INTRODUCTION AND OVERVIEW
DESCRIPTION OF SERVICES
- A. COLLEGES AND UNIVERSITIES
- B. CORPORATE
ACCESS TO my.canguard.org
SOFTWARE
CONTENT
TERMINATION
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
LINKS
TRADEMARK AND LOGO POLICY
TRADEMARK NOTICE
INDEMNITY
NO AGENCY OR PARTNERSHIP
GENERAL
SURVIVAL OF TERMINATION
BILLING POLICIES
STUDENT’S USE AGREEMENT

TERMS OF USE This Terms of Use Agreement should be read together with the Company’s Privacy Policy, which forms a part of this policy. Since CanGuard.org reserves the right in its sole discretion to modify this Terms of Use Agreement at anytime, we encourage you to refer to this policy and the Privacy Policy on a frequent basis so that you understand our policies then in effect.

INTRODUCTION AND OVERVIEW

Please read and review carefully these terms, conditions and notices (the "Agreement"), which govern use of CanGuard.org’s website. Your use of the Site and any of the services offered constitutes your binding consent to all such terms, conditions, and notices. The Agreement enables the operator of the Site, CanGuard Security & Investigations (hereinafter "CanGuard.org"), to offer our services.

As used in this Agreement, "you" means the natural person who is interacting with the Site’s registration process and clicks "I accept" or the person who is browsing this Site as an unregistered user. When you click on the "I agree" button on the user registration, you are entering into a legal contract with CanGuard.org in which you agree (and, if you are a teacher or instructor, media specialist or other authorized school representative, company representative entering this Agreement on behalf of your school, institution, company or government, or other organization, herein referred to as “the organization”, the organization also agrees) to abide by this Agreement in all respects and to become a "Registered User". If you do not agree to be bound by this Agreement, you are prohibited from registering for or using any services of the Site.

This Agreement applies to all uses of the Site, including, but not limited to the following: using lessons or instruction pages, participating in chat rooms, online forums, bulletin boards, or using email, search engines, subscription services, or other services offered on the Site (the "Services"). The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.
DESCRIPTION OF SERVICES

CanGuard.org provides the CanGuard.org World Wide Web site for educational and informational purposes to various markets utilizing separate proprietary online learning environments operated by CanGuard Security & Investigations. No changes can be made to retail course pricing without express written consent from CanGuard Security & Investigations.
- A. COLLEGES AND UNIVERSITIES
  CanGuard.org provides curriculum and training tools such as e-text, traditional text books, online instruction consisting of online instruction pages, lessons and tests. Students also have access to CanGuard.org’s other Services which consist of Chat, Video Conferencing, Threaded Discussions, Online Instructor and Real-Time Teacher Support. The subscription fee is based on the number of students enrolled and the number of courses they are enrolled in.
  
  You will also receive a username and password. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@linkonlearning.com.
- B. CORPORATE
ACCESS TO my.canguard.org
CanGuard.org grants you a limited non-transferable right to access the non-subscription area of CanGuard.org at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing CanGuard.org and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing CanGuard.org and CanGuard.org shall not be responsible for any of these charges or equipment.
SOFTWARE
Any program accessible from CanGuard.org or any software available for download from CanGuard.org is owned by CanGuard.org or other third party provider, and all copyright rights therein are reserved. You agree that you will not download or copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.
CONTENT
You agree to access and use CanGuard.org only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of CanGuard.org including any interactive area. By accessing CanGuard.org you agree that you will not:
(i) post or use CanGuard.org to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, province, federal or international law or regulation, including, but not limited to, export control laws and regulations;
(ii) post or transmit any unlawful, infringing, threatening, libellous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content;
(iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access CanGuard.org;
(iv) disrupt the normal flow of communication in any Interactive Area;
(v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users;
(vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights;
(viii) be false, inaccurate or misleading; or
(ix) otherwise create any liability on CanGuard.org’s behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify CanGuard.org for any knowing or unknowing breach of this paragraph.
TERMINATION
The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of CanGuard.org in operating CanGuard.org or any content, is for you to discontinue accessing CanGuard.org. CanGuard.org in its sole discretion may terminate or temporarily suspend your access to all or any part of CanGuard.org without notice, for conduct that CanGuard.org believes is a violation of this Agreement or any policies or guidelines posted by CanGuard.org, or for other conduct, which CanGuard.org believes is harmful to other users. CanGuard.org may discontinue operating CanGuard.org and terminate this Agreement without notice at any time for any reason in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly agree that use of the Site and the Services is at your sole risk. Disclaimer of warranty applies in all provinces, states and jurisdictions in which such terms are valid and enforceable. CanGuard.org is not responsible for any information or content contained within interactive areas and makes no representations about the suitability of the information contained in the interactive areas for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or correctness.

You agree that your use of CanGuard.org including any interactive areas is at your own risk, neither CanGuard.org nor its officers, directors, employees, affiliates, or agents warrant that CanGuard.org will not be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of CanGuard.org or as to the accuracy, reliability, or content of CanGuard.org.

CanGuard.org is provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event will CanGuard.org or its directors, officers, employees, affiliates or agents be liable to you or any third party for any incidental, indirect, special or consequential damages (even if CanGuard.org has been advised of the possibility of such damages), arising out of your use of or inability to use CanGuard.org including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to CanGuard.org records, programs, or services. Because some provinces/states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces/states CanGuard.org liability is limited to the greatest extent permitted in this section.

Under no circumstances, including, but not limited to, negligence, shall CanGuard.org (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Site, the Site itself, or the Services. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that CanGuard.org (any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of CanGuard.org (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees and agents)) to you exceed the amount paid by you to CanGuard.org during the twelve (12) months prior to any claim of injury or damage.

