Terms of Use 
By clicking "I agree to the Terms of Use" you are indicating that you have read, understood, and agree to these Terms of Use.


1.     Introduction – Welcome to my course!

This course was created by Heather McGhee Peggs (“HMP”) for general information purposes and for a post-secondary faculty audience.  This course is provided on an “as is” and “as available” basis.  In view of the complex, individual, and specific nature of conflict management, this course is not intended to replace legal or other advice or institutional resources and supports that are available for you personally or professionally.  More specifically, the information provided does not constitute legal advice and participants should use their own good judgment in applying any of the recommendations, strategies, skills, exercises, and using this course in any way.  Questions, comments or concerns? Want to let us know about a broken link? Please email: info@mpresolutions.com


2.     Your registration

You must register with Thinkific in order to access this course, and your registration and use is subject to Thinkific Terms of Service (https://www.thinkific.com/terms-of-service/). By choosing to register for this course you are consenting to the collection and use of personal data by HMP and/or Thinkific, and agreeing to provide and maintain true, accurate, current, and complete information about yourself, as prompted by the registration form.  You acknowledge and agree that each registration is for a single participant in the course and you agree not to share your account information with others. 


3.     How you can use this course

All course content is solely for your personal and non-commercial use.  When you register for and/or pay any fees for this course, you are granted a limited, non-exclusive, and non-transferrable licence to access the content for that purpose and no other.  No right, interest, or title will be transferred to you.  HMP reserves the right in her discretion, to revoke this licence at any time and for any reason. You acknowledge and agree not to share any content from this course without express permission in writing from HMP, although such permission may be granted within the course (e.g., “consider sharing this activity with colleagues”).


4.     Certificate of completion

If you choose to complete all of the quizzes in this course, you will be eligible to receive a certificate of completion (“Certificate”).  The Certificate for this course will be provided to you individually for your records; it is not accredited or associated with any higher education institution or professional association.  HMP retains the right to issue Certificates at her discretion; you accept that there is no monetary value associated with the Certificate.   


5.     Limited money back guarantee

If after registering for this course, and before starting Module 2, you are not satisfied or would like to cancel your registration for any reason, HMP will refund the fee you paid, less any transaction fees charged by Thinkific or any other 3rd party payment provider (see: https://support.thinkific.com/hc/en-us/articles/1500012376321).  Refunds are not available after you start Module 2. Refunds are not available at any time for accounts that are suspended or cancelled for violation of these Terms of Use or by Thinkific under their policies.   To request a refund, please email info@mpresolutions.com .


6.     Fees

To the extent that this course is made available for any fee, you will be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize HMP and her authorized agents to bill your payment instrument in accordance with the terms provided, until you terminate your account, and you further agree to pay any charges so incurred.  HMP reserves the right to change the course fee at any time, applicable to any new registrations.  


7.     Collection & Protection of Personal Information

In this Privacy Policy, “Personal Information” is any information that is identifiable with you, as an individual.  This information may include, but is not limited, to your address, telephone number, email address, and Internet Protocol (“IP”) address.  Personal Information, however, does not include your business title, business address, or business contact information in your capacity as an employee or officer of an organization.Personal Information may be used to confirm your identity, to respond to inquiries or comments, to carry out business activities, including processing financial transactions, and generally to communicate with and provide you with the products, training, and services you have requested.  HMP may keep a record of your Personal Information, correspondence, or comments in a file specific to you, or in a file designated by her agent or service provider that HMP has access to.  HMP will use, disclose or retain your Personal Information for as long as necessary to fulfill the purposes for which that Personal Information was collected, or as permitted or required by law.  When you provide consent to collect and use your Personal Information, your consent covers all activities carried out for the same or similar purpose or purposes.   HMP will always collect your Personal Information by fair and lawful means, whether directly from you, or indirectly from or through third party sources, or as otherwise permitted by applicable law.  Where your consent is required, you may refuse or withdraw your consent to the collection, use and disclosure of your personal information. If you would like more information or to withdraw your consent, you may email HMP.  You acknowledge and agree that HMP may preserve and/or disclose content, including but not limited to personal information, in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of HMP, course participants, and the public.  Please also see Thinkific’s Privacy Policy: https://www.thinkific.com/privacy-policy/.

 

8.     Course participation

You will be invited, but not required, to engage in discussion chats and quizzes as part of this course.  You acknowledge and agree that you are solely responsible for all information, or other materials (“content”) that you share as part of this course. 

 

Please don’t include personal information in discussions: You acknowledge and agree not to provide any personal information or content that may identify or pose a privacy or security risk to other people, including but not limited to names, student numbers, and identifying details.  


Please don’t provide information that is confidential:  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you as part of the course, are non-confidential and you have the right or permission to share such information, and that HMP will be entitled to the unrestricted use and dissemination of this information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


Please be kind in your interactions with other participants:  You acknowledge and agree that you are solely responsible for your interactions with any other participant in connection with the course and HMP will have no liability or responsibility in relation to such interactions.  More specifically, and without limiting the generality of the foregoing, you agree not to share content that is: (a) unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (b) is for commercial, advertising or promotional purpose, or (c) restricts or inhibits any other person from using or enjoying the course, or which may expose HMP, the course, or its participants to any harm or liability.


HMP reserves the right, but has no obligation, to become involved in any way with disputes between you and any other participant.  At her sole discretion, HMP reserves the right to investigate and take appropriate action against anyone who is engaging improperly, including removing comments, terminating an account, and/or reporting individuals to the appropriate law enforcement authorities. 


