Terms of Service

These terms are a legal agreement between Three Hive Consulting, Inc. operating as Eval Academy (“we” or “us”) and you as the user. You should read all the terms before indicating acceptance. These terms apply to our online platform, and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements or new features, then those terms will apply. By using our online platform, you accept these terms. If you do not accept them, do not use the online platform. You are bound by these terms even if you do not read all the terms.

1. Definitions: 

  • “Delivered Content” means the articles, templates, teaching materials, course content, test results and other content and materials, delivered to you as a User of the Services;

  • “Personal Data” means all personal information about an identifiable individual input by Users (but excluding business contact information);

  • “Services” means any teaching or course delivery, testing and other service made available through our online platform. The term “Services” specifically excludes all User Content and Personal Data;

  • “User Content” means user-generated data, user comments and other content (other than Personal Data) that Users may input through use of the Services, as may be permitted by the website functionality;

  • “Users”, “you” and “your” refer to any users of the Services.

 

2. Your Access: Some areas of our website are accessible without an account. If you access areas of our site without an account, you are still bound by these terms.

For Users to access certain features of the Services such as Delivered Content, course delivery, testing or related services, you will be required to register and create an account, and pay any associated fees. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.

 

3. Fees: Users may be subject to certain fees, as detailed in the applicable payment page or the invoice issued by us. You will not be charged unless you have created an account and agreed to the payment terms.

 

4. Access: Users have a license to access and use the Services and obtain a copy of the Delivered Content for personal individual use, in accordance with these terms. The Services are not directed to minors. You must be the age of majority in your home state or province in order to use the Services.

 

5. Important Information about our Site:  ALL ANY DELIVERED CONTENT, CONTAINED IN OR DELIVERED THROUGH THIS WEBSITE IS PROVIDED FOR PERSONAL AND INDIVIDUAL USE ONLY, AND MAY NOT BE COPIED FOR OTHER PURPOSES, RESOLD, OR REDISTRIBUTED TO OTHERS. THE DELIVERED CONTENT AND ANY SERVICES SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE ON ANY SUBJECT MATTER. WE DISCLAIM ALL LIABILITY IN REGARDS TO ACTIONS TAKEN OR NOT TAKEN BASED ON ANY DELIVERED CONTENT OR ANY INFORMATION ON THIS SITE. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using our Services, and any Delivered Content. You accept all consequences of doing any of the foregoing. You must evaluate all Delivered Content or other information that you receive through the Services.

WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SERVICES AND THE DELIVERED CONTENT. YOU MUST TAKE STEPS TO VERIFY ACCURACY, CORRECTNESS, RELIABILITY COMPLETENESS, APPROPRIATENESS, LEGALITY OR APPLICABILITY OF THE SERVICES OR ANY DELIVERED CONTENT FOR YOUR OWN PURPOSES OR CIRCUMSTANCES.

 

6. Termination Rights:  

  • By Us:  In the event you breach this agreement or any other agreement with us, we may suspend or terminate your account and suspend your access to the Services. We may suspend or terminate your account in the event the account is inactive and abandoned by you.

  • By You:  You may terminate your account and cease use of the Services at any time.

  • Effect of Termination: You may continue to use Delivered Content for your own personal individual use, but you may not resell or redistribute the Delivered Content to others. Once your account is terminated, you will not have access to the contents of that account. You are responsible for saving a copy of any Delivered Content. After termination, we reserve the right to delete or keep any Delivered Content or User Content for archive purposes. We will only retain Personal Data in accordance with these terms and our Privacy Policy.

 

7. Types of Content:

  • Personal Data:  As an authorized User, you may input certain Personal Data as part of your use of the Services. The Personal Data is covered by our Privacy Policy, and we claim no rights of ownership to Personal Data that is provided by you. We reserve the right to remove or correct Personal Data if we receive notice of corrections, or if any Personal Data contravenes our acceptable use standards.

    • Delivered Content: Users may obtain a copy of Delivered Content by paying any applicable fees specific to that content. You are free to keep and enjoy the Delivered Content for personal purposes. While that Delivered Content is made available to you for your personal individual use, the Delivered Content is owned by us or our licensors.

