TERMS AND CONDITIONS
Please carefully read these terms and conditions (the "Terms") before using HGAR Online Website (the "Website"). These Website Terms are an agreement between you (hereinafter referred to as "you" or "user") and the HGAR, including the underlying service provider, Learning Library Inc. (collectively "www.learninglibrary.com/HGAR"). By accessing any area of the Website you acknowledge the notices, and agree to these Terms.
TRADEMARKS AND COPYRIGHTS
The Website and domain name are owned and operated by HGAR or its licensors, or other related logos are trademarks of the HGAR. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. You are not permitted to use any of these trademarks without the prior written consent of HGAR, National Association of REALTORS®, Real Estate Institute of Canada or Learning Library Inc.
The information and content displayed on this Website, including but not limited to all educational content, text, graphics, logos, images, audio clips, software, video, music and the selection and arrangement ("HGAR Information") is the property of HGAR or its licensors or 3rd party content providers, as the case may be, and is protected by copyright laws. While we invite you to browse, no content or information on this Website may be downloaded, reproduced or modified in any manner without the prior written consent of HGAR or as otherwise expressly provided herein. All other rights reserved by HGAR.
Except as provided herein, no material from the Website may be copied, reproduced, republished, posted, transmitted or distributed in any way. You may print, in hard copy, portions of the Website only for your own personal, non-commercial use or for the purpose of placing an order with the Website. The use of any such material for any other reason, on any other website, or the modification, distribution or republication of this material without prior written permission from HGAR is strictly prohibited. Should a violation occur, HGAR reserves the right to cancel the User's registration immediately and to prosecute to the fullest extent of the law.
You may not, distribute, modify, transmit, reuse, repost or use any content displayed on the Website for public or commercial purposes, including any HGAR Information without the written permission of HGAR. You also may not distribute, modify, transmit, reuse, repost or use any content displayed on the Website to participate in any fraudulent activities, to deliver or disseminate any unsolicited bulk or unsolicited commercial e-mail ("Spam"), deliver or disseminate any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or impersonate any person or entity, including but not limited to HGAR. You shall not utilize this Website and underlying connection to interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including but not limited to denying service attacks, overloading a service, improperly seizing or abusing operator privileges ("hacking"), or attempting to "crash" a host.
THIRD PARTY SITES
You may not reproduce, upload, post, transmit, download or distribute any part of HGAR Information or information accessed at Other Sites through links made at this Website. You shall observe copyright and other restrictions imposed by Other Sites.
Domain Names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship HGAR should be inferred.
For the purposes of these Terms, "Product" means the content, exams, webinars, courses, videos, flash, printed material, and electronic delivery of HGAR's services.
HGAR hereby grants users with a non-exclusive, non-transferable right to access solely for the purpose of viewing the Product. In the event that you wish to participate in any Products, you may be required to pay a fee to HGAR Products and Services and HGAR will also grant you a non-exclusive, revocable, non-transferable, limited license solely to access, participate in and complete the Product. HGAR will also provide you a login and password to access Product for which you have registered.
Users agree to only use the Product as an end user and users may copy the Product material in readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of the Product. Users may not reproduce or distribute the Product for resale or other commercial purposes, including without limitation the bundling of the Product with any good or service that is offered for sale. HGAR at its sole discretion has the option to terminate this license if you, as a User, fail to comply with any term or condition of this license or agreement. Upon such termination, users must immediately cease accessing the Product together with destroying all personal copies of the Product material. ALL OTHER RIGHTS RESERVED.
You agree that HGAR, its content providers, its service providers and/or any of their staff is not responsible for any inaccuracies in Product material, or any liability that may result thereof.
Certain content on this Website is provided by third parties (the "Content"). HGAR does not take responsibility for the accuracy of the Content and nor in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information and the Content may be superseded by a subsequent posting without notice. IN NO EVENT WILL HGAR, ITS AFFILIATES, AGENTS, OR ITS SERVICE OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. If you do not agree to these terms and conditions, do not access the Website or download any materials displayed on the Website and/or access any Content.
All Content is presented as an informational and educational service of the HGAR. The information and resources included in the Content are those of the content providers and may not reflect the opinions or positions of the HGAR. The HGAR shall have no responsibility or liability for the results obtained or not obtained through the use of the information presented.
ACCOUNTS, PASSWORDS AND SECURITY
By enrolling in Products, you will be required to open an account and complete the registration process by providing HGAR with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to HGAR which is untrue, inaccurate, not current or incomplete, HGAR reserves the right to terminate this agreement and your continued access and use of the Website and/or services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify HGAR immediately of any unauthorized use of your account or any other breach of security. HGAR will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by HGAR or another party due to someone else using your account or password.
Users also agree that they may not give out logins and/or passwords to other users nor share Products unless Product expressly permits. We reserve the right to cancel any registration, without refund, if we discover that a student account is being used by more than one person, or if a login/password is given to another person, regardless of whether they actually use it.
LINKING TO WEBSITE
We have no objection to links made from Other Sites to the Website, provided that your link enter our Website at the Home Page of our Website and comply with the following requirements:
- You may not frame or alter the appearance of the Website.