9.     Modifications, discontinuance and termination

HMP will try to provide you with advance notice if the course is going to be discontinued. However, notwithstanding the foregoing, HMP reserves the right to modify or discontinue, temporarily or permanently, the course without notice. You acknowledge and agree that HMP, in her sole discretion, may suspend or terminate your account (or any part thereof) or use of the course and remove and discard any content within the course, for any reason, including, without limitation, for lack of use or violation or acting inconsistently with the letter or spirit of these Terms of Use.  In such circumstances, HMP will no obligation to retain any content submitted by you as part of the course.  Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of this course, may be referred to appropriate law enforcement authorities.


10.  Third Party materials & links

This course may contain third-party materials or links to such materials, in print or other format.  You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any course content, including any reliance on the accuracy, completeness, or usefulness of such content and third-party materials or links.  HMP has no control over third party websites, links and content, including whether links have changed or broken. Under no circumstances will HMP be liable in any way for any content or materials of any third parties (including other participants), including, but not limited to, for (j) errors or omissions in any content, or (ii) any loss or damage of any kind, directly or indirectly, incurred in connection with, or as a result of the use of or reliance on, any such content or materials. Any dealings with third parties as a result of using this course are between you and the third party, and you agree that HMP is not liable for any loss or claim that you may have against any such third party.


11.  Copyright Complaints

HMP respects the intellectual property of others. If you believe in good faith that any materials in the course infringes upon your copyrights, please contact HMP:  info@mpresolutions.com .  Please include specific details to identify the copyrighted work claimed to have been infringed (including where in the course), and your address, telephone number, and email address.


12.  Intellectual Property Rights

You acknowledge and agree that the course may contain content or materials that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws, and that you are solely responsible for the use of such content and materials  in ways that will not violate such rights and laws. All goodwill generated from the name, logos, trademarks or other marks of HMP or this course will inure to HMP’s exclusive benefit.  


13.  Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold HMP and her agents, affiliates and their officers, employees, directors, harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your participation in this course, your connection to this course, your violation of these Terms of Use, or your violation of any rights of another. 


14.  Disclaimer of Warranties

HMP makes no warranty that (i) this course will meet your requirements, (ii) your participation in the course will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from taking this course will be as anticipated or meet your expectations. Except as otherwise provided herein, HMP expressly disclaims all warranties of any kind in relation to this course, whether express, implied, or statutory.  


15.  Limitation of liability 

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to participation in this course or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You acknowledge and agree that HMP will not be liable to you or any third party for any modification, suspension or discontinuance of the course, or suspension or termination if your account, whether initiated by HMP or Thinkific. HMP expressly disclaims any responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and/or application of any of the contents of this course, including the use of the Thinkific platform and breaches of privacy through the Thinkific platform. Under no circumstances will HMP be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond reasonable control. You expressly understand and agree that you will not claim against or seek to hold HMP liable for any direct or indirect damages or loss, whether based in contract, tort, negligence, strict liability, or otherwise, related to this course. 

IN ANY AND ALL CIRCUMSTANCES, HMP’S TOTAL LIABILTY TO YOU IN RELATION TO THIS COURSE, IS LIMITED TO THE FEES THAT YOU HAVE PAID FOR THIS COURSE, OR IF GREATER, ONE HUNDRED DOLLARS (CAD$100).  THIS INCLUDES ANY CLAIMS THAT YOU MIGHT HAVE AGAINST THINKIFIC, FOR ANY REASON, INCLUDING BREACH OF PRIVACY OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR PERSONAL INFORMATION. IF THE ABOVE LIMITATION DOES NOT APPLY IN YOUR JURISDICTION, YOU ACCEPT THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COURSE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE COURSE.


16.  Dispute resolution

If you have a dispute with HMP related to these Terms of Use, you agree that before initiating or taking any formal action, you will contact us by email to provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or other legal action.

info@mpresolutions.com


17.  Acknowledgements

I would like to acknowledge the essential connection that existed between the work of the Graduate Conflict Resolution Centre (Grad CRC) and the land on which the University of Toronto operates. For thousands of years this has been the traditional land of the Huron-Wendat, the Seneca, and the Mississaugas of the Credit. Toronto is still home to many Indigenous people from across Turtle Island. I am incredibly grateful to the original stewards of this land and for the opportunity to live, work, and learn in Toronto.

I have included in this training material related to the Grad CRC that was created or compiled in the course of my employment with the University of Toronto (2015-2020), and with the support and funding of the University of Toronto.  The case studies, examples, and excerpts from coaching conversations are based on actual conversations with graduate students, faculty, or staff between 2016 and 2020, with edits made to protect confidentiality and for illustrative purposes.  I have made every effort to indicate when included materials were written by or in collaboration with the members of the graduate peer advisor team. Edits have been made for length, spelling, and grammar and are otherwise their own words, and are cited as from ‘peer advisor’ or more generally as ‘we’. I ask for their forgiveness for any errors or omissions. 

18. General

a. The applicable jurisdiction for any matter relating to this course is Ontario, CANADA. 

b. These Terms of Use constitute the entire agreement between you and HMP and govern your participation in the course, superseding any prior agreements between you and HMP with respect to the course. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content, or third party software.

c. The failure of HMP to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. 

d. The section and subsection titles in these Terms of Use in bold are for convenience only and have no legal or contractual effect. 

e. Notices to you may be made via either email or regular mail. 

f. HMP may make changes to these Terms of Use, at any time, for any reason, with or without notice.

Last revised:           June 17, 2022
Created:                   May 4, 2022