Terms of Service
Safety with Sam™
By accessing the “ Safety with Sam™” (hereafter the “Course”) you agree to be bound by these Terms and Conditions of ARETE safety and protection inc. (hereafter known as “ARETE”, “We” “Us”, or “Our”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Course and the Course materials. The materials contained in this Course and on are protected by applicable copyright and intellectual property laws of ARETE.
2. USER LICENSE
Users are granted permission to temporarily use one copy of the materials (information) from the Course for personal, non-commercial transitory viewing only. This is the grant of a limited, non-exclusive, non-transferable, royalty-free license exercisable only during the Duration of Access (as hereinafter defined) and is not a transfer of title. Under this limited license you may NOT:
- Modify, copy, extract, summarize, distribute or publicly display the Course materials;
- use the materials for any commercial purpose;
- attempt to decompile or reverse engineer any software contained in or comprising the Course
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person, "mirror" the materials on any other server, or do any other act in order to display it for multiple beneficiaries per license, for the purposes of education or training (referring to, but not limited to computer monitors, projectors, and TVs).
The limited license being made available to you will automatically terminate if any of these restrictions are violated and may be terminated by Us at any time. Upon terminating your viewing of these materials, or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format, immediately.
We own and are authorized licensees of all right, title and interest in and to the Course and the contents of the Course materials, as well as any trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights contained in and/or relating to the Course and the Course materials and the software and systems which make the Course available to you ("Intellectual Property"). Nothing in these Terms and Conditions constitutes a license to Customer to use or resell the Intellectual Property other than as specifically set forth herein.
3. DISCLAIMER OF WARRANTIES
The Course and the Course materials in the Course are provided on an "as is" and “as available” basis. To the maximum extent permitted by applicable law, We make no warranties, expressed or implied, in respect of the operation of the Course and We hereby disclaim all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of third party rights. You agree to address any questions or concerns respecting the Course directly with ARETE. This includes, without limitation, any concerns you may have about the content, likely results, fitness, quality, accuracy or reliability of the Course or the Course materials. You agree that your enrollment in and use of the Course is at your sole risk. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. We cannot guarantee continuous availability of the Course, availability at a particular time, integrity of data, information or content stored or transmitted via the Internet. We will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information or content transmitted, received or stored pursuant to your enrolment in and/or use of the Course.
4. LIMITATION OF LIABILITY
In no event shall We or our subsidiaries or affiliates (and each of their respective employees, agents, directors, officers subcontractors, representatives or suppliers) be liable for any damages (including, without limitation, direct, indirect, incidental, special, liquidated, punitive or consequential damages, including damages for loss of data or profit, or due to business interruption) arising from the use or inability to use the Course or the Course materials even if We, or an authorized representative of Us, have been notified of the possibility of such damage. You further agree that We and our subsidiaries or affiliates (and each of their respective employees, agents, directors, officers subcontractors, representatives or suppliers) shall not be liable to you for any damages of any kind arising from the use or misuse of your personal information. You agree that for any liability related to the Course for which We might, by a court having jurisdiction, be found to be liable for, We shall not be liable or responsible for any amount of damages above the aggregate dollar amount paid by you in respect of your enrollment in the Course or $500.00, whichever is less.
5. REVISIONS AND ERRATA
The Course materials could include technical, typographical, or photographic errors. We do not warrant that any of the Course materials are accurate, complete or current. We may make changes to the materials contained on its Course at any time without notice. We do not, however, make any commitment to update the Course materials unless and until requested or required by Provider.
6. REFUND POLICY
The Course is provided as an "all-in-one" software package, which means that once enrolment fees are paid, admission is final and refunds are not available. Whereas there is no penalty for failing to complete the Course once enrolled, if you do not to complete the Course, you will not be eligible for a refund of any enrolment or other fees paid.
7. COURSE EXPIRY
In order to receive ARETE’s certificate of completion you are required to successfully complete all aspects of the Course (including the final survey) within 24 hours (hereafter “Duration of Access”) of starting the course. If you fail to complete the course within the given Duration of Access, you will not be awarded a certificate of completion and, in accordance with paragraph 6, will not be eligible for a refund.
We may revise these terms and conditions of use at any time without notice. By using this website, you are agreeing to be bound by any updated version of these Terms and Conditions.
You agree to indemnify, defend and hold harmless Us and our subsidiaries and affiliates and each of their respective officers, directors, employees, shareholders, representatives and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable legal fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to your use of the Course, (ii) any violation by you of these Terms and Conditions.
10. ACADEMIC INTEGRITY
You are prohibited from posting assignments, survey questions, and course content online. If you fail to adhere to this policy, you will not receive the Course certificate and will be removed from the course. In accordance with Paragraph 6, no refund will be offered if you are removed from the course.
11. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of law provisions. You hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of such province. These Terms and Conditions and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.
These Terms and Conditions state the entire agreement between you and Us. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You agree with Us that it is our mutual intent that these Terms and Conditions, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.