Registered User Agreement

Science And Land Management Training And Education Centre Inc. (“SALMTEC”) will allow you to access and use the Services and Course Materials (as hereinafter defined) on the condition that you accept the terms and conditions set forth below in this registered user agreement (the “Agreement”).

IMPORTANT – READ BEFORE ACCESSING OR USING THE SERVICES. BY SELECTING THE “I ACCEPT THE TERMS AND CONDITIONS” BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS, OR BY ACCESSING OR USING THE SERVICES OR COURSE MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT SELECT “I ACCEPT THE TERMS AND CONDITIONS,” ACTIVATION OF THE SERVICES AND ENROLLMENT IN A COURSE WILL NOT BE PROVIDED. DO NOT SELECT “I ACCEPT THE TERMS AND CONDITIONS,” ACCESS OR USE THE SERVICES UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THIS AGREEMENT, DO NOT SELECT THE “I ACCEPT THE TERMS AND CONDITIONS” BUTTON OR ACCESS OR USE THE SERVICES.
1. Interpretation
In this Agreement, all references to “dollars” or “$” are to Canadian dollars unless stated otherwise. The insertion of headings is solely for convenience of reference and shall not affect the interpretation of any provision. Unless the context otherwise requires, words used herein importing the singular number only shall include the plural and vice versa, and words importing the use of any gender shall include all genders. Where the word “including” is used in this Agreement, it means “including without limitation”. References to the word “Section” means the numbered sections of this Agreement.
2. Term
This Agreement shall be effective upon your agreeing to be bound by the terms of this Agreement and shall continue in effect unless terminated in accordance with the provisions set out herein (the “Term”).
3. License
Subject to this Agreement and the payment of Fees (as hereinafter defined), SALMTEC hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide right to access and use the Course Materials and the Services solely for personal use during the Term (the “License”).
4. Services Provided
SALMTEC provides land management and environmental training through online and written materials (“Course Materials”) and in-person seminars, as described in the applicable registration form (each, a “Course”). Subject to the terms set out herein, SALMTEC shall provide a Course and Course Materials from time to time and in the manner and format SALMTEC has determined for each Course. Each Course may include one or more of the following elements:
(a) Online lessons (both static and multimedia presentations;
(b) Online access to documents and files;
(c) Online assessments (Test, Quiz etc.);
(d) Online assignments (essay or report);
(e) Certificate, grade or transcript views; and
(f) In-person field or classroom seminars
(collectively, the “Services”).
5. Course Participation
Each Course will be provided in the timeframes established by SALMTEC. It is your responsibility to complete each course within the maximum time allowed by SALMTEC or its applicable Third Party System. A failure to complete the Course Material, assessments or other Course requirements prior to the end of such time period shall not entitle you to a refund or extension of the Term.