- You may not state or imply that we endorse, sponsor or otherwise approve your site or any Other Sites.
- You will solely be responsible for the development, operation and maintenance of your website, and for all materials and information that appear therein.
You will only receive revenue for linking to the Website should Site have an active affiliate program and you first successful apply to become an affiliate and market successfully your link.
You must abide by all of the other Website terms and conditions of use set forth above.
DISCLAIMER AND LIMITATION OF LIABILITY
ALL INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY AND NON-INFRINGEMENT. HGAR MAY ADD OR CHANGE THE INFORMATION CONTAINED ON THIS WEBSITE, AS WELL AS AMEND THE PROGRAMS, PRODUCTS OR OFFERINGS DESCRIBED ON THIS WEBSITE, WITHOUT NOTICE. UNDER NO CIRCUMSTANCES SHALL HGAR BE LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, OR FOR ANY RELIANCE PLACED ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE ALL ASPECTS OF THE INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE. HGAR MAKES NO REPRESENTATION OR WARRANTY, ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE IN RESPECT OF ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, OR IMAGES FROM THE WEBSITE.
HGAR IS NOT RESPONSIBLE FOR USERS INABILITY TO LOGIN TO THE COURSES, EITHER BECAUSE OF POOR INTERNET CONNECTIONS, INCORRECT TYPING OF LOGINS AND PASSWORDS, AND/OR BROWSER INCOMPATIBILITY. HGAR WILL MAKE EVERY EFFORT TO ENSURE THAT OUR SERVERS REMAIN OPERATIONAL 24 HOURS A DAY. HOWEVER, THERE MAY BE TIMES WHEN THE SERVERS ARE DOWN DUE TO POWER OUTAGES, NETWORK PROBLEMS, OR REGULAR MAINTENANCE. YOU HEREBY AGREE THAT THIS IS NORMAL, AND THAT YOU WILL NOT HOLD HGAR, INCLUDING ITS UNDERLYING SERVICE PROVIDER, RESPONSIBLE FOR THESE INFREQUENT OUTAGES.
IN NO EVENT WILL HGAR OR ITS AFFILIATES, AGENTS, LICENSORS, SPONSORS, CONTENT PROVIDERS, UNDERLYING SERVICE PROVIDERS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES (COLLECTIVELY "PARTNERS") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES ( INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM ) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT HGAR OR ITS PARTNERS, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HGAR ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. HGAR IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
You agree to indemnify and hold harmless HGAR, its employees, officers and directors, and HGAR's contractors, agents, content providers and underlying service providers, and their respective employees, officers and directors, from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against HGAR, which result from or relate to your violation of these terms and conditions. You will give HGAR prompt notice of any such demand, claim or proceeding that you are aware of.
Any content, offers, information, ("Your Content") you may provide to HGAR in using this Website may be used by HGAR in a number of different ways, including, but not limited to, publicly displaying it, reformatting it, creating derivatives work from it, and utilizing it for the purposes of providing services to you (including through the Products). You hereby grant HGAR the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to use Your Content as necessary (including the uses identified above). You are hereby notified that all or any portion of the Product may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Products, without compensation of any kind to the user.
You represent that you own or have the necessary permissions to submit Your Content. You may expose yourself to liability, for example, if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of privacy, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech or pornography, or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Under no circumstances will HGAR be liable in any way for any of Your Content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon Your Content.
Your use of the Website will comply with all applicable laws, rules and regulations that govern the export of technical data.
CHOICE OF LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the province of Ontario without reference to any conflict of law principles. All disputes, proceedings or claims arising out of or in connection with this Website shall be submitted and be subject to the exclusive jurisdiction of the Courts of the province of Ontario.
LIMITATION OF CLAIMS
Any action on any claim against HGAR or its Affiliates must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
Unless otherwise noted, all e-learning products purchased through this website will expire six months following the date of purchase. Following the six months, up to 2 three-month extensions can be purchased for $49 each.
If you wish to apply for a refund of any product purchased via this Website it must be done within thirty (30) days of purchase date. Refund requests later than 30 days will not be accepted. A $15 processing fee will be applied for refunds of any online course, excluding Live Webinars. NO refunds will be granted for Archived Webinars and Video Center subscriptions.
To apply, please send us the following information and note the processing fee structure:
- Contact our Customer Service team via firstname.lastname@example.org or leave the following information at 1.877.762.9322.
Please provide the following information:
- Your name in full
- The product name purchased
- The reason for the refund
- No credit card information required for refund*
The information contained in this refund policy supersedes any verbal or other written information that anyone may receive regarding this policy.
* We will reverse the transaction on same card as original purchase.
Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused. These Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. In the event that any one or more provisions contained in these Terms are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Terms and the agreement will be construed as if such invalid, illegal or enforceable provision had never been contained herein.
Questions regarding these Terms and Conditions should be directed to email@example.com or 1.877.762.9322. We are not responsible for the Terms and Conditions of Web sites to which this site may link.