Terms Of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the G.N. Johnston Equipment Co. Ltd. (“Johnston Equipment”) web site located at www.johnstontraining.com (the “Site”). The Site is the property of Johnston Equipment and its licensors. BY ACCESSING AND/OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE EVEN IF YOU DO NOT COMPLETE AND/OR SUBMIT A REGISTRATION FORM; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Johnston Equipment reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Johnston Equipment grants you a personal, non exclusive, non transferable, limited privilege to enter and use the Site only if you agree to abide by all applicable laws, rules and regulations and the terms of these Terms of Use.

Age

Registration and participation on the Site is restricted to those individuals who are over 18 years of age and are fully able and competent to enter into the terms, conditions, and obligations herein and to make the affirmations, representations and warranties herein. By registering or participating in the Services or functions on the Site, you hereby represent that you are over 18 years of age and have the authority to enter into these Terms of Use. In addition, those who wish to register and participate in the Services must meet the minimum requirements laid out in the Terms of Use.

Online Courses and Certificates

Johnston Equipment provides training materials and services through the Site (the “Services”) and will, from time to time, offer online courses (an “Online Course”). Subject to your satisfactory performance on an exam taken in an Online Course, you may be awarded a statement acknowledging your completion of the Online Course from Johnston Equipment (an “Acknowledgement of Completion”). You acknowledge that the Acknowledgement of Completion and Online Courses do not convey any accreditation or certification. The format and content of the Acknowledgement of Completion will be determined at the sole discretion of Johnston Equipment.

Account Registration and Services

If you wish to use this Site you must complete and submit the registration form presented to you upon visiting the Site (a “Registration Form”). If Johnston Equipment accepts your Registration Form, it will create an account for you which provides access to the Services (an “Account”). You may access the Services at any time by visiting the Site, provided your Account remains in good standing. Users are entirely responsible for all activities that occur through use of their Accounts. You agree that you will never divulge the access information for your Account or share access to your Account with any third party for any reason.

Payment

If your employer has provided you with a key code (“Key Code”), you will not be charged for use of the Services. If you do not have a Key Code, you will be required to make a payment for access, to be completed through PayPal. During the registration process, users will be directed to complete the payment process by signing into their PayPal account [or may be able to use a credit card without having to register for a PayPal account]. If you submit information or make a payment to or through PayPal, your information and/or payment may be subject to PayPal’s terms and conditions and PayPal’s privacy policy, which are located at www.paypal.com. By completing and submitting the Registration Form you authorize Johnston Equipment receive funds from PayPal as consideration for your use of the Site and Services.

PAYMENT AT THE TIME OF REGISTRATION DOES NOT PROVIDE YOU WITH UNLIMITED FUTURE ACCESS TO THE SERVICES. You are entitled, through either payment for the Services or your use of one Key Code, to three opportunities to take and pass an exam for an Online Course. If you are not able to pass the exam and receive an Acknowledgement of Completion after three attempts, your Account will be disabled and you will be asked to make a further payment or enter a new Key Code in order to re activate your Account.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Raymond Corporation, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution, for any non-commercial or commercial purpose, without Johnston Equipment’s express prior written consent.

You may download and print from the Site information about Johnston Equipment products and services (such as data sheets, knowledge base articles, and similar materials) expressly made available by Johnston Equipment for such purposes, provided that you (1) not remove any proprietary notices in copies of such documents, (2) use and copy such information only for your personal, non commercial informational purpose, (3) do not copy or post or otherwise make available such information on any networked computer or broadcast or disseminate such information in any media, (3) make no modifications to any such information, and (4) make no additional representations or warranties relating to such documents.

Your Use of the Site

You may not frame, scrape, use any deep link, robot, spider, or web crawler or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, index or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Johnston Equipment reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Johnston Equipment server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Johnston Equipment, including any Johnston Equipment account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You may not falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Johnston Equipment’s systems or networks, or any systems or networks connected to the Site or to Johnston Equipment.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Johnston Equipment on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Johnston Equipment or others.

