Referral Program Member's Center

BOATERexam.com® Web Site Use Agreement

This version in effect since March 23th, 2010.

WELCOME TO BOATEREXAM.COM REFERRAL PROGRAM®. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE BOATEREXAM.COM REFERRAL PROGRAM® WEBSITE.

IT EXEMPTS BOATEREXAM.COM® AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

This Agreement contains the following provisions

  1. Your Acceptance of this Agreement
  2. Permission to Use the Website
  3. Changes to this Agreement
  4. Ownership and Permitted Use of the Website
  5. Misprints, Errors, and Prices
  6. Trade-mark Information
  7. No Framing, Mirroring, Scraping, Data-Mining or Postings
  8. Login Names and Passwords
  9. Disclaimers, Liability Exclusions/Limitations and Indemnity
  10. Termination
  11. Governing Law and Dispute Resolution
  12. Quality Policy
  13. Other Matters

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and BOATERexam.com (BOATEREXAM) regarding your access to and use of the BOATERexam.com® Referral Program website and all content, information, products and services available on or through the website (collectively, the "Website").

Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.

This Agreement is in addition to any other agreement you may have with BOATEREXAM, including a transaction agreement.

2. PERMISSION TO USE THE WEBSITE

You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.

3. CHANGES TO THIS AGREEMENT

BOATEREXAM may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE

The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of BOATEREXAM and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

5. MISPRINTS, ERRORS, AND PRICES

BOATEREXAM endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions or other errors may sometimes occur.

BOATEREXAM reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person.

6. TRADE-MARK INFORMATION

BOATEREXAM.COM®, and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by their respective owners or licensees.

Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.

7. NO FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

Links to the Website without the express written permission of BOATEREXAM are strictly prohibited. By joining the Referral Program, you are granted permission to link to the Website. BOATEREXAM may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

8. LOGIN NAMES AND PASSWORDS

Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by BOATEREXAM. For the purposes of accessing the Website, the Codes remain the property of BOATEREXAM and may be cancelled or suspended at any time by BOATEREXAM in its discretion without any notice or liability to you or any other person.

BOATEREXAM may act upon any communication that is given with the use of Codes. BOATEREXAM may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if BOATEREXAM is not satisfied with such proof.

If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify BOATEREXAM by telephone 1-866-688-2628 or email to [email protected] if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.

9. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY

DISCLAIMERS

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY BOATEREXAM TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSIONS

BOATEREXAM AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY BOATEREXAM OR ANY PERSON FOR WHOM BOATEREXAM IS RESPONSIBLE, AND EVEN IF BOATEREXAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS

THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

10. TERMINATION

Notwithstanding any other provision of this Agreement, BOATEREXAM may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. BOATEREXAM may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and BOATEREXAM will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.

11. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and BOATEREXAM or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of Ontario, sitting in the City of Ottawa (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

12. QUALITY POLICY

BOATEREXAM is committed to providing excellent service and superior value to our customers. We achieve this through quality leadership, industry leading innovation and continuous improvement in all of our services.

13. OTHER MATTERS

If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect . This Agreement enures to the benefit of and is binding upon each of BOATEREXAM and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. BOATEREXAM may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

Any rights not expressly granted by this Agreement are reserved to BOATERexam.

You may contact BOATERexam by telephone, email, or postal mail:

BOATERexam.com
203-1568 Carling Avenue
Ottawa, Ontario K1Z 7M4
CANADA
1-866-688-2628
[email protected]