No Guarantee of Continuous Operation

CanGuard.org will use commercially reasonable efforts to maintain the security and operational integrity of the Site. However, numerous factors outside the control of CanGuard.org may interfere with the operation of the Site; and accordingly, CanGuard.org does not guarantee continuous, or uninterrupted access to the Services.

Release from Liability

You agree to release CanGuard.org and its officers, directors and employees from any and all claims, demands and damages (whether actual and/or consequential) resulting from or associated in any way with any user-supplied content or postings.

Right to Independent Action

CanGuard.org reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of CanGuard.org and eliminate or mitigate any potential liability or injury to any party which may arise.

No Waiver

The failure of CanGuard.org to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CanGuard.org as a result of this Agreement or your use of the Site. CanGuard.org’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CanGuard.org’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CanGuard.org with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and CanGuard.org with respect to the Site; and the Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CanGuard.org with respect to the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LINKS
Some links on CanGuard.org lead to sites posted by independent site owners. CanGuard.org does not review independent sites or control their content, and merely provides these links to visitors for their convenience. Such sites, materials and resources are not under the control of CanGuard.org and CanGuard.org is not responsible for the contents thereof or any changes or updates thereto and cannot and does not continuously monitor such materials, and makes no representation or warranty as to the appropriateness of any such materials.

These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between CanGuard.org and the linked sites. CanGuard.org is a CanGuard Security & Investigations. website which is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. CanGuard.org shall not be responsible for the actions of the respective owners of these other sites.

For any interested party, CanGuard.org grants the right to create links to CanGuard.org and exterior pages of the website, if such link(s) uses CanGuard.org trademarks and/or logos in accordance with the below terms and conditions of the Trademark and Logo Policy.
TRADEMARK AND LOGO POLICY
CanGuard.org trademarks and logos are the property of CanGuard.org. License for their use is granted for the sole purpose of promoting CanGuard.org and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way CanGuard.org marks. Licensees shall not reproduce, use, or authorize the reproduction or use of CanGuard.org’s marks in any manner other than expressly authorized by CanGuard.org. CanGuard.org marks may not be combined with those of another company. Any use of the CanGuard.org marks that implies a relationship with or endorsement by CanGuard.org is strictly prohibited. CanGuard.org has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of CanGuard.org marks. The following statement must accompany the use of CanGuard.org trademarks and logos: “is a registered trademark or trademark of CanGuard.org.”
TRADEMARK NOTICE
CanGuard.org’s trademarks and logos are owned by CanGuard.org. All other trademarks and logos used on CanGuard.org are the trademarks and logos of their respective owners.
INDEMNITY
You hereby agree to, at your own expense, indemnify, defend and hold CanGuard.org harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to the following: (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by user; (b) any fraud, manipulation, or other breach of this agreement by a user or users; and/or (c) any third-party claim, action or allegation brought against CanGuard.org or related company arising out of or related to the use of CanGuard.org. CanGuard.org will have the right to participate in its defence and hire counsel of its choice, at your expense. User will not settle any action or claims on CanGuard.org’s behalf without the prior written consent of CanGuard.org.
NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind CanGuard.org in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.
GENERAL
By using CanGuard.org you agree to the above stated terms of use. This Agreement is entered into in the Province of Ontario and shall be construed in accordance with the laws of Ontario, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the province and federal courts having jurisdiction in the City of Newmarket in the Province of Ontario, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if CanGuard.org prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. CanGuard.org may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.
SURVIVAL OF TERMINATION
Paragraphs 1-3 and 5-12 shall survive the termination or expiration of this Agreement. Copyright© 2009 – 2017 CanGuard.org. All Rights Reserved. Terms of Use are strictly enforced.
BILLING POLICIES
CanGuard.org will bill your credit card for or provide an invoice for each student you register to use curriculum and training tools available through the CanGuard.org website. Billing will appear on credit card statements from CanGuard.

Your right to use CanGuard.org is subject to CanGuard.org receiving payment. If payment is not received by CanGuard.org for any reason, CanGuard.org reserves the right to suspend or terminate your access.

All student fees are non-refundable. Pricing does not include sales tax, first aid training or the cost of obtaining testing and licensing through the appropriate government agencies. Students have access to the courses for 1 year from the date of registration.

Cancellation by email to info@CanGuard.org which includes the following information: “Cancel service for (full name of student(s)) at (full address used in account information)”. Alternatively you can call 1-905-999-5394 for assistance; however cancellations must still be done in writing. Cancellations by regular post should be mailed to 227 Dearborn Ave, Oshawa, ON, L1G 4Z3 and should also include the following information: “Cancel service for (full name of student)”.
STUDENT’S USE AGREEMENT
As a member of CanGuard.org’s student community, CanGuard.org requires that students comply with the following rules and safety precautions:

1. Students will not give out personal information such as their address, telephone number, work address / telephone number, or the name and location of their company or worksite without their company’s permission.

2. Students agree to tell CanGuard.org right away if they come across any information that makes them uncomfortable.

3. Students agree to not meet in person someone they “meet” online without first obtaining permission from their company. If the company agrees to their students meeting in person an online acquaintance, as a safety precaution, that meeting will occur in a public place. CanGuard.org does not recommend meeting online acquaintances as it poses potential danger to both minors and adults.

4. All communication should be performed through secure means provided by CanGuard.org.

5. Students will not respond to any messages that are mean-spirited or make them feel uncomfortable in any way. If they do receive such a message, they will show and/or tell CanGuard.org.

6. Students will not give out their Internet password to anyone.

7. Students will be good online citizens and not engage in behaviours or post comments that are mean-spirited or illegal or that can be construed as hurtful or harmful to another.

8. Students will not respond to demeaning messages or messages that make them feel uncomfortable in any way. If they receive such messages, they will contact CanGuard.org.