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1. Introduction:
1.1 Thank you for your interest. These Terms and
Conditions of Use (collectively, the "Agreement") govern
your use of the Internet-based learning service operated
by Stuart Hunt & Associates Ltd. (the "Service").
1.2 Your participation in the Service is conditioned
upon your acceptance of this Agreement. Please carefully
read this Agreement and indicate your acceptance by
using the Service, purchasing and enrolling in a course.
Stuart Hunt & Associates Ltd. reserves the right and at
its discretion, to change or modify all or any part of
this Agreement, at any time. Such changes or
modifications shall be effective immediately upon
publication on the Service. Your continued use of the
Service constitutes your acceptance of these terms and
conditions including any changes or modifications made.
If at any time any part of this agreement is no longer
acceptable to you, you should immediately stop your use
of the service. Stuart Hunt & Associates Ltd. is not
obligated to refund any portion of the fees paid
This Agreement is the entire agreement relating to its
subject matter between you and Stuart Hunt & Associates
Ltd. and it supersedes any prior proposal,
representation or understanding between the parties,
unless expressed in a formal contract, which will be
interpreted in a manner consistent with this Agreement.
2. Grant of License:
Stuart Hunt & Associates Ltd. grants you the right, with
a standard web browsing program ("a Browser") not
supplied by Stuart Hunt & Associates Ltd. to use the
Service that contains information, graphics,
photographs, audio and video clips, and other material
(collectively, the "Content") for your own individual
(non-commercial) use on one personal computer or other
device capable of displaying the Content. You may not
share your access nor distribute any Content from the
Service to others without the prior written permission
of Stuart Hunt & Associates Ltd.
3. Use of Service Content:
3.1 You acknowledge that the Service contains Content
that is the property of Stuart Hunt & Associates Ltd.,
licensed by Stuart Hunt & Associates Ltd. or used under
the fair use provisions of the Copyright Act and is
intended for the individual, non-commercial use of the
registered subscribers of the Service only.
3.2 The subscriber may print a single copy only of any
provided PDF Course Notes.
3.3 You may not modify copy, publish, transmit, transfer
or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit, any
of the Content, in whole or in part, except as expressly
permitted in this Agreement.
3.4 You shall not store electronically or otherwise any
portion of any Content, except as may be temporarily
stored by your Browser in its ordinary operation. No
copying, storage, redistribution or publication of any
Content is permitted without the express prior written
permission of Stuart Hunt & Associates Ltd.
3.5 You may not access the Service using web robots,
spiders, wanderers, crawlers, or other automated and/or
accelerated means.
4. Student Privacy:
Your participation in the service is subject to our
Privacy policy notice.
5. Student Qualifications:
5.1 As part of the registration process, you will be
given a user ID and password. You must provide accurate,
complete, and current registration information.
5.2 Substitutions for a course registration may be
accepted within 90 days of the original registration
date, provided the course content has not been
started. Substitutions will not be accepted once a
student has begun the course. Substitutions
requested after 90 days from the original registration
date will be assessed a $25.00 administration fee.
5.3 You are responsible for all use of your account
under any password by any person, whether or not
authorized by you, and for ensuring that all use of your
account complies with this Agreement.
5.4 You shall be responsible for obtaining communication
services, computer equipment and other products or
services necessary to access and use the Service. Stuart
Hunt & Associates Ltd. is not responsible for any
charges associated with accessing and maintaining a
connection to the Service including, but not limited to,
charges imposed by an Internet service provider, or your
local telephone company.
6. Managing Content:
Stuart Hunt & Associates Ltd. reserves the right to
alter or amend the advertised content of any course
without notice in order to continuously provide a high
quality service or due to circumstances beyond our
control. For this reason, Stuart Hunt & Associates Ltd.
cannot guarantee that any course or seminar covers all
of the specific points referred to in our advertising or
promotional literature or otherwise. The Client is
advised to check with us if there are any specific
points you wish to see covered, whether or not our
advertising or promotional literature refers to those
points.
7. No Endorsement:
The Service may contain links to sites on the Internet
that are owned and operated by third parties (the
"External Sites"). You acknowledge that Stuart Hunt &
Associates Ltd. is not responsible for the availability
of, or the content located on or through, any External
Site. You should contact the site administrator or
Webmaster for those External Sites if you have any
concerns regarding such links or External Sites.
