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Terms of use

This document sets out the terms for use of RBIClue.com’s online courses (the “Courses”) which may be sold on the Kajabi platform (the “Site”), or by the Creator directly. These terms distinguish the nuances between use of the Courses on the Site and use of the Courses via purchase agreements entered into directly with the Creator. These terms further govern how the Courses may be accessed by users and/or companies and organizations (the “Students”) of the Site or other means after purchase. Students are strongly encouraged to take the time to read this document carefully.

1. The Courses

 The Courses offer Students the opportunity to learn about welding processes, examinations, and inspections, materials engineering, mechanical engineering, inspection, non-destructive examinations, corrosion engineering and how to conduct "Risk Based Inspection" in the wider context of the engineering industry. The Courses are available for free or purchase on the RBIClue.com or udemy.com online platforms and directly from the Creator via separate purchase agreement.

 The Courses are provided through a third-party website called Kajabi and students, organizations, and companies are advised that the Creator is in no way employed by or associated by or with the Kajabi and does not receive compensation from Kajabi. As addressed later in these terms, Kajabi.com, Students have no right of ownership of intellectual property, trademark, or copyright; course materials; or direct licensing permissions.

2. Use of the Site, Student Accounts, and Cancellation

 When you use the Site, you are responsible for maintaining the confidentiality and security of the Courses, any online course materials, any accounts and passwords established on the Site, and for restricting access to personal electronic devices used to access the Courses. You agree to accept responsibility for all activities that occur under your account or password. You may not assign, share, or otherwise transfer your account information to any other Student, person, or entity who has not purchased the Courses. You acknowledge that Site and the Courses are not responsible for third party access to your account that results from theft or misappropriation of your account. The Site, its affiliates, and the Courses reserve the right to refuse or cancel service or remove or edit content in each party’s sole discretion.

 You agree that use of this Site constitutes an agreement to abide by these terms and the Site’s terms. Breach of either terms may result in cancellation of your online account with the Site and notice of possible legal action by the Courses. Students may also voluntarily cancel their online account with the Site at any time.

 The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, attached herein

 3. Pricing and Payment

 When the Courses are purchased via a purchase agreement between the Courses and an organization or company, such pricing, payment amounts, and payment methods shall be addressed in said purchase agreement as mutually agreed and evidenced in writing.

4. Intellectual Property and Licensing of Creator’s Courses

 The Courses may not be used in part or in their entirety by unauthorized organization or company unless such organization or company contacts the Creator directly, in the event the Courses wish to be purchased for use outside of the Site. The Courses and Students or other interested parties will then negotiate and execute a mutually agreeable purchase contract.

 Students, who purchase the Courses shall not reproduce any component of the Courses and are prohibited from copying the Courses to other platforms in such a way that the Course may be made available for purchase outside of the Site or a purchase agreement.

 Students who purchase the Courses are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms. As a condition of purchasing the Courses, Students warrant that they will not use the Courses for any purpose that is unlawful or prohibited by these terms.

 Students who purchase the Courses will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found within the Courses themselves, or as accessed on the Site. The Courses are not available or permitted for resale unless organizations and companies enter into a purchase agreement as referenced herein.

 Use of the Courses does not permit any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. It is understood and agreed that Students do not acquire any ownership rights in any protected content. No licenses are granted to any Student of the Courses, express or implied, to the intellectual property of the Courses or any licensors except as expressly authorized in writing.

 All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

 We reserve the right to limit the time frame of access to the Courses that Students, have access to the Courses. At such time the accessible period for the Courses terminates, Students will need to register for and purchase the Courses again if continued access to the Courses is desired.

 5. Indemnification

 Students agree to indemnify, defend, and hold harmless the Creator for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Courses, any postings made by Students, Students’ violation of any of these terms, or Students’ violation of any rights of a third party, or Students’ violation of any applicable laws, rules or regulations. The Courses reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event full cooperation will be provided in asserting any available defenses.

 6. Liability Disclaimer

 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE BY THE COURSES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COURSES MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.

 THE COURSES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE COURSES 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 CREATOR HEREBY DISCLAIMS 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.

 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CREATOR 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 THE COURSES, WITH THE DELAY OR INABILITY TO USE THE COURSES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED VIA THE COURSES, OR OTHERWISE ARISING OUT OF THE USE OF THE COURSES, WHETHER OR NOT  THE CREATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL STUDENTS IF THERE IS DISSATISFACTION WITH ANY PORTION OF THE COURSES, OR WITH ANY OF THESE TERMS OF USE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 7. Links to Third Party Sites and Services when Using Kajabi

If Students access the Courses on the Site, the Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the Courses’s control and the Courses are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Courses of the site or any association with its operators.

 Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that the Site may share such information and data with any third party with whom the Site has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

 The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

 8. International Users

 If you access the Courses from a location outside Canada, Students are responsible for compliance with all relevant local and national laws then in effect. Students agree not to use the Courses on or off the Site in any manner prohibited by any applicable laws, restrictions, or regulations.

 9. Governing Law

These terms are governed by the laws of the Province of Ontario, City of Sarnia, Canada, as amended, wherein all disputes arising out of or because of these terms shall be heard.

10. Force Majeure

 For the purpose of these Terms, an “Event of Force Majeure” means any circumstance not within the reasonable control of the party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of good utility practice, cannot be, or be caused to be, prevented, avoided or removed by such party, and (ii) such circumstance materially and adversely affects the ability of the party to perform its obligations under these Terms, and such party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under these Terms and to mitigate the consequences thereof.

 11. Entire Agreement.

 These Terms represent the entire agreement between the parties relating to the subject matter hereof. These Terms alone fully and completely express the agreement of the parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein. These Terms may not be amended or modified, except by a written agreement signed by all parties hereto.

12. Severability.

 In case any provision in these Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

13. Notice.

Any notice or other communication sent to or received from us may be addressed to or from: [email protected], management@@rbiclue.com, [email protected], or [email protected].

14. Changes to Terms

 The Courses reserve the right, in its sole discretion, to change, modify, or alter these terms under which the Courses are offered. The most current version of the terms will supersede all previous versions. Students acknowledge that they are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.

 Contact Us! The Courses will be happy to answer and receive questions or comments at the address listed in Section 13.

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