Terms and Conditions of Purchase

These Terms and Conditions of Purchase (“Terms and Conditions of Purchase”,”Terms and Conditions”,”Terms”, or “Agreement”) set forth your rights and responsibilities for accessing the Passive House Alberta General Courses, Passive House Alberta Technical Courses, other Passive House Alberta courses, Passive House Alberta events, and information available at www.passivehousealberta.com, and its sub-domains and affiliated sites, along with Passive House Alberta’s (“Passive House Alberta”, “Company”, “we”, or “our”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google®, and YouTube® (the “Sites). Please read both these Terms and our Privacy Policy carefully, as there are no refunds or exchanges available.

YOU MAY NOT ORDER, REGISTER FOR, OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT (i) AT LEAST 18 YEARS OF AGE, OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PASSIVE HOUSE ALBERTA, or (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms and Conditions shall be part and parcel of the legally binding contract between Passive House Alberta (“Passive House Alberta” “we” “us”) and other associated materials and sites linked hereto and operated or controlled by Passive House Alberta, and you regarding your purchase of video content, website content, printable materials, event admission, admission, online courses, online training, or in-person courses (“Product”, “Products”, “Program”, “Program Materials”, or “Product Content”).

By purchasing this Product, you (“you” “Client”) agree to the following terms as a condition of your participation in our Program:

1. APPLICABILITY

For all orders via our online website by consumers, entrepreneurs and businesses, the following Terms shall apply to the exclusion of any other party’s terms and conditions, irrespective of whether they may be in conflict with or modifying or extending the content of these Terms.

2. CONTRACT PARTIES, CONCLUSION OF CONTRACT & CONTRACT LANGUAGE

The contract of purchase or registration is with Passive House Alberta. Please see the imprint on the website or the confirmation e-mail from Passive House Alberta for further information and contact details.

You are obliged to use your correct name and to provide only true and complete information and data on your purchase or registration.

The listings of Products in our online website does not constitute a legally binding offer, but merely an invitation to place an order or registration. You can initially put our Products into the shopping cart without obligation and correct your entries at any time before submitting your binding order or registration.

By clicking “Register” “Enroll in Course” “Purchase” “Buy Now” or similar in the last step of the process, you submit a binding offer to purchase or register for the Products displayed in the order overview. Shortly after submitting your order you will receive a confirmation of your purchase or registration by e-mail. The contract is entered into and legally binding for both parties upon receipt of the Company’s confirmation e-mail confirming the Products you ordered or registered for, or upon your participation in, use of, or attendance at a Program.

You agree that your order is an offer to buy or register for, under these Terms, all Products or services listed in your order. All orders must be accepted by us or we will not be obligated to sell or provide the Products or services to you. We may choose not to accept any orders once they have been placed/purchased at our sole discretion and will refund any amounts paid if that is the case.

The exclusive language available for the conclusion of the contract shall be English.

3. MODIFICATIONS TO THE TERMS

We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms or conditions shall be effective immediately and incorporated into this agreement. Your continued use of the Products will be deemed your acceptance thereof.  If you have any questions, please contact us directly at education@passivehousealberta.com

4. PAYMENT

In our online registration process you can make use of the following payment methods:

PayPal

PayPal is only available as a payment option.

During your order you will be redirected to the PayPal website. In order to pay the invoice amount via PayPal, you must be registered with PayPal. After placing your order, we submit a request to PayPal to initiate the payment. The payment transaction will then be immediately carried out automatically by PayPal.

At our sole discretion, from time to time we may offer a Coupon for a discount on, or a Complimentary Pass to, our Product.

5. REFUNDS

Thank you for your support. No refunds or exchanges.

If you arrive late for an in-person Program we will not extend the Program time, the Program will end at the scheduled time, and we will not be obligated to refund you any amounts paid in relation to such Program.

6. USE OF PHOTOS, VIDEO, COMMENTS, REMARKS, and SOUND RECORDINGS

By clicking “Register” “Enroll in Course” “Buy Now” “Purchase” or similar in the last step of the process, You authorize Passive House Alberta and its assignees the irrevocable right to use your name (or any fictional name), picture, likeness, image, portrait, photo, moving image, video, sound recording, verbal comments, city, or written remarks (“Information”, “Materials”), that are obtained, taken, or created during, at, or as a result of the Program in all forms and in all media and in all manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium). Such Information or Materials will be used for purposes including but not limited to advertising, trade, promotion, exhibition, or any other lawful purposes in the promotion of Passive House or Passive House Alberta on the Passive House Alberta website, Social Media accounts, reports, materials, marketing materials, courses, or webinars (the “Works).