    • User Content:  The Services may permit Users to input or upload User Content. For example, if the Services permit a User to input comments or share original content, that would be considered “User Content”. If the User inputs their name and personal information, that would be considered “Personal Data”.

We claim no rights in the User Content of any User. You represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content through our Services; (c) such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with our acceptable use standards and applicable laws. You are responsible for all User Content that you generate, create, input or upload. We reserve the right to remove or correct User Content if we receive notice of corrections, or if any User Content contravenes our acceptable use policies.

 

8. Acceptable Use: The Services may be used only for authorized purposes by Users who have agreed to this agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. We reserve the right to suspend or terminate the account of any User whose conduct or User Content does not conform to this agreement or our acceptable use standards, in our sole discretion.

You agree that you will not:

    • reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Delivered Content, or the Services for any purpose;

    • use the output of the Services for any purpose other than as permitted under this agreement;

    • delete or revise any portion of our Delivered Content, or Services;

    • distribute, sell, lease, transfer, assign, trade, rent, publish or license the Delivered Content, or the Services, as a stand-alone service to others;

    • engage in linking or framing of any portion of our sites;

    • aggregate, scrape, harvest or duplicate any portion of the Delivered Content or the Services;

    • corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or

    • copy, misuse or duplicate the layout and design of the Delivered Content or the Services, or the underlying code and database structures, or any of our trademarks.

 

9. Intellectual Property Rights: You agree that the Delivered Content and the Services and related trademarks, intellectual property rights, trade-secrets, know-how, and any aggregated data are owned by us or our licensors, and you will not contest or challenge such ownership. Other company names and logos displayed on our sites may be trademarks of their respective owners.

 

10. Privacy. Our personal information handling practices are governed by our Privacy Policy. By agreeing to the terms of this agreement, you agree to be bound by our Privacy Policy. We take all reasonable precautions to protect personal information according to strict industry standards.

 

11. Indemnity. You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or Users of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this agreement or any other agreement with us.

 

12. General Disclaimers: We do not provide any guarantee or warranty with respect to the Services or the Delivered Content. We expressly disclaim any and all liability in connection with our Services and the Delivered Content. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of the Delivered Content or our Services, in terms of their accuracy, correctness, reliability, completeness, appropriateness, legality or applicability, or otherwise. The Delivered Content or the Services could include technical inaccuracies or typographical errors.

WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE DELIVERED CONTENT, OR THE SERVICES, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE DELIVERED CONTENT, PERSONAL DATA, OUR SERVICES, UPTIME OR AVAILABILITY OF OUR SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

13. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE SERVICES, OR THE PERFORMANCE OF THIS SITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU TO ACCESS THE SERVICES OR THE DELIVERED CONTENT THAT GAVE RISE TO THE CLAIM, OR THE AMOUNT OF TEN DOLLARS ($10), WHICHEVER IS LESSER.

 

14. Jurisdiction & Applicable Law:  This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.

 

15. Downtime: The Services may experience temporary downtime as we perform routine maintenance or updates.

 

16. Aggregated Data:  We may collect aggregate and use data that is input by Users or collected by the Services subject to the following: (a) all aggregated data will be anonymized and stripped of personal identifiers and will not be traceable back to you; and (b) we will abide by all applicable privacy protection laws and our Privacy Policy in our handling of such aggregated data. We retain the rights to such aggregated data, and may use it for product enhancements and other business purposes in accordance with this agreement.

 

17. Third-Party Content: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site. PLEASE NOTE THAT WE DO NOT NECESSARILY ENDORSE, AND WE ARE NOT RESPONSIBLE FOR, ANY THIRD-PARTY CONTENT THAT MAY BE ACCESSED THROUGH THE SERVICES OR THIS WEBSITE.

 

18. Changes: Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect after posting on our site(s). Continued use of the Services after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from Delivered Content or the Services, in whole or in part, at our sole discretion, at any time, without notice.

 

19. Survival:  All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement's expiry or termination for any reason. The following terms shall survive the termination of this agreement: sections 6, 8, 9, 11, 12, 13, 14.

 

20. Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Services. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.