TERMS OF USE OF PRACTICEPPEEXAMS.CA

Last Modified March 18, 2024

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://practiceppeexams.ca (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Outlearn Inc. (“Company”) from time to time pursuant to the modifications provisions found herein.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference. The Company reserves the right to keep you informed with its engineering newsletter via the email you use to make your purchase on this website. You may unsubscribe to at any time by clicking on the 'unsubscribe' button on the newsletter email.

3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of Canada and the Province of Ontario, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the province of Ontario, Canada in all disputes arising out of or related to the use of the Site or Service.

4. AGE. The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.

5. FEES. Some products and services available through or in connection with this Site require the payment of a fee. You hereby authorize the Company and its merchant provider to charge your credit card or other payment option in advance for all applicable fees incurred by you or on your behalf in connection with the product you have chosen to purchase. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account. The Company reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. Such new fees, charges or terms shall not take effect earlier than 30 days after the Company posts such modified fees on the Site or communicates them to you by e-mail. The Company reserves the right to terminate any account at any time for any reason.

(a.) The Company agrees that it will terminate Customer’s account upon notice from Customer. If Customer has a balance due on any account, Customer agrees that the Company can charge these unpaid fees to Customer’s credit card.

6. USE OF COURSES. Company may make certain course content available to you from the Site. If you download content from the Site, the material, including all files and images contained in or generated by the course, and accompanying data (collectively, “education materials”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the education materials, and Company retains full and complete title to the education materials as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the education materials, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the education materials to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

7. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

9. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please contact us if you believe there is content on this site that violates the Copyright Act.

11. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

12. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

16. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. COPYRIGHT. The Company owns the copyright for all courses, curricula, practice questions, videos, lessons, downloads, and any other material delivered to clients or website visitors. This includes any content generated by Artificial Intelligence (AI) tools following interactions with clients or website visitors, regardless of the specific nature of those interactions. Copyright © 2012-2024 Outlearn Inc., 2420 Bank Street, Suite 61 K1V 8S1 Ottawa, Ontario. All rights reserved.

18. CANADIAN APPLICANTS USE ONLY. The Site is controlled and operated by Company from its offices in the Province of Ontario.  The website is hosted in Canada. The intended audience for this site consists of individuals applying to Associations in Canada only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than Canada.

19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

21. GUARANTEE. The "full refund + an additional $100" offer can only be used once per client per licensing step. The refund + $100 is valid if your licensing step result is sent to us within 6 months of the date it was issued.  For a result 6 months to 12 months old, only the refund will be issued.  For a result over 12 months old, no refund or extra $100 can be provided. If the client received any cash or cash-like bonuses for signing up or as part of another guarantee offer, these will be deducted from the $100 amount.  For NPPE clients, they are not entitled to claim the guarantee if they don't show up for the exam. Company reserves the right to reduce the $100 payout if the client has downloaded, recorded or otherwise captured course material not made downloadable by the Company.

22. REFERRAL BONUS. A referral bonus may be granted if the person referring is a current or past paying client of Practice PPE Exams AND the person they are referring is a new client AND that client makes an order of $150 or more. Those excluded from the referral bonus include: affiliate partners, and an individual referring themself.  If the new client purchases at a discounted or promotional price, they will only be entitled to half the value of the referral bonus.

23. USE OF ARTIFICAL INTELLIGENCE: Company utilizes artificial intelligence technologies (“AI”) to optimize the creation of course content. This may entail using machine learning, natural language processing, or other AI algorithms to inform our educational resources and responses to client queries. By accessing our services, you agree to the application of these AI methods by the Company. The Company endeavours to ensure the preciseness of AI technologies by implementing human oversight of all AI content to verify and, if necessary, correct the results generated by AI to guarantee the best service quality. However, the Company cannot guarantee the complete absence of errors or inaccuracies. Therefore, the Company disclaims any liability for any damages or losses incurred as a result of using or relying on AI-generated content. By accessing and using the AI-generated content, you acknowledge that you have read, understood, and agree to the terms of this content disclaimer. We recommend reviewing our Privacy Policy for further information pertaining to our data management practices.

24. FAIR USAGE POLICY (FUP)

Company is committed to providing high-quality, reliable service for all users. We expect all our users to avoid misuse or overuse of our services (e.g. repetitive queries of our AI tools). Overuse by one user may impact the quality of service for others.

The vast majority of users (99%) consistently operate within the defined parameters. Exceeding these parameters could lead to restricted or reduced service access, with or without prior warning.

Our system diligently monitors for automated or robotic behaviour to maintain service safety and quality. Please be aware that sharing login details for monetary gains is considered illegal. Each course is intended for one individual user only, and multiple users sharing one account are not permitted.

Please note that unusually high usage or sharing of login details could lead to account suspension or deletion without prior notice, with no possibility for refunds.

25. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment, which we determine is a material amendment in our sole discretion, we shall:

(a) Provide you notice by email of said change 15 days prior to the change going into force, and

(b) Clearly publish notice of the amendment on the homepage of the Site.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.

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