Privacy

All information submitted in the Registration Form shall be treated in compliance with the Johnston Equipment privacy policy, available here and described on the Site (the “Privacy Policy”). The Privacy Policy applies to the use of this Site, and its terms are made part of this Terms of Use by reference. Users are advised to carefully review the Privacy Policy prior to submitting the Registration Form. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

User Records

Records of your participation in an Online Course will be kept for a period of [three years] and may be used by Johnston Equipment, its parent, subsidiaries or affiliates for the purpose of contacting you about updates or new training opportunities, or to improve education, training and testing services offered by Johnston Equipment from time to time. Please consult our Privacy Policy for full details about how we use personal information.

Submissions, Comments and Feedback

All questions, comments, suggestions, ideas, concepts, techniques, data, materials or information (“Feedback”) furnished by users of the Site is deemed non confidential and shall not give rise to any obligation on the part of Johnston Equipment. You hereby assign to Johnston Equipment, or if applicable waive in favour of Johnston Equipment, all of your rights in such Feedback, including intellectual property rights everywhere in the world. You agree that Johnston Equipment may reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback and may use any ideas, concepts, know how, data or techniques contained in such Feedback for any purpose whatsoever, in accordance with the Privacy Policy and these Terms of Use, which may include but is not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know how, data or techniques, and this without incurring any obligation toward the user providing such Feedback.

Links to Other Sites and to the Johnston Equipment Site

This Site may contain links to other independent third party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Johnston Equipment’s control, and Johnston Equipment is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

JOHNSTON EQUIPMENT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JOHNSTON EQUIPMENT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JOHNSTON EQUIPMENT DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF ACCURACY, NON INFRINGEMENT, OR MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. JOHNSTON EQUIPMENT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY JOHNSTON EQUIPMENT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JOHNSTON EQUIPMENT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, alteration of, or use of the Site or the Services, whether for breach of contract, tort, negligence or any other cause of action.

Johnston Equipment reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Johnston Equipment be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Johnston Equipment has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Johnston Equipment is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Johnston Equipment’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Johnston Equipment (but not including the purchase price for any Johnston Equipment hardware or software products or any Johnston Equipment Care or similar support program), or (2) CDN$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

ACKNOWLEDGMENT, RELEASE AND INDEMNITY

In consideration of your being permitted to access or use the Site or Services, and/or your being permitted to participate in the Online Course, you hereby acknowledge and agree, for yourself and your heirs, executors, administrators, insurers and assigns, that:

(i) completion of the Online Course will not provide you with any qualification, certification, accreditation, designation or authorization, will not qualify you to operate any equipment or provide any services, and will not make you competent to operate any equipment or provide any services;

(ii) your access to, use of, and participation in, the Site, Services and Online Course are entirely at your own risk. You understand and acknowledge that access to or use of the Site or Services, participation in the Online Course, or use of or reliance on information provided in connection with the Site, Services or Online Course, may directly or indirectly result in expense, loss, damage, or injury to yourself or others, including but not limited to that directly or indirectly arising out of, or in connection with the use of or inability to use the Site, Services or Online Course, or in connection with any error, act or omission, defect, computer virus or system failure, unauthorized access, breach of privacy, or loss of any profit, goodwill or reputation, directly or indirectly relating in any way to the use of, access to or performance of Site, Services and/or Online Course. You further acknowledge that e-mail and other methods of transmitting information over the Internet may be subject to interference or scrutiny by third parties. The security and privacy of such communications cannot be assured by Johnston Equipment or their employees, contractors, service providers and agents and you assume full and sole risk of transmitting any such communications;

(iii) you hereby release and discharge, to the fullest extent permitted by applicable law, Johnston Equipment and The Raymond Corporation, and their parents, subsidiaries, affiliates, service providers, insurers, and agents, and each of their directors, officers, employees, shareholders, successors, predecessors, agents and representatives, and all trainees, trainers and testers under the Online Course, all operators and owners of premises where training or testing under the Online Course is undertaken, and all employees, agents, representatives and family members of those persons (all of the foregoing collectively referred to as the “Releasees”); from any and all demands, liabilities, complaints, claims, proceedings, actions, or causes of action for any direct or indirect losses, injury (including but not limited to death or serious permanent injury), expense, costs (including, without limitation, any lawyers’ fees), harm and/or damages of any nature whatsoever, arising directly or indirectly as a consequence of, or in any way relating to, the Site, Services and/or Online Course, including, without limitation, any that may be caused or contributed to, in whole or in part, by any negligence, breach, or wrongful act or omission of the part of any one or more of the Releasees;

