In event that you do not access the Course Content through the Website, you agree that your use of the Course Content remains in all cases subject to the Terms, and you agree to periodically review the Website to confirm any updates or revisions to the Terms.
- Limited License
RackSafe Services Inc. hereby grants you, for the duration of the Contract Term, a limited, non-exclusive, non-sublicensable and non-transferable license to access the Course Content according to this Agreement and the Terms, and subject to the payment by you of the applicable subscription fees and your adherence to this Agreement and the Terms. On termination of this Agreement this licence will also terminate, and you will no longer have any right to access the Course Content.
If you have obtained a multi-user account, then you may only allow your employees and agents to access the Course Content and only in accordance with this Agreement. If your multi-user account license terminates, then all users subject to that account will immediately lose access to the Course Content. You agree that the Course Content may not be accessed by more than the authorized number of users purchased under any applicable subscription account.
- Fees, Renewals, Refund Policies
In order to access the Course Content, you agree to pay the applicable fee per user for the full duration of the Contract Term. All payments will be made in advance. Subscription fees are non-refundable.
RackSafe Services Inc. may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that RackSafe Services Inc. provides notice at least thirty (30) calendar days prior to the effective time of the increase.
RackSafe Services Inc. may immediately terminate the subscription (and your access to the Course Content) and this Agreement if it is unable to renew the subscription based on inaccurate or outdated credit card or other payment information.
On the end of your subscription term, (subject always to the terms of this Agreement and providing your account is paid up in good standing) you may continue accessing the Course Content through the Website. In that case you will be billed in accordance with the terms of this Agreement until you either formally cancel your account or enter into another term subscription.
- Modification & Availability of Content
RackSafe Services Inc.will take all commercially reasonable steps to provide uninterrupted access to the Course Content. However from time to time you may be unable to access the Course Content due to conditions beyond the control of RackSafe Services Inc. Such conditions include (without limitation): force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues or bugs, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Course Content, RackSafe Services Inc. will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
RackSafe Services Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Agreement, the Course Content, or the Website in whole or in part, including, without limitation, the content, availability, access and/or the Terms. In the case of changes to this Agreement (or the Terms) such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice will conclusively be deemed to made by posting such changes on the Website at the moment those changes are posted on the Website. You agree that you will periodically check the Website to confirm whether any such changes have been made, and you agree to bound by all such changes as if they are fully incorporated into this Agreement.
You are solely responsible for ensuring you have sufficient and compatible computer hardware, software, telecommunications equipment and Internet service necessary for use of the Website and access to the Course Content.
- Intellectual Property
RackSafe Services Inc. exclusively retains and owns all worldwide copyrights and other rights of any nature, including intellectual property rights, subsisting in the Course Content. You may not copy, distribute, alter, or share any of the Course Content except in accordance with the licence granted in section 2.
- No Warranties
Your use of the Course Content is and shall remain at your own risk. The Course Content and the Website are provided on an “as is, as available” basis without warranty of any kind, whether expressed, implied or statutory. Any and all warranties of merchantability, fitness for a particular purpose or otherwise are specifically disclaimed.
- Limitations of Liability
While the Course Content is instructional in nature, and RackSafe Services Inc. has taken every reasonable step to ensure the accuracy of the information provided, there are many factors relating to your proper and safe operation of equipment that are completely outside of the control of RackSafe Services Inc. Accordingly, you accept full responsibility for your use of the information provided in the Course Content.
Under no circumstances and under no legal theory (tort, contract or otherwise) shall RackSafe Services Inc. or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any direct, indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for personal injury, third party injury, loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
You agree to defend, indemnify and otherwise hold harmless RackSafe Services Inc. and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from your use of any of the Course Content, or the use from any of your employees, or from third parties under your control, use of any of the Course Content, or from any breach by you of this Agreement or the Terms.
In addition to the other rights of RackSafe Services Inc., it may terminate this Agreement at any time and at its sole and absolute discretion. RackSafe Services Inc. may also terminate your access to the Course Content if you do not pay the required subscription fees when due or if it believes, in its sole judgement, that you have breached any term of this Agreement or the Terms.
Your obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between you and RackSafe Services Inc. regarding the subject matter hereof. Any previous agreement, whether oral or written, between you and RackSafe Services Inc. dealing with the subject matter hereof is superseded. These Agreement may only be modified or amended in writing pursuant to its terms. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be brought within one (1) year after such claim or cause of action arose or else it shall be forever barred and extinguished.
- Disputes, Venue
This Agreement and any claim or action related to or arising from this Agreement shall be governed by the laws of British Columbia and the federal laws of Canada with application there, without regard to any so-called conflict of laws rules. All disputes shall be finally resolved through binding arbitration in Vancouver, British Columbia in accordance with the Arbitration Act (BC). The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party shall bear its own expenses and attorneys fees related to any arbitration, claim or action.