Terms and Conditions

Overview

Please read these terms and conditions of use ("Terms and Conditions") of the IHSA web site (the "Site") carefully. By using the Site you are agreeing to accept the Terms and Conditions.

You should revisit this page from time to time as your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of such use.

If you do not wish to be bound by these Terms and Conditions, please do not access or use this site.

Your Right to Use This Site

Provided that you comply with the Terms and Conditions, you have the right to use this Site to (a) view various materials, including information, documents, and other content (collectively, the "Materials"), and (b) access IHSA services, including an online product order form and course registration form from which services may be purchased (collectively, "IHSA Services").

If you receive an e-mail message that contains a link to the Site, or embedded links that recreate a page from the Site in your e-mail reader or in a web browser, you become subject to these Terms and Conditions upon activating the link or opening the message, and all prohibitions and disclaimers herein apply to you.

IHSA reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded or printed from the Site, at any time for any reason, without prior notice or liability, and at IHSA's sole discretion.

Ownership of Materials on the Site

The Materials on the Site are owned by IHSA and its suppliers. They are copyrighted and protected by Canadian and international intellectual property laws, treaties and conventions. You may not copy, reproduce, photocopy, store, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You may download and print a copy of the material on the Site for non-commercial, personal use.

The trademarks of IHSA and others used on the Site are the property of IHSA or their respective owners. You may not use any trademark displayed on the Site without the written permission of IHSA or the respective owner.

Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download. The doing of an unauthorized act in relation to a copyright work may result in either or both a civil claim for damages and criminal prosecution.

Communications from you to the Site

You are solely responsible for the legality of all information and other content you send to the Site ("Communications"). You are prohibited from sending IHSA any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others.

Where IHSA solicits your Communications for any purpose or creates a mechanism to allow you to post Communications to the Site, IHSA will have the right, but not the obligation, to review any such Communications to ensure that they comply with the Terms and Conditions and any applicable laws or regulations. IHSA reserves the right to edit or delete Communications at its sole discretion, without notice and without liability. IHSA will comply with any court order directing it to disclose the identity of anyone sending or posting Communications of any kind to the Site.

Links and Third-Party Services

From time to time IHSA may provide links from the Site to other sites ("Linked Sites") or make the services or programs of third parties ("Third-Party Services") available on or through the Site. This is done solely as a convenience to you and in no way should be interpreted as an endorsement of or acceptance of responsibility or liability for the Linked Site or Third-Party Service. Site visitors use Linked Sites and Third-Party Services at their own risk and are advised to take standard business precautions before entering into contractual relationships with other parties.

You may create a hyperlink from your webpage to the Site only if your website does not:

  • imply that IHSA is endorsing your site, services or products;
  • misrepresent your relationship with IHSA;
  • contain content that could be viewed as distasteful, obscene, offensive or controversial, or inappropriate for all ages;
  • portray IHSA or its products or services, in a false, misleading, offensive or objectionable manner.

IHSA may request that you remove any link to the Site. Upon receipt of such request, you shall immediately remove the link.

Applicable Laws

This Site is operated and controlled by IHSA from its offices within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

IHSA makes no warranty or representation that any or all Materials and IHSA Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or IHSA Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.

If any provision of the Terms and Conditions is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.

Disclaimer

Except as otherwise noted, the materials and IHSA services provided on this site are provided "as is" by IHSA, without any warranties or representations of any kind, including warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement of intellectual property.

Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. IHSA makes no warranties or representations of any kind regarding Linked Sites or Third-Party Services accessible by means of the Site or described in the Materials. IHSA also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.

Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, IHSA does not warrant or represent the accuracy and completeness of the Materials on the Site. IHSA may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and IHSA makes no commitment to update the Materials.

The Materials about health or safety published on the Site ("Reference Materials") are general in nature and intended for educational purposes only. They were developed from sources believed to be reliable, current, and the best current opinion on the subject at the time of development. IHSA makes no warranty, representation or guarantee as to the correctness or sufficiency of any representation contained in the Reference Materials, and you should not assume that all acceptable safety measures are contained therein or that other or additional measures may not be required in particular or exceptional conditions or circumstances. The Reference Materials are not intended to substitute for professional advice and should not be relied upon for medical, legal or financial decisions. You should consult with an appropriate professional for specific advice tailored to your situation.

Limitation of Liabilities

In no event will IHSA, or its suppliers, be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any linked sites, or the materials or services contained or provided through any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not IHSA is advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless IHSA and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of IHSA Services provided on the Site, or your Communications to the Site.