6. PASSWORD AND USER NAME
Access to the Services is password controlled and is accessible to registered users only. You certify that all information provided in the registration process is accurate and correct. If you are registering or making a purchase or conducting other transactions on behalf of your company, you represent and certify that you are an authorized representative of your company with the right to bind your company to this Agreement (and any additional terms necessary for access to password-controlled Content). You are solely responsible for maintaining the confidentiality of your account information, including, without limitation, your user name and password. You are solely responsible for any and all activities that occur under your user name and password. You agree to notify SALMTEC immediately of any unauthorized use of your user name, password or account or any other breach of security. SALMTEC will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SALMTEC as a result of the misuse of your user name, password or account.
7. Copyright and Trade-marks
All content included on SALMTEC’s website, in the Course Materials or otherwise provided as part of a Course (including, without limitation, the design, text, software, graphics, trade-marks, service marks, logos, slogans and internet domain names as well as any audio or video), and any selection or arrangement thereof (collectively, the “Content”), is the exclusive property of SALMTEC and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws. All such rights therein are expressly reserved by SALMTEC.
None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of SALMTEC. The SALMTEC name and logo are trade-marks and copyrights of SALMTEC.
8. System Requirements
The Services are provided, and the Course Materials are accessible, through third party systems (the “Third Party Systems”). In order to access the Third Party Systems, your computer must meet the minimum requirements, and operate the software, set out at https://www.digitalchalk.com/resources/faqs/system-requirements (the “System Requirements”). Your failure to meet the System Requirements, receive the Services or access the Course Materials as a result of a failure to meet the System Requirements shall not entitle you to cancel this Agreement or receive any refund.
9. Third Party Systems
You understand and agree that the Services are provided by Third Party Systems and that SALMTEC has no control over the operation or accessibility of the Third Party Systems. Your use of the Third Party Systems to access the Materials or Services is subject to the applicable terms and conditions between you and such Third Party System, including its privacy policy. SALMTEC shall have no responsibility or liability whatsoever with respect to your use of, or access to, the Third Party Systems.
SALMTEC does not provide any warranty, guarantee nor does SALMTEC attest to the accuracy, legality, appropriateness, authenticity or timely nature of any information, data or content (in any form delivered by the Service) provided by Third Party Systems.
10. Content Restrictions
You acknowledge and agree:
(a) that you have been advised by SALMTEC that it is the sole and exclusive owner of all rights and title in and to the Course Materials, Content and of any trade-marks used in connection with the provision of the Services;
(b) you do not have any right, title or interest in the Course Materials or other Content except as expressly set forth in this Agreement;
(c) not to knowingly permit anyone other than a named authorized user to use the Course Materials or access the Services pursuant hereto;
(d) not to use the Course Materials except through this Site or the applicable Third Party System and in your participation in a Course provided by SALMTEC. Any unauthorized use by or through it hereunder of the Course Materials or any Content is and shall be deemed an infringement of SALMTEC’s rights therein;
(e) not to modify (including the removal or modification of copyright notices) or create a derivative work of the Course Materials without the prior written permission of SALMTEC;
(f) not to use the Course Materials in any programs of study or courses not offered by SALMTEC;
(g) not to use the Course Materials for commercial purposes (including but not limited to the sale of the Course Materials or bulk reproduction or distribution of the Course Materials in any form);
(h) not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way;
(i) not to create Internet “links” to the Services or “frame” or “mirror” any Content on any other server or wireless or internet-based device; and
(j) not to reverse engineer or access the Services in order to build a competitive product or service, build a product using similar ideas, features, functions or content of the Services, or copy any ideas, features, functions or content of the Services.
11. User Conduct
In consideration of the availability and your use of the Services, you agree to comply with the terms of this Agreement and all applicable laws when using the Services. You acknowledge that SALMTEC may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. In addition, you agree to use the Service only for personal learning purposes and not to:
(a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Services or the Internet;
