ASSIGNS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE MATERIAL, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Website will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any Material, or inability to do any of the foregoing. We make no representation that the Material provided on the Website is applicable or appropriate for use in locations outside of Canada.
Limitation of Liability
Your use of this Website is undertaken at your own risk. Under no circumstances will ICM and its affiliates, and their respective directors, officers, employees, contractors agents and assigns be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Website, your reliance on any Material, or any consequences flowing therefrom.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the Website or its Material, then our total aggregate liability under such circumstances will not exceed $10.00 (Canadian funds), in aggregate.
If you are dissatisfied with the Website, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Website.
You agree to indemnify and save harmless ICM and its affiliates, and their respective directors, officers, employees, contractors agents and assigns (in this section, "we" and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Website or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from any services offered by us, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all legal fees and expenses incurred by us with respect to such response. This defense and indemnification obligation will survive this Agreement and your cessation of use of the Website.
This Agreement and your use of the Website will be governed by and interpreted exclusively in accordance with the laws of the Province of Manitoba, and the federal laws of Canada applicable in Manitoba, excluding its conflict of laws rules. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of Manitoba, Winnipeg Registry, in all disputes arising out of or relating to your use of or inability to use the Website, or this Agreement.
This Agreement’s provisions are severable. If any provision is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
This Agreement and those documents incorporated or referred to herein constitute the entire agreement between you and ICM relating to your use of the Website and its Material, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of ICM to modify this Agreement in writing, or by ICM making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein.