Terms of Use

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1. Agreement Between the Hanen Early Language Program® and User

This is a binding agreement ("Agreement") between the Hanen Early Language Program ("Hanen") and you, the user ("You" or "Your"). Hanen's Web Site, www.hanen.org, including any web-services offered therein (“Web Services”) is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using Hanen's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

2. Modification of These Terms of Use

Hanen reserves the right to change the terms and conditions of this agreement, including our separate privacy policy, from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. Hanen has no duty or obligation to inform prior users of this web site that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your non-termination of your account or continued use of Hanen's web site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. Hanen may change, restrict access to, suspend, or discontinue its website (or any portion thereof) at any time.

3. No Professional Advice

The information and materials available through Hanen’s Web Site, including without limitation the Hanen Web Services, is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. The medical, scientific and general information included on Hanen’s website may reflect innovations and opinions not universally shared, and does not necessarily reflect the view of Hanen.

Hanen and Hanen’s web site, including without limitation Hanen's web services, do not give medical advice or provide medical or diagnostic services. Your reliance upon information and materials obtained by you at or through Hanen's web site, including without limitation from Hanen's web services, is solely at your own risk.

4. Privacy Policy

Because your privacy is important to You and to Hanen, Hanen will operate its website in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the Privacy Policy. By consenting to this terms of use agreement for Hanen’s website, you consent to this privacy policy.

5. Usage of Hanen’s Website

As a condition of Your use of Hanen’s website, You represent and warrant to Hanen that You will not use Hanen’s Website for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.

You represent and warrant that You will not use Hanen’s Website in any manner which could damage, disable, overburden or impair Hanen’s Website or interfere with any other party's use and enjoyment of Hanen’s Website.

The Members Only portion of Hanen’s Web Site (hereinafter "Members Only Site", “MyHanen”, “Member Portal“, “Member Site”, “Member Area”) will be accessible only to dues-paying members of Hanen ("Members"). All Member information provided to Hanen and posted on Hanen’s Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If Hanen at any time discovers any error or omission in the information You provide, Hanen may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your Hanen Member information to access any portions of Hanen’s Web Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You or any other third party as a result thereof.

Hanen’s Web Site may contain chat areas, forums, groups, bulletin board services and other facilities ("Hanen Web Services") that permit You to communicate with other Hanen Members. You agree to use these web services only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using Hanen Web Site, You will not:
  • Violate any applicable laws or regulations;
  • Send, publish, post, upload, distribute or disseminate any information that may violate antitrust law, including without limitation past, current, or future fees; fee discounts provided; terms of credit; price and pricing information; inventories; commission information; profit information, including what is a reasonable or fair profit margin;
  • Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as Hanen's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
  • Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from Hanen’s Web Site;
  • Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
  • Harass, abuse, threaten or otherwise violate any legal rights of others;
  • Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonourable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, professionalism, education, disability, or sexual orientation;
  • Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
  • Use Hanen’s Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
  • Use Hanen’s Web Site to forward chain letters;
  • Permit anyone other than Yourself to use Your Hanen Member information to access any portions of Hanen’s Web Site which are restricted to Members only;
  • Forward any portions of Hanen’s Web Site which are restricted to Members to anyone who is not a Member of Hanen; or
  • Violate any of Hanen’s policies, guidelines or other codes of conduct which are applicable to Hanen’s Web Site or in particular to one of Hanen’s Web and/or Online Services.
  • Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of Hanen;
  • Frame, squeeze back, overlay or employ other techniques to enclose or display the Hanen Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Hanen Web Site, with any other software or content of a third party;
  • Use any meta tags or any other "hidden text" utilizing the names or trademarks of Hanen without its prior written consent;
  • Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; or
  • Violate any of Hanen’s policies, guidelines or other codes of conduct.
Hanen reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from Hanen’s Web Site, including without limitation any information or materials posted through use of Hanen’s Web Services, regardless of whether such material does or does not violate this Agreement or any of Hanen's policies, guidelines, or other codes of conduct which are applicable to Hanen’s Web Site or, in particular, to one of Hanen's Web Services.

