D2L.com Company Website – Terms of Use

Please note: If you were given access to the Brightspace platform by your organization, these terms do not apply to your use of Brightspace. You should contact your organization about any applicable term of use that may apply.

These terms of use apply to this list of websites (“the Site”) which are run by D2L Corporation (“D2L”) and provide information regarding D2L, its products, services, and opportunities that it provides (“the Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

D2L reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or for prospective clients of D2L to learn about D2L products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. D2L reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

Copyright

The Site and the Content are protected by U.S., Canadian, and/or foreign copyright laws, and belong to D2L or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by D2L or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by D2L, for example in certain password-restricted areas of the Site). You may not manipulate or alter in any way images or other Content on the Site without specific permission from D2L or the copyright owner.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. For a list of D2L trademarks, please visit www.D2L.com/legal/trademarks/.

Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by D2L of the third party, the third-party website, or the information contained therein. D2L is not responsible for the availability of any such websites. D2L is not responsible or liable for any such website or the content thereon. If you use the links to the websites of D2L affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.

Linking to this Site

If you would like to link to the Site we recommend that you connect directly to the home page. You may not connect directly to an asset on this Site. You may not mirror or frame the home page or any other pages of this Site on any other website or web page.

Downloading Files

D2L cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Software

D2L cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Disclaimer of Warranties

D2L MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. D2L EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. D2L DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. D2L DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

IN NO EVENT WILL D2L BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF D2L HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN THE EVENT THAT LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH EVENTS, D2L’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE MINIMUM ALLOWABLE AMOUNT AS PERMITTED BY LAW. D2L RESERVES THE RIGHT TO REFUSE LIABILITY OUTSIDE OF JURISTICTIONS IN WHICH IT CAN BE HELD ACCOUNTABLE.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless D2L, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

Privacy Policy

See D2L’s Privacy Policy.

User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

User Supplied Information

D2L does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give D2L the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

Password Security

If you register to become a D2L member any way, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

Class Action Waiver

Any arbitration will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. Claims may only be brought in individual capacity, and not as a plaintiff or class member in any punitive class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Waiver of Jury Trial

You hereby knowingly and voluntarily waive your right to trial by jury with respect to any dispute arising out of or in connection with these Terms of Use.

General Provisions

ENTIRE AGREEMENT/NO WAIVER

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by D2L of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

CORRECTION OF ERRORS AND INACCURACIES

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. D2L therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. D2L does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

ENFORCEMENT/ CHOICE OF LAW/ CHOICE OF FORUM

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, D2L’s Privacy Policy, your use of the Site, any other D2L website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the Province of Ontario, Canada, without regard to any conflict of laws provisions.

CLAIMS OF COPYRIGHT INFRINGEMENT

D2L respects the intellectual property of others, and we ask our users do the same. We respond expeditiously to clear notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act or the laws of another jurisdiction.
If you believe your copyrights are being violated and want to notify us, you can find information about submitting notices and D2L’s policy about responding to notices in our Notice and Takedown Procedure.

Date of Last Modification: 12/05/2022