Terms and Conditions for IHSA's Online Product Order Form

The following terms and conditions apply to purchasers of items offered for sale ("Products"). These terms and conditions are in addition to, and are not intended to substitute for or in any way limit, the other more general Terms and Conditions of the Site.

Consumer Information

Individuals or organizations that wish to order a Product from the Site must complete the required information on the online order form or fax order form provided, and supply current, complete, and truthful information as prompted. In the case of orders for Products, you agree to notify IHSA promptly of any changes in this information until such time as the order has been fulfilled. Products may be purchased for lawful purposes and by end-users only.

Pricing

Product prices listed on the Site are provided for informational purposes only, and do not constitute an offer to sell Products. Unless otherwise stated, prices are in Canadian dollars and do not include applicable taxes or shipping, handling, or insurance costs. You accept sole responsibility for the importation of any Products, including required licenses and permits and all associated costs, from Canada into other jurisdictions.

Payment Terms

When you select Products for purchase and choose "submit" on the order page, the total of the Product price, taxes and any applicable shipping, handling, or insurance costs may be invoiced or charged to the credit card number you provide. You confirm that you are authorized to use such credit card number to make this purchase and permit IHSA to take steps to verify such authorized use.

Your credit card will be charged the price for the Product at the time of purchase, which may differ slightly from the price posted on the Site. IHSA will automatically check your membership status before processing payment and charge your credit card the appropriate price for your membership status. Orders are not binding upon IHSA until IHSA at its sole discretion accepts the order. You are responsible for all charges incurred in your use of the Site, whether or not authorized by you. You should inform yourself of the extent of your liability for unauthorized charges under any credit card agreement(s) that may apply to you.

Delivery, Risk of Loss and Title

IHSA will ship Products to you F.O.B. IHSA's warehouses are located in Canada. Upon IHSA's delivery of the shipment to the carrier, you assume the risk of loss and/or damage to the Products and title passes to you.

Limited Warranty

IHSA warrants to you that Products purchased from the Site will be free from defects in materials and quality of work. The foregoing warranty shall not apply to a Product that has been modified without authorization or damaged by accident, act of God, shipment, improper installation, misuse or misapplication. As your exclusive remedy for breach of this warranty, you may return, shipping prepaid, any such Product for replacement at no additional charge, or for a refund of the Product price plus applicable taxes, but not including shipping, handling, insurance or any other charges incurred. The foregoing warranty shall not apply to a Product that has been (a) damaged by accident, act of God, shipment, improper installation, misuse or misapplication, or (b) modified without IHSA's express written acceptance of such modification for warranty purposes.

Except as expressly provided in this paragraph and to the full extent permitted by law, this limited warranty is in lieu of all other warranties, representations, conditions, undertakings or other terms express or implied, written or oral, all of which are excluded, including, but not limited to, warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement and those arising by statute or from a course of dealing, or usage for trade. Any applicable statutory consumer rights are not affected by this clause.

Limitation of Liability

To the full extent permitted by law, IHSA shall have no liability to you or any other person or entity for damages of any kind arising out of the delivery, delay in delivery, or use of products purchased from IHSA. Liability for IHSA's failure to deliver a paid product to the agreed carrier is limited to a refund of the product price, applicable taxes, and any unused shipping, handling or insurance charges paid to IHSA. IHSA will not be liable for the cost of procurement of substitute goods by you or any other person or entity. The limitations in this section will apply, where permitted, notwithstanding the failure of the essential purpose of any warranty remedy.

Return Policy

All sales are final. Prices are subject to change without notice. Any defective or incomplete product may be returned for exchange only within thirty (30) business days of receipt. IHSA will assume all shipping costs related to only defective or incomplete items. There are no returns on CD-ROM or web-based products. The customer must call IHSA Customer Service at 905-625-0100 or 1-800-263-5024 to obtain authorization for any returns. Any products returned to IHSA without prior authorization will be refused on delivery.

Product Changes & Availability

Products may not be exactly as shown or described. IHSA does not guarantee that all Products advertised on the Site will be available at all times. IHSA reserves the right to limit quantities.

Validity

Sales transactions are void wherever such transactions are prohibited. In addition to the Applicable Laws provisions herein, the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

Training Cancellation Policy

IHSA reserves the right to cancel any program due to insufficient enrollment or other causes.

Clients who cancel programs scheduled at their facility will receive a full refund if written notification of the cancellation is received no later than ten business days prior to the program. No refunds will be made after that time.

Participants who are registered in an IHSA-facility training program but who do not attend or do not provide written notification of the cancellation at least ten business days prior to the program are responsible for the full fee. Participant substitutions may be made up until the program commences.

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