(b) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information;
(c) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus or other harmful or disruptive component;
(d) interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services;
(e) use or attempt to use another’s account, password or other information without the prior written authorization of SALMTEC, or create or use a false identity for use in connection with the Services;
(f) access the Services for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose;
(g) access the Services by means other than through the interfaces provided by SALMTEC for use in accessing the Services;
(h) attempt to obtain unauthorized access to the Services or portions of the Services which are restricted from general access;
(i) transfer the Services or any right to use the Services to any third party, or grant any rights in or access to the Services in any form to any other person or entity; or
(j) exercise any rights with respect to the Services other than those expressly granted in this Agreement.
12. Downloads
You may only download those materials from this Site or Third Party System that are expressly designated to be downloaded by users. You agree not to use technical or other means to circumvent this Agreement or any content protection technology used with respect to any Course. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.
There are inherent dangers in the use of any software available for downloading on the internet, and SALMTEC cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.
13. Account Security
You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. SALMTEC reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your SALMTEC password. You agree to (a) notify SALMTEC immediately if you suspect or become aware of any unauthorized use of your User ID or other breach of security, (b) notify SALMTEC immediately if you lose your User ID, and (c) ensure that you exit from your account at the end of each session.
14. Discussion Boards
By posting messages, uploading files, or otherwise providing any material (collectively, “User Communication”) to us for display on the Site(s) or Third Party Systems, you are granting SALMTEC a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such User Communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the User Communication. The foregoing license shall include the right to exploit any property rights in such User Communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use of all User Communication submitted by you for use in connection with the Services and SALMTEC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Communication.
15. Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable as set forth on a registration form, displayed online, transmitted electronically or via printed invoice (an “Invoice”). The fee for the Course (or Courses) selected plus the cost of any additional materials are included in the Invoice. You will receive an online receipt with a total charge and transaction number after successful payment. It is your responsibility to print a copy of the receipt for your records. All payment obligations are non-cancelable and all amounts paid are non-refundable following the date set out in the registration form as the “Confirmation Date”. You are responsible for paying for all amounts due for your use of the Service. SALMTEC reserves the right to modify their fees and charges and to introduce new charges at any time. All pricing terms are published online and are available for review on the Site.
The fees charged by SALMTEC are exclusive of all taxes, including GST, and will be added to the Invoice and paid by the user.
16. Non-Payment and Suspension
In addition to any other rights granted to SALMTEC herein, SALMTEC reserves the right to suspend or terminate this Agreement and your access to the Service if your payment is declined or your credit card transaction is charged back. If you or SALMTEC initiates termination of this Agreement, you will be obligated to pay any balance due on your account. You agree that SALMTEC may charge such unpaid fees to your credit card.
17. Termination
You may terminate your license to use the Services at any time. In the event of a breach of this Agreement, SALMTEC may, in its sole discretion, terminate all access to, or use of the Services. Upon the termination of this Agreement you shall cease using the Services and accessing the Course Materials. SALMTEC reserves the right to refuse service, suspend Site use, remove or edit Content, or terminate accounts in its sole discretion.
The Term shall terminate on the date that is 2 days following the date associated with the training location that you selected on the registration form as the “Final Date”, at which time your access to the Services and the Course Materials shall terminate.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, confidentiality obligations, warranty disclaimers, indemnity and limitations of liability.
18. Liability Disclaimer
THE SERVICES AND THE COURSE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. SALMTEC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SALMTEC MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, PARTICIPATION IN A COURSE OR USE OF COURSE MATERIALS WILL BE ACCURATE OR RELIABLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

