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Dowco Online Learning Network
Tekla Structures Basic Training Course

Terms and Conditions
October 2008

These are important terms and conditions for the Tekla Structures Basic Training Course (COURSE). Please read them carefully before proceeding with your order and taking the COURSE. By registering for the COURSE all covenants and conditions imposed in this Agreement are accepted. This course was developed by Dowco Technology Services Ltd. (DOWCO), endorsed by Tekla International and is delivered via the website learning.dowcotech.com (WEBSITE).

DOWCO.reserves the right to modify these Terms at any time without notice. Except as otherwise stated herein, any change in these Terms and Conditions is effective immediately upon User‘s receipt of notice from DOWCO. Notice can be given through e-mail, posting on the WEBSITE or any other means by which User may obtain notice. User agrees to check the WEBSITE periodically for changes to these Terms. Any use of the WEBSITE after changes have been made shall be deemed acceptance of those changed terms of use.

Enrolment Requirements: Registrations in the COURSE are only confirmed upon receipt of full payment of the course fee.  Online applications will be processed within 5 business days of receipt.  User is solely responsible for providing the equipment related to accessing the WEBSITE, including all computer, software, remote communications equipment, Internet, telephone or other equipment.

Login and Password: In order to access and use this WEBSITE, your organization will be provided with a login and password.  You agree to take any and all actions necessary to maintain the privacy of your login and password, including, without limitation, safeguarding your login and password in a private and secure place, adopting special precautions when accessing the WEBSITE from a computer that is available for use by other users and exiting from the WEBSITE at the end of each session. In the event that you have reason to believe that a third party has access to your account, you should reset you password by immediately contacting DOWCO. DOWCO reserves the right to audit use of all User accounts based on the login name and revoke access for any clear violations of use.  Violations of use is defined as, but not limited to, concurrent logins, multiple IP’s from the same User account, excessive time spent connected to the course.

Copyright: All COURSE material is protected by copyright and should not be copied or utilized by you or any other party without permission from DOWCO. This applies to the complete course materials or any part of them. You may not reproduce, upload, post, transmit, download or distribute any part of WEBSITE other than printing out or downloading portions of the text and images for your own personal, non-commercial use.

You may not use WEBISTE in any manner that infringes the rights of any person or entity. Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by DOWCO, should be inferred.

Access to the Tekla Structures Basic Training Course: DOWCO strives to provide the COURSE to its Users on a continuous basis. To that end, DOWCO will take all commercially reasonable efforts to provide uninterrupted access to the COURSE and to its Users. However, from time to time, Users may be unable to access the COURSE due to conditions beyond DOWCO control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the COURSE to its Users, DOWCO will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

DOWCO reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this WEBSITE or the COURSE including, without limitation, the content, availability, access and/or the Terms and Conditions of this website, in whole or in part, or to impose new conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this website.

Responsibility for Content: You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to WEBSITE. You agree to indemnify DOWCO from any damage, loss, cost or expense which may be incurred by DOWCO as a result of the material you link, upload, post, or transmit to WEBSITE. DOWCO has no duty to review or edit materials submitted by Users. Any such materials may be removed by DOWCO at any time for any reason.

COURSE Prices: Prices are subject to change without notice and will be quoted including taxes and confirmed at the time of booking.

Discounts: Any promotional or other discounts on course fees may only be claimed at the time a booking is made.

Cancellations and Refunds: Once a User purchases the COURSE, the sale is final. No refunds or exchange of courses is allowed.

DOWCO reserves the right to cancel in its sole discretion the COURSE. In the event that DOWCO cancels this course you will be provided with a prorated refund of your fees upon request. Purchase of the COURSE allows the purchaser (an individual) access to the online course for a period of 18 months. Only the original individual purchaser is granted rights to access the online course. Access rights are not transferable to any other party and sharing of user names and passwords is prohibited. DOWCO reserves the right to immediately terminate access to online training courses if it believes that more than one User is accessing the COURSE using the same log-in details.

Exclusions of Warranties: No warranties of any kind are made with respect to the DOWCO WEBSITE. DOWCO DOES NOT WARRANT THAT THE COURSE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF WEBSITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.

Choice of Law and Jurisdiction: The COURSE is operated from our offices in Surrey, BC Canada. This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada, without reference to any conflict of law principles.

Arbitration: The parties agree that any dispute arising between the parties under or in any way related to this agreement, or the enforcement hereof, shall be submitted to binding arbitration under the Commercial Arbitration rules of the American Arbitration Association. The decision of the Arbitrator(s) shall be the final, binding, and exclusive remedy available to the parties for resolution of said disputes. The decision of the Arbitrator(s) shall be enforceable as a Judgment in any court of competent jurisdiction.