While we make every effort to ensure the accuracy of the content presented in Hanen’s web services, Hanen does not specifically control or endorse the content, messages or information found in any of its web services, and Hanen specifically disclaims any liability with regard to its web services. Hanen does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on Hanen’s web services unless it is provided by an authorized Hanen spokesperson. Any statements made on Hanen's web services reflect only the views of their authors, and your reliance on any such content is at your own risk. Hanen's web services will be managed or hosted by either employees or members of Hanen, who are not authorized Hanen spokespersons, and their views or actions in managing or hosting Hanen's web services do not necessarily reflect those of Hanen.

6. Security

The Members Only Site is intended by Hanen to require a user identification and password to access and use. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing Hanen in writing of any need to deactivate or replace any Member Information due to security concerns. Hanen is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify Hanen immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to Hanen under this section of the Agreement may be accomplished by sending an e-mail to [email protected] or by conventional mail to:

Webmaster
Hanen Early Language Program
1075 Bay Street
Suite 515
Toronto, Ontario
Canada
M5S 2B1

7. Product Information and Warranties

At Hanen we advertise and offer for sale our products and other third party products. Unless indicated otherwise, most products and services featured on the site are available directly from or through Hanen’s Web Site. Hanen has made a conscientious effort to display and describe its products and services on its Web Site accurately so that You may preview their design and use. Furthermore, Hanen is constantly improving its information, products and services. Consequently, Hanen cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services.
If a product offered by Hanen on its Web Site is not as described, your sole remedy is to return it pursuant to our return policy. Warranty information regarding any products and services featured on Hanen’s Web Site is available at no cost to You by e-mailing the Hanen Sales Department at
[email protected], or by writing to:
Sales Department
Hanen Early Language Program
1075 Bay Street
Suite 515
Toronto, Ontario
Canada
M5S 2B1

Receiving an order acknowledgement via e-mail does not guarantee the acceptance of an order. Hanen reserves the right to limit the quantity of items ordered and/or refuse to sell to any customer.

All items purchased from Hanen are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Copyright and Trademark Ownership, Notices and Infringement

Please refer to the Copyright area of the website for details.

All contents of Hanen’s Web Site are:
©2010 Hanen Early Language Program. All rights reserved.

Hanen’s Web Site and the content displayed on Hanen’s Web Site and all software, data and information used to provide the Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned or licensed and are proprietary to Hanen, its affiliate and licensees and are protected by the copyright laws of Canada as well as those in other countries. The compilation of the content on Hanen's Web Site is the exclusive property of Hanen and is protected by the copyright laws of Canada as well as those in other countries.

Hanen does not claim ownership of the intellectual property You may provide to it, including, without limitation, feedback, suggestions, posts, uploads, inputs, or submissions to Hanen's Web Site including without limitation any of Hanen’s Web Services. However, if You provide such materials or information to Hanen:
  • You are warranting and representing that You own or otherwise control all of the rights to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and
  • You are granting Hanen, its affiliated entities and necessary sub-licensees permission to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. Hanen will not pay You compensation with respect to the use of Your materials or information unless otherwise indicated in a written contract.
    You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Hanen’s Web Site without the prior written permission of Hanen. For information, send an e-mail to [email protected] 
     
Or write to:
Attn: Copyright
Hanen Early Language Program
1075 Bay Street
Suite 515
Toronto, Ontario
Canada
M5S 2B1

Hanen grants You the limited and nonexclusive right and license to access or download content from the Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through Hanen's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use Hanen's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to Hanen and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from Hanen's Web Site as authorized hereunder.

Any rights not expressly granted herein are reserved to the Hanen Early Language Program.

Trademarks:
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to Hanen’s names, logos, logotypes, trade dress, designs, or other trademarks.

Trademarks and Registrations
  • The Hanen Centre
  • Hanen Early Language Program
  • It Takes Two to Talk
  • You Make The Difference
  • More Than Words
  • TalkAbility
  • Learning Language and Loving It
  • Teacher Talk
  • ABC and Beyond
  • Target Word 
Any rights not expressly granted herein are reserved to Hanen.

