TERMS AND CONDITIONS

This Agreement is a legal agreement between the end user (You) and Western Canadian Spill Services ("WCSS") for the use of the WCSS Training  website (the "System").  This Agreement is effective as of the date you access the System.

Carefully read all the terms and conditions of this agreement ("Agreement") before accessing or using the System.  By accessing or using the System, You agree to be become legally bound by the terms and conditions of this 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 terms and conditions of the Agreement may be changed from time to time by WCSS 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 will be deemed to have knowledge of such changes and your use of the System will constitute your agreement to be bound by the Agreement as modified.

RESTRICTIONS ON USE OF THE SYSTEM

You will not reproduce, publish, upload, post, transmit, adapt, modify, 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 WCSS.

Your use of the System is limited to your sole personal use only. At no time will You provide, allow or permit anyone else to use your personal account to gain access to the Content on the System. If You permit anyone else to use your personal account to gain access to the Content on the System, WCSS reserves the right to terminate your access to the System.

DISCLAIMER OF WARRANTIES AND LIABILITY

While reasonable effort has been made to ensure the accuracy of the Content that is accessible through the System, WCSS is not responsible for any errors or omissions appearing in such Content. To the fullest extent permitted by law, WCSS provides no 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 on the System 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, WCSS has no 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 the 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, WCSS does not warrant 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 is and will be free of all viruses, worms and/or other harmful or invasive elements.

WCSS reserves the right to revise, amend, alter or delete the Content, or any part thereof, provided herein at any time, but will not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.

REFUNDS

WCSS does not provide refunds for any reason, including issues related to the Content of or access to the System. If You are having trouble accessing the System, please contact WCSS at your earliest convenience at info@wcss.ab.ca to report your concerns. WCSS will use best efforts in getting the System accessible to You as soon as technically possible.

INDEMNIFICATION

You agree to indemnify and hold WCSS and all of its respective directors, officers and employees, and agents 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 this Agreement, your violation of applicable laws, and your violation of any rights of another person or entity.

RIGHT OF ACCESS

WCSS reserves all rights to deny or restrict access to this System to any particular person, group or organization, or to block access from a particular Internet address to the System, at any time, without providing any reasons whatsoever.

LINKS TO EXTERNAL WEBSITES

The System may contain hyperlinks to websites that are not maintained by WCSS. 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 controlled by WCSS; therefore, WCSS will 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 will WCSS 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 or any part thereof are prohibited.

You must secure prior written permission from WCSS prior to hyperlinking to or framing the System or the Contents or any part thereof, or otherwise engaging in similar activities. WCSS reserves the right to impose in its sole discretion the terms and conditions when permitting any hyperlinking to, or framing of the System or its Contents or any part thereof and You agree to be bound and observe all such terms and conditions.

WCSS reserves all rights 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 from the System or any of its Contents.

WCSS reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the System or any of its Contents.

COPYRIGHT

The System and all included Content is 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 WCSS or third parties. Your use of the System does not grant You any rights in respect to the copyright.

PRIVACY POLICY

During use of the System, You may submit personal information to WCSS. WCSS is committed to the responsible practice in the collection, use and disclosure of your personal information in accordance with applicable law. By submitting personal information to WCSS, You agree to WCSS collecting, using and disclosing the information to maintain, support and upgrade the System, and for the purposes of customizing the Content for You, fulfilling your requests for products or services, or to improve services to You.

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.   

SEVERABILITY

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 will be severed and deleted or limited so the remainder of the Agreement will continue in full force and effect with respect to all other provisions.

HEADINGS

Captions and headings contained in this Agreement have been included for ease of reference and convenience and will not be considered in interpreting or construing this Agreement.