Terms and Conditions
Our online classes, videos, documents and other associated content (“courses”) have been produced by Flex Point Security Inc. (“Company”, “we”, or “us”). When you purchase one of our courses, you agree to this Terms and Conditions (“Agreement”).
All sales are final for online Courses. No refunds are issued for online courses once a sale is completed. In the exceptional case of a refund being issued, a $20 CA administration fee will be applied and may take 5-10 business days to issue.
Exemption of Liability
The information in our courses is for educational purposes only, and makes no warranties regarding the performance or operation of individuals who take that course, including any technological aspects of the course. The Company further makes no representations or warranties of any kind, expressed or implied, as to the information, contents, materials, documents, products, books, or services included in or through the course. To the fullest extent permissible under the law, the Company disclaims all warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of a course and/or any information and resources contained in the course. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Training Course.
The information, software, products, and service included or available through a course may include inaccuracies or typographical errors. Changes are periodically added to the information in our courses. The Company and/or its suppliers may make improvements and/or changes to our courses at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in a course for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
For informational purposes only, our courses may contain references, links to materials from third-parties, or mention particular cases in the past.
Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.
The Company is not responsible for examining or evaluating the content or accuracy of third-party materials and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of a course, with the delay or inability to access a course or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through our courses, or otherwise arising out of the use of a training course, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the course or any portion of it, your sole and exclusive remedy is to discontinue using the course.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Training Course. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Ontario, Canada.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use a course and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to a course and the related services or any portion thereof at any time, if you become disruptive to the Company or other course participants, if you fail to follow guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
This Agreement shall commence and be enforceable with respect to each course participant upon the date that you purchase the training Course.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
By purchasing our courses, Flex Point Security Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted Training Course and any associated materials solely for your own personal and non-commercial use. Our Training Course is protected under Canadian and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our courses is strictly prohibited. Your purchase of our course does not grant you any ownership rights to said course. Any breach in the terms of this agreement may result in termination of your access to the course materials.
We will respond quickly to claims of copyright infringement as found in our courses. If you believe any copyrights are infringed by our course, please provide us with a written notice via mail or email that contains the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our website;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.