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Terms of Use

Welcome to Falun Dafa Canada (“us”, “we”, or “our”). These Terms of Use apply to the website LearnFalunGong.com (the “Website”). The Website shall be referred to as the “Digital Service.”

These Terms of Use apply to all visitors to and users of the Digital Service (“Users”), whether or not you have registered or subscribed for any of the services offered on the Digital Service, including any mobile version thereof. By accessing or using the Digital Service, you signify that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Digital Service after any such changes are posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Digital Service.

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Privacy

We care about the privacy of our Users. We have established a Privacy Policy to govern how User information is collected and used. By registering, accessing, or using the Digital Service, you are signifying your acknowledgment and agreement to the Falun Dafa Canada Privacy Policy.

Accuracy of Registration Information

In consideration of your use of the Digital Service, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current, and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Registration Data or any other breach of security.

Proprietary Rights in Site Content

All content on the Digital Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement, are the property of Falun Dafa Canada or its licensors, with all rights reserved. No Digital Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise.

Trademarks

Falun Dafa Canada graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in Canada and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Mobile Services

The Digital Service may include certain services that are available via your mobile phone. Your carrier’s normal messaging, data, and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the mobile services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such mobile services. By using the mobile services, you agree that we may communicate with you regarding the Digital Service by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.

Third-Party Websites and Content

The Website contains (or you may be sent through the Website) links to other websites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Website or relating to any applications you use or install from the Website.

Acceptable Site Use

Security: Users are prohibited from violating or attempting to violate the security measures on this site, including, without limitation:

1. attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
2. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
3. hijacking all or any part of the site content, deleting or changing any site content, or linking to the site without our specific written permission;
4. attempting to interfere with service to any User, host, or network, including, without limitation, via means of overloading, "flooding," "mailbombing," or "crashing";
5. sending unsolicited email, including promotions and/or advertising of products or services.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations, and we may involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

Submissions

If you contact this site in order to submit your comments, ideas, or other materials of any kind, we reserve the right to consider all such materials voluntarily submitted by Users as non-confidential and free of any claims of proprietary or personal rights.

Disclaimers

Neither we nor our agents or representatives are responsible or liable in any manner for any Third-Party Content posted on the Digital Service or in connection with the Service. We do not control and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Digital Service in connection with any Third-Party Content.

The Digital Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Digital Service or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Digital Service, including any Mobile Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s use of the Website or the Service or Third-Party Content posted on or through the Digital Service.

THE DIGITAL SERVICE (INCLUDING MOBILE SERVICES) AND ALL DIGITAL SERVICE CONTENT ARE PROVIDED “AS-IS”. FALUN DAFA CANADA DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICE. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS ON THE DIGITAL SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE DIGITAL SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE SERVICE) FROM OR THROUGH THE DIGITAL SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

We reserve the right to change any and all content, software, and other items used or contained in the Digital Service offered through the Digital Service at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith.

Limitation on Liability

IN NO EVENT WILL FALUN DAFA CANADA OR ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST INCOME OR LOST DATA OR DAMAGE TO ANY COMPUTER SYSTEM, ARISING FROM YOUR USE OF THE DIGITAL SERVICE, OR ANY OF THE DIGITAL SERVICE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF WE ARE IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID FOR USE OF THE DIGITAL SERVICE GIVING RISE TO A CLAIM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF ACTION.

Term & Termination

Subject to this Section, these Terms of Use will remain in full force and effect while you use the Digital Service. We reserve the right, at our sole discretion, to limit or terminate access to the Digital Service and/or prohibit you from using or accessing the Digital Service (or any portion, aspect, or feature of the Digital Service) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Digital Service and/or suspend or terminate the registration, subscription, or membership of any party who violates these Terms of Use.

Governing Law; Venue and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. The User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

Arbitration

YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE DIGITAL SERVICE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE OF THE DIGITAL SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE DIGITAL SERVICE) SHALL BE FINAL AND BINDING ARBITRATION. Any arbitration shall be conducted in Toronto, in English, by a single arbitrator in accordance with the Arbitration Act (Ontario).

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the Digital Service (including your visit to or use of the Digital Service) be instituted more than two (2) years after the cause of action arose.

Indemnity

You agree to indemnify and hold Falun Dafa Canada, its parents, subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and us regarding the use of the Digital Service, superseding any prior agreements between you and us relating to your use of the Digital Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.