(iv) you hereby agree to assume full responsibility for any and all direct and indirect losses, injury (including but not limited to death or serious permanent injury), demands, liabilities, complaints, expense, costs (including, without limitation, any lawyers’ fees), risk, harm and damages of any nature whatsoever, known or unknown, arising directly or indirectly as a consequence of, or in any way relating to, your use or misuse of the Site, use or misuse of the Services, your participation in the Online Course, your use or misuse of information or resources contained on or accessible through the Site, your infringement of any intellectual property rights, any breach of the Terms of Use, and/or due to any act, error, omission, default or negligence on your part or on the part of any third party who has accessed the Site, Services or Online Course (including without limitation the information and/or resources provided therein) directly or indirectly via you, your connection, your account username and password, or your Key Code. Without limiting the foregoing, you hereby expressly acknowledge and agree to assume full and sole responsibility for any loss occasioned from your use of information relating to the Site, Services or Online Course; and

(v) you further agree to indemnify and hold harmless the Releasees against and from any and all direct and indirect losses, injury (including but not limited to death or serious permanent injury), demands, liabilities, complaints, expense, costs (including, without limitation, any lawyers’ fees), claims, proceedings, actions, causes of action, settlements, awards, harm and damages of any nature whatsoever, arising directly or indirectly as a consequence of, or in any way relating to, your use or misuse of the Site, use or misuse of the Services, your participation in the Online Course, your use or misuse of information or resources contained on or accessible through the Site, your infringement of any intellectual property rights, any breach of the Terms and Conditions of Use, and/or due to any act, error, omission, default or negligence on your part or on the part of any third party who through has access to the Site, Services or Online Course (including without limitation the information and/or resources provided therein) directly or indirectly via you, your connection, your account username and password, or your Key Code.

Violation of These Terms of Use

Johnston Equipment may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Johnston Equipment’s rights or property, or the rights or property of visitors to or users of the Site, including Johnston Equipment’s customers. Johnston Equipment reserves the right at all times to disclose any information that Johnston Equipment deems necessary to comply with any applicable law, regulation, legal process or governmental request. Johnston Equipment also may disclose your information when Johnston Equipment determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Johnston Equipment may preserve any transmittal or communication by you with Johnston Equipment through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Johnston Equipment determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Johnston Equipment, its employees, users of or visitors to the Site, and the public.

You agree that Johnston Equipment may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Johnston Equipment, for which monetary damages would be inadequate, and you consent to Johnston Equipment obtaining any injunctive or equitable relief that Johnston Equipment deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Johnston Equipment may have at law or in equity.

You agree that Johnston Equipment may, in its sole discretion and without prior notice, terminate your access to the Site, for any reason or no reason, including without limitation, (1) breaching these Terms of Use, (2) infringing the intellectual property rights of a third party, (3) requests by law enforcement or other government agencies, (4) a request by you (self initiated account deletions), (5) discontinuance or material modification of the Site or any service offered on or through the Site, or (6) unexpected technical issues or problems.

If Johnston Equipment does take any legal action against you as a result of your violation of these Terms of Use, Johnston Equipment will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Johnston Equipment. You agree that Johnston Equipment will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the province of Ontario without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts of Ontario, Canada, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out of pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Johnston Equipment and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

The Site is controlled, operated and administered by or for Johnston Equipment from locations within the United States and Canada. Due to the global nature of our business, personal information provided to Johnston Equipment will be transferred outside of Canada and may be subject to the laws of other jurisdictions. For further information, please consult the Johnston Equipment privacy policy, available here. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Johnston Equipment reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Access to the Site from territories where the Site’s contents are illegal is prohibited. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Johnston Equipment with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Johnston Equipment with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Johnston Equipment, Johnston Equipment will not accept any counter offers to these Terms of Use, and all such offers are hereby categorically rejected. Johnston Equipment’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Johnston Equipment of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Johnston Equipment and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. [Johnston Equipment may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use.] You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Johnston Equipment.

Johnston Equipment provides access to Johnston Equipment international data and, therefore, may contain references or cross references to Johnston Equipment products, programs and services that are not announced in your country. Such reference does not imply that Johnston Equipment in your country intends to announce such products, programs or services.

The information contained in this site and Terms of Use is subject to change without notice. Copyright © 2012 The Raymond Corporation. All rights reserved.

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