Carefully read all the terms and conditions of this agreement ("Agreement") before accessing or using the BIStrainer System ("System"). By accessing or using the System, You agree to become legally bound by the terms and conditions of the Agreement. If You do not agree with the terms and conditions of the Agreement, You must not use, access, attempt to access, or open an account for the System.
The Agreement is a legal agreement between You and Business Improvement Solutions Inc. ("BIS") for use of the System.
The terms and conditions of the Agreement may be changed from time to time by BIS at its sole discretion and without prior notice. Any changes will be posted on the System and upon Your use of the System after such changes have been posted, You shall be deemed to have been made aware of such changes and Your use of the System shall constitute Your agreement to be bound by the Agreement as modified.
Restrictions on Use of the System
You shall not reproduce, publish, upload, post, transmit, adapt, modify or otherwise display, distribute or exploit in any way the System or any part thereof including, but not limited to, the text, images, videos, photographs, audio files, graphics, data, courses, tests, or surveys (collectively referred to as "Content") or any part thereof, without the prior written permission of BIS.
Your use of the System is limited to Your sole personal use only. At no time shall You provide, allow or permit anyone else to use Your account to gain access to the Content on the System. If you have access to Reporting, at no time shall You provide anyone else with the reporting results ("Results") without prior written permission from BIS.
Disclaimer of Warranties and Liability
While reasonable effort has been taken to ensure the accuracy of the Content accessable through the System, BIS is not responsible for any errors or omissions appearing in such Content. To the fullest extent permitted by law, BIS does not warrant and hereby disclaims any warranty, expressed or otherwise implied as to the accuracy, correctness, completeness, reliability, timeliness, for any particular purpose or satisfactory quality of the Content or any part thereof. The Content is provided on an "as is" basis without warranties of any kind. You are accessing the System and using any of the Content, products and services at Your own risk.
Furthermore, BIS disclaims all responsibility and liability of any description including without limitation liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense and/or loss (to include loss of profits, loss of revenue, loss of savings, loss of data or information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with Content on the System to include any reliance placed by such person on such Content, or the viewing, use or performance of the System or its Contents, whether with the required authority or otherwise.
To the fullest extent permitted by law, BIS does not warrant and hereby disclaims any warranty, that the System, or any part thereof or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that the System and the server it is stored on and will be free of all viruses, worms and/or other harmful or invasive elements.
BIS reserves the right to revise, amend, alter or delete Content, in whole or in part, provided herein at any time, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.
You agree to indemnify and hold BIS and all of its respective directors, officers and employees harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of Your use of the System, Your violation of any terms or conditions of the Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity.
Right of Access
BIS reserves all rights to deny or restrict access to the System to any particular person, group or organization, or to block access from a particular Internet address to the System, at any time, without ascribing any reasons whatsoever.
Links from the System to other Websites
The System may contain hyperlinks to websites which are not maintained by BIS. Hyperlinks to other websites are provided solely for Your convenience. If You use these websites, You will exit the System. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses and other destructive elements. The contents of other websites are not maintained or controllled by BIS, therefore, BIS shall not be responsible for the availability, accuracy or reliability of the content of the other websites or be liable for any injury, damages, loss or expense howsoever arising from access to those websites. In no circumstances shall BIS be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites to which the System is linked. Use of the hyperlinks and access to such websites are entirely at Your own risk.
Links to the System from websites except as set forth below, caching and links to, and the framing of the System or its Contents of any part thereof are prohibited.
You must secure written permission from BIS prior to hyperlinking to or framing the System or the Contents or any part thereof, or otherwise engaging in similar activities. BIS reserves the right to impose in its sole discretion any terms and conditions when permitting any hyperlinking to, or framing of the System or the Contents or any part thereof and You agree to be bound and shall observe all such terms and conditions.
BIS reserves the right to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
BIS reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the System or any of its Content.
The System and all included Content are protected by copyright. Copyright protection includes but is not limited to the System and Content, design, text, images, photographs, video, audio files, and graphics. All rights, title and interest in the Content are owned by BIS or third parties. Your use of the System does not grant You any rights in respect to the copyright.
During use of the System, You may submit personal information to BIS. BIS is committed to ensuring responsible practices in the collection, use and disclosure of Your personal information in accordance with applicable law.
By submitting personal information to BIS, You agree to BIS's collection, use and disclosure of the information to required parties as indicated:
- To maintain, support and upgrade the System, BIS may contract third party service providers who may gain or require access to this information. Under no circumstance do these service providers have an independent right to share or disclose Your information with any other person, group or company.
- In the event that You are provided access to Content that is provided and paid for by a third party ("Sponsor"), You agree to allow the Sponsor to have access to Your name, employer name, employer address, the mark You receive on the Course that it sponsored. No other information or access to Your information will be provided to the Sponsor at any time without Your knowledge or consent.
- BIS may use Your information internally for the purposes of customizing advertising and Content for You, fulfilling Your requests for products or services, or to improve services to You.
- If You are completing Content for which You receive a certificate or certification, You hereby grant BIS the right to forward the organization providing the certificate or certification with Your first name, last name, mark, completion date, and contact information.
Choice of Law
The Agreement will be deemed to have been made and performed exclusively in the Province of Alberta, Canada, and will be governed by and construed under the laws of that jurisdiction. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta for any claim related to the Agreement or the System arising from or in connection with the Agreement and agree not to bring any action, claim, suit or proceeding against BIS, its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Alberta.
To the extent that any provision of the Agreement is declared by a court or other lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so the remainder of the Agreement shall continue in full force and effect with respect to all other provisions.