You waive any right to inspect or approve the footage, images, photo(s), Information, or any finished Work(s) incorporating the footage, images, photo(s), or remarks including written copy, dialogue, or voice-over that may be created and appear in connection therewith. You hereby release and agree to hold harmless Passive House Alberta, its assignees, licensees, successors in interest, legal representatives, directors, members, contractors and heirs from any liability by virtue of any editing, blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the footage, images, photos or Materials, or in any editing or processing tending toward the completion of the finished product or Works, unless it can be shown that the footage, images, photos, publication, or broadcast thereof were maliciously caused, produced, broadcast or published solely for the purpose of subjecting you to conspicuous ridicule, scandal, scorn, and indignity.

You agree that Passive House Alberta owns the copyright for all images, footage, written materials, slides, remarks, photos, video, Information, or Materials and you hereby waive any claims you may have based on usage of the images, footage, written materials, remarks, photos, video, Materials, Information or Works derived therefrom, including but not limited to claims for either performance rights, revenue, or invasion of privacy, personality rights, or libel. You agree that this authorization shall be binding on yourself, your legal representatives, heirs, successors in interest, legal representatives and assigns.

7. INTELLECTUAL PROPERTY

You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, templates, workbooks, checklists and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Passive House Alberta and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Products or Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Passive House Alberta will prosecute such misconduct to the fullest extent permitted by law.

Passive House Alberta provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Products or Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Products or Product Content in a manner that constitutes an infringement of Passive House Alberta’s rights or that has not been authorized by Passive House Alberta. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Products or Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Products or Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Passive House Alberta, the Products, or the Product Content, or infringe on any of Passive House Alberta’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Passive House Alberta and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF PASSIVE HOUSE ALBERTA AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

The trademarks, service marks, and logos of Passive House Alberta (the “Passive House Alberta Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Passive House Alberta. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Passive House Alberta Trademarks inures to our benefit.

8. THIRD-PARTY MATERIALS AND WEBSITES

Passive House Alberta may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Passive House Alberta of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Passive House Alberta shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Passive House Alberta will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links.  Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.

9. REPRESENTATIONS AND WARRANTIES

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY OTHER THAN THE AGREED PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PRODUCTS. HOWEVER, PASSIVE HOUSE ALBERTA DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS, HEALTH, HEALTHY ENVIRONMENT, COMFORT, HIGH-PERFORMANCE BUILDING, OR A CERTIFIED PASSIVE HOUSE BUILDING.

YOU EXPRESSLY AGREE THAT YOUR PERSONAL USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING OR REGISTERING FOR THE PRODUCT(S), YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, BUILDING METHODS, BUILDING PERFORMANCE, COMFORT, HEALTH, HEALTHY ENVIRONMENT, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS, HEALTH, AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, WEBINAR OR COURSE PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

10. LIMITATION OF LIABILITY

We assume no liability for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to the amount of your purchase, order, or registration price.

Data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.

The courses, events, or Program may be held in third party venues such as hotel meeting rooms, university classrooms, and so forth, and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such course, event, or Program).

You are responsible for your own belongings that you take to an in-person course, event, or Program and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.

You agree to indemnify us against any claim from any third party and associated costs and expenses (including professional fees) arising out of your actions or inaction while at a venue as part of the Program.

11. GOVERNING LAW & BINDING ARBITRATION

The exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business, that is Calgary. Our contractual relationship shall be governed by the laws of the Province of Alberta.

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by Passive House Alberta to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Program, will be settled solely by binding arbitration.  Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Calgary, AB, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Calgary, AB necessary to protect our or your rights or property pending the completion of arbitration.  Each party will bear half  the arbitration fees and costs.

12. TERMINATION

Passive House Alberta is committed to providing a positive experience. In the event of a breach of this Agreement by You, Passive House Alberta in its sole discretion and on notice to You, may: (a) limit, suspend, or terminate your access to the Products and/or your participation without refund; or, in case the breach of contract is so serious that it is unacceptable for Passive House Alberta to go on with the contractual relationship, (b) terminate this Agreement. Your obligations to Passive House Alberta under this Agreement will survive expiration or termination of this Agreement for any reason.

13. INDEMNIFICATION

To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.

14. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of Passive House Alberta’s intellectual property rights and confidential and proprietary information by you, Passive House Alberta will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Passive House Alberta may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.

15. COMPLIANCE WITH LAW

The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

16. NO WAIVER

If the Parties choose to waive one provision of this Agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

17. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this Agreement cannot be modified without the express written consent of Passive House Alberta. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

18. OTHER

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.

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