19. Limitation of Liability
SALMTEC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND OTHER RELATED ENTITIES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SALMTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) YOUR USE OF INFORMATION LEARNED PURSUANT TO PARTICIPATION IN A COURSE OR REVIEW OF COURSE MATERIALS; (IV) ANY OTHER MATTER RELATING TO THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO (I) ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY SALMTEC, ITS AFFILIATES AND BUSINESS PARTNERS; (II) ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; (III) ANY COMPUTER VIRUS; AND (IV) ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS OR DATA.

IN ANY EVENT, SALMTEC’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FROM ANY CAUSE, INCLUDING CONTRACT LIABILITY OR SALMTEC’S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT, IN THE AGGREGATE, EXCEED THE FEES ACTUALLY RECEIVED BY SALMTEC FROM YOU IN RESPECT TO THE COURSE TO WHICH THIS AGREEMENT APPLIES.

20. Indemnity
You agree to indemnify, defend and hold harmless SALMTEC and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including legal expenses (on a solicitor-and-client basis) and accounting fees arising from your access to and use of the Services, any violation of this Agreement by you or any third party using your account or any violation of applicable law or rights properly belonging to another party by you.
21. Confidential Information
You acknowledge and agree that the Services, Content and Course Materials (collectively, “Confidential Information”) were developed at considerable time and expense by SALMTEC and is confidential to and contains trade secrets of SALMTEC. You agree to maintain the Services and Course Materials in the strictest of confidence and not to disclose or provide access thereto to any other person.
You acknowledge and agree that any use or disclosure of Confidential Information by you or anyone to whom you have disclosed Confidential Information in a manner that is inconsistent with the provisions of this Agreement may cause SALMTEC harm which may not be compensable by monetary damages alone and, accordingly SALMTEC will, in addition to other available legal or equitable remedies, be entitled to seek an immediate injunction restraining you from committing or continuing to commit a breach.
22. Intellectual Property
You do not acquire any intellectual property or other proprietary rights, including patents, designs, trade-marks, copyrights or other rights (collectively, “Intellectual Property Rights”) in any confidential information or trade-secrets in or relating to the Services, Course Materials or any part thereof. Furthermore, you do not acquire any rights in or related to the Services or any part thereof, other than the rights expressly licensed to you under this Agreement. SALMTEC is and shall be deemed to be the sole and exclusive owner of all right, title and interest in and to the Course Materials and all Intellectual Property Rights therein. You acknowledge and agree that, except as specifically set out in this Agreement, you have no rights in or to the Course Materials or Content; and you shall have no right to, and covenants not to apply for, Intellectual Property Rights protection in respect of the Course Materials in any jurisdiction at any time.
In the event that you become aware that any person is infringing, or threatening to infringe, the Intellectual Property Rights in the Course Materials or Content, you shall immediately notify SALMTEC, in writing, to that effect. SALMTEC may, but is under no obligation to, at its own expense, take all actions and proceedings it deems necessary to prevent such third party infringement, and may take any other action or proceeding it deems necessary against any third party to protect or defend the Intellectual Property Rights in the Content and Course Materials
23. Eligibility
The Services are only available to individuals who are at least 18 years old. You represent and warrant that you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. SALMTEC may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
24. Email
SALMTEC may from time to time send you email. You acknowledge that such emails are sent with your consent and permission. If you do not wish to receive any promotional email from us, you can follow the opt-out directions set out in such email.
25. Cookies and Web Beacons
To enhance your experience with the Site, SALMTEC reserves the right to use “cookies” (“Cookies”). Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell SALMTEC your e-mail address or other personal information unless you choose to provide this information to SALMTEC. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie.
SALMTEC uses Cookies to understand Site usage and to improve the content and offerings on the Site. For example, we may use Cookies to personalize your experience at the Site (e.g., to recognize you by name when you return to the Site), or save your password in password-protected areas. We also may use Cookies to offer you products, programs, or services.
“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page. We may use web beacons on this Site from time to time for this and other purposes.

26. Notices
Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered by person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed to you at the billing address supplied to SALMTEC by you, and to SALMTEC at SALMTEC, 509 8th St. NE, Calgary, AB T2E 4H1. In addition to the foregoing, SALMTEC may, at its option, give you any notice under this Agreement electronically, and such electronic notice shall be deemed to have been duly given when transmitted to an address provided by you to SALMTEC.
27. Severability
This Agreement shall operate to the fullest extent permissible by law. Each provision of this Agreement is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal or invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement or any other provision hereof.

28. Waiver
The waiver by a party of a breach of this Agreement shall not be effective unless in writing executed by such party and shall not be construed as a waiver of any subsequent breach of the same or any other provision, nor shall any delay or omission by a party to exercise any of its rights or remedies operate as a waiver of any right or remedy.
29. Force Majeure
Neither party shall be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.
30. Assignment
You shall not assign, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any of its rights or obligations under this Agreement without the prior written consent of SALMTEC, in its sole discretion. Any purported assignment, sale, transfer, delegation or other disposition by a party, except as permitted herein, shall be null and void. SALMTEC may assign this Agreement without your consent.
31. Governing Law
This Agreement shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to this Agreement and you agree not to bring any action, suit or proceeding against SALMTEC, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.

32. Survival
The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement.
33. Entire Agreement
This Agreement constitutes the entire agreement between you and SALMTEC with respect to the Services. SALMTEC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right of SALMTEC.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED