Building to Thrive™:
The Agreement: AVID Architecture (the "Provider") agrees to provide you with access to the Building to Thrive™ training course (the "Training") upon the following terms and conditions. By registering for the course you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
Effective Date: This Agreement shall start upon registration by the Participant in the Training and shall be enforceable between the parties starting on that registration date.
The Training: The Provider agrees to provide access to the Training on the Effective Date. The Provider agrees to provide all elements of the training described on the sales pages, including but not limited to video lessons, live virtual Q&A sessions, and checklists for building assessments.
Limited License: By purchasing the Training, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Training. The Participant is granted the right to download, store and print copies of items comprising the Training. All ownership rights in the intellectual property related to the Training remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Training without refund.
Copyright: The material in the Training is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Training, including modification, transmission, presentation, distribution, republication, or other exploitation of the Training or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
Participant Registration: The Participant agrees to provide true, accurate, current and complete information as prompted by the Membervault registration form ("Registration Data") and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Training access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Training at any time, if the Participant becomes disruptive to the Training or other Training participants, or fails to follow the Training guidelines.
Password Security: Any Membervault passwords and user IDs used for the Training are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID, and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Legal Disclaimer, Not Professional Advice: The Provider provides the information contained in the Training to the Participant for informational and educational purposes only. The information contained in the Training, including any interactions with instructors, and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Training to their own personal circumstances and may wish to get additional professional advice where appropriate.
Legal Disclaimer, Technology: The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Training being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Training.
Limitation of Liability: Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Training, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
Disclaimer of Warranties: The Training is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Training, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Training including, without limitation, the Providers provide no representation or warranty that (i) the Training will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Training will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Training at your own risk and liability.
Release and Indemnity: The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Training (including any breach by you thereof), or otherwise relating to this Agreement, and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Training. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Training or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Training or its content.
Governing Law and Jurisdiction. The Training is operated by the Provider within the Province of Alberta, Canada. By accessing or using the Training, the Participant agrees that all matters relating to your access to, or use of the Training and its content shall be governed by the laws of the Province of Alberta, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Alberta, with respect to all matters relating to their access to and use of the Training.
Customer Support Requests: If you have questions or comments or need to provide notice of any kind to the Provider, please email us at firstname.lastname@example.org
Entire Agreement: This is the entire agreement between the Participant and the Provider relating to your access and use of the Training and the content therein.