8. Indemnity:
You hereby agree to indemnify, defend and hold Stuart
Hunt & Associates Ltd, and all of its officers,
directors, employees, owners, agents, information
providers, affiliates and licensors (collectively, the
"Representatives") harmless from and against any and all
liability, losses, costs and expenses (including
Lawyers' fees) incurred by Stuart Hunt & Associates Ltd
or any Representative in connection with any claim
arising out of any use or alleged use of your account or
password by any person, whether or not authorized by
you.
9. Purchase of goods:
All prices shown on our course price list are listed in
Canadian Dollars and exclude any applicable taxes.
9.1 Credit Card Payment (VISA or MasterCard)
Credit card payment is available for all online course
orders and required for registrations involving 19 or
less persons.
After completion of the transaction your chosen course /
courses will be added to your account within a few
hours. Once added you will receive an E-mail directly
from us with details of your payment and how to login to
the member area for course access.
The issue of logon details
may take up to 24 hours after receipt of payment.
9.2 Purchase Orders
We also accept purchase orders for bulk orders (20 or
more registrations at one time). On receipt of your
purchase order we will email an invoice to you which can
be paid by cheque, this will have to be paid before the
provision of course access and issue of member logon
details. Cheques are made payable as indicated on the
invoice and posted to "Stuart Hunt & Associates Ltd., 20
Rayborn Crescent, St. Albert, Alberta, T8N 5C1".
Once we receive your cheque you will receive an E-mail
with details of your payment and confirmation of your
order. Please note that course access and issue of
member logon details will only be provided by e-mail on
receipt of cleared funds, (this may take up to 14
working days from receipt).
10. Rights to Cancel and Refunds:
10.1 Courses purchased cannot be cancelled or refunded.
Substitutions are acceptable as per 5.2.
11. Termination of Service:
11.1 Stuart Hunt & Associates Ltd. reserves the right to
restrict, suspend or terminate your access to all or any
part of the Service at any time if, in its sole
discretion, you are not in compliance with these Terms &
Conditions and without any obligation to refund any
portion of fees paid.
11.2 Stuart Hunt & Associates Ltd. may change, suspend
or discontinue all or any aspect of the Service at any
time, including the availability of any Service feature,
database, or content, without prior notice or liability.
13. Service and System Availability:
Stuart Hunt & Associates Ltd. uses reasonable efforts to
maximize system availability. Should technical
difficulties occur with the Service, Stuart Hunt &
Associates Ltd. shall make a reasonable effort to
correct the problem and is not responsible for any down
time. Stuart Hunt & Associates Ltd. is not responsible
for any technical difficulties resulting from the World
Wide Web, internet access, computer hardware or
software.
14. Disclaimer of Warrantees; Limitation of
Liability:
14.1 Stuart Hunt & Associates Ltd. warrants to the
Client that the Services will be provided by exercising
the same degree of skill, care and diligence that would
be exercised by any professional service providers in
similar circumstances.
14.2 Stuart Hunt & Associates Ltd. will not be liable
for any losses or expenses, including consequential,
arising from any such alternations or amendments to the
Service content and schedule including cancellation.
14.3 Stuart Hunt & Associates Ltd. shall have no
liability to the Client for any failure to deliver the
Service or any delay in doing so that is caused by an
event or circumstance beyond Stuart Hunt & Associates
Ltd. reasonable control including, without limitation,
strikes, lock-outs and other industrial disputes, travel
disruption, or accident.
14.4 Stuart Hunt & Associates Ltd. warranties and
services extend to the Client and to no other person or
entity. Stuart Hunt & Associates Ltd. has no duty or
obligation to provide services that it has not expressly
agreed in writing to provide.
14.5 If any of these Conditions (or part of any of these
Conditions) is unenforceable (including any provision in
which Stuart Hunt & Associates Ltd. excludes its
liability to the Client) the enforceability of the
remaining Conditions (or remaining part of any
Condition) will not be affected.
14.6 Neither Stuart Hunt & Associates Ltd. or any third
party content provider nor their representative agents
shall be liable for any direct, indirect, incidental,
special or consequential damage arising out of the use
of or inability to use the Service even if such party
has been advised of the possibility of such damages.
Updated and Effective October 30, 2009
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