Notices and Procedure for Making Claims of Copyright Infringement:

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HANEN THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

By email:
[email protected]

By mail:
Attn: Copyright
Hanen Early Language Program
1075 Bay Street
Suite 515
Toronto, Ontario
Canada
M5S 2B1

9. Links to Third Party Web Sites

Hanen’s Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of Hanen, and Hanen is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by Hanen of the sites or any association or relationship with its operators.

10. Termination

Hanen reserves the right in its sole discretion to terminate Your access to its Web Site, including without limitation Hanen's Web Services, at any time without notice for any reason whatsoever.

Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.

11. Compliance With Applicable Laws

Hanen reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

12. General Disclaimers, Exclusion of Damages, and Limitation of Liability

The information, software, products and services included in or available through Hanen's web site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Hanen may make improvements or changes to its web site at any time. Advice received via Hanen's web site should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice.

Hanen makes no representations about its web site, including, without limitation, Hanen's web site's suitability, reliability, availability, timeliness and accuracy of the information, materials, software, products, services and graphics found on or through Hanen’s web site. Hanen provides its web site, including, without limitation, all information, materials, software, products, services, and graphics "as is" without warranty of any kind. To the full extent permissible by applicable law, Hanen disclaims all warranties and conditions with regard to its web site & web services, including, without limitation, all information, materials, software, products, services and graphics found on or through Hanen's web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement or warranties arising by course of dealing or custom of trade.

Your sole and exclusive remedy if you are dissatisfied with any portion of Hanen web site is to discontinue using Hanen’s web site. In no event and under any circumstances whatsoever shall Hanen be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Hanen's web site and/or web services, with the delay or inability to use Hanen's web site or Hanen's web services, the provision of or failure to provide services, or for any information, materials, software, products, services or graphics obtained on or through Hanen's web site, security breaches, or otherwise arising out of the use of Hanen's web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Hanen has been advised of the possibility of damages. Also, and in particular, in no event shall Hanen be held liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in connection with the information provided on or through Hanen's web site and/or web services, including without limitation in connection with the use of techniques or procedures discussed on or through Hanen's web site.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.

13. Indemnity

You agree to indemnify Hanen from and against any and all liabilities, expenses (including without limitation attorneys' fees) and damages arising out of claims based upon your use of Hanen's web site and/or web services, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. Hanen will notify you of any claim for which Hanen seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Hanen's interests, as reasonably determined by Hanen at its sole discretion.

14. Governing Law

This Agreement is governed by the laws of the province of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of Hanen’s Web Site. Use of Hanen Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

15. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Hanen as a result of this Agreement or use of Hanen Web Site, including, without limitation, Hanen's Web Services unless otherwise specified in a valid co-operative agreement/contract.

16. Construction

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation 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.

17. Entire Agreement

Unless otherwise specified in a valid co-operative agreement (between the User and Hanen) or in the terms and conditions for event registration, this Agreement constitutes the entire agreement between You and Hanen with respect to Hanen's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Hanen with respect to Hanen’s Web Site, including without limitation to Hanen's Web Services.

18. Notices

Notices given by Hanen to You will be given by a general posting on Hanen's Web Site or by an e-mail, if an e-mail address is available. Notices given by Hanen to Members may also be given by conventional mail. Notices to Hanen must be sent by conventional mail to:

Attn: Membership
Hanen Early Language Program
1075 Bay Street
Suite 515
Toronto, Ontario
Canada
M5S 2B1

19. Assignment

Hanen may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of Hanen.

20. Captions and Headings

Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.

If you have any questions about this Terms of Use policy, or any instance of its application, please feel free to contact us at [email protected] or by phone at 416.921.1073.

21. Physical Location of Data

The Hanen Centre's website is currently hosted with Amazon Web Services (AWS). The data is physically located at AWS's secure data centre in Virginia, USA and is subject to all applicable local, state and federal laws.