Last Revised: Dec 2, 2009
Change of policy/terms & conditions
Faculty of Fishing Inc. reserves the right to change this policy or modify the terms of service from time to time and without notice to you. Such changes and modifications will be posted on our website. You are encouraged to check our latest posted revision date on this page to ensure that you agree to any and all modifications, alterations and updates (all of which become effective upon being posted on the website).
When you are enrolled in an online training course, you provide us with information that personally identifies you ('Personal Information'). Faculty of Fishing Inc. and its related third parties treat all personal information provided by you and collected by Faculty of Fishing Inc. during the enrolment, training, testing process in accordance with this policy and our terms of service.
2.0 Purpose of Collecting Personal Information
We use your Personal Information to:
- Provide you with a Username and Access Code to access www.FacultyofFishing.com (web site) upon registration,
- Monitor use of the website training materials and web site services for training and testing,
- Identify your training records for you, including access logs and test results,
- To fulfil purchase orders through our Online Store, graduation gifts or rewards program incentives
- Send you a purchase confirmation
- Newsletter subscriptions
- Communicate with you regarding new products, courses, and events of interest. You may opt out of this service by contacting Faculty of Fishing Inc. at firstname.lastname@example.org
- If you choose to use our rewards program to n"tell a friend" about our product, we will ask you for your friend's name and email address. Faculty of Fishing Inc. will store this information for the timeline outlined in any incentive rewards program. We do not keep or use this information for any other purpose.
4.0 Limiting Collection
5.0 Limiting Use, Disclosure and Retention
5.1 Use of Personal Information
Personal information will be used for only those purposes to which the individual has consented except as permitted under applicable legislation.
5.2 Disclosure of PI to Third Parties
Faculty of Fishing Inc. may employ/contract other companies and individuals to perform functions on its behalf. These third parties may have access to Faculty of Fishing Inc.'s users Personal Information in order to provide these services, materials and testing procedures on Faculty of Fishing Inc.'s behalf. Faculty of Fishing Inc. will ensure, by contractual or other means, that the all third party service providers protect the information and uses it only for the purposes for which it was provided.
5.3 Retention of Personal Information
Personal information will be retained in client files as long as the file is active and for such period of time as may be prescribed by applicable laws and regulations
5.4 Corporate Change
Faculty of Fishing Inc. may sell, transfer or otherwise disclose information including Personal Information, in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change.
Faculty of Fishing Inc. endeavours to ensure that any personal information provided by the individual in his or her active file is accurate, current and complete as is necessary to fulfill the purposes for which the information has been collected, used, retained and disclosed. Individuals are requested to notify Faculty of Fishing Inc. of any change in personal or business information.
Faculty of Fishing Inc. has put in place organizational, physical and technological procedures to safeguard and secure the information we collect online.
Organizational safeguards: Access of personal information will be limited to third parties necessary to provide our services, products and materials.
Technological Safeguards: Access to any of Faculty of Fishing Inc.'s computers is password protected. Faculty of Fishing Inc.'s Internet router or server has firewall protection sufficient to protect confidential information against virus attacks and "sniffer" software arising from Internet activity.
Faculty of Fishing Inc. stores information they collect on third party limited access servers, hosted in Canada. We entrust our hosting providers to secure, maintain and protect your Personal Information from unauthorized disclosure. Unfortunately no data transmission over the Internet or storage on a web based server can be 100% secure. Faculty of Fishing Inc. cannot ensure or warrant the security of information you transmit through the web site. You provide this information at your own risk.
Faculty of Fishing Inc. does not knowingly collect information from minors. This web site is not directed towards minors.
Any financial transactions for shipping charges or any products ordered from the Online Store will be processed through Pay Pal. (www.paypal.com)
Faculty of Fishing Inc. will endeavour to make its privacy policies and terms of service known to the individual by having same available on the website: www.facultyoffishing.com.
9.0 Individual Access
An individual who wishes to review or verify what personal information is held by Faculty of Fishing Inc. may make the request for access, in writing, to Faculty of Fishing Inc.'s Privacy Officer. Upon verification of the individual's identity, the Privacy Officer will respond within 60 days.
Please feel free to contact Faculty of Fishing Inc. either by emailing us here , Attn: Terry McClymont, Privacy Officer or by calling 204-996-4330 if:
- You would like to stop receiving information from Faculty of Fishing Inc.
- You need to update your personal information
Faculty of Fishing Inc's Terms of Service
This agreement, as amended from time to time, specifies the terms or conditions under which you are permitted to freely use facultyoffishing.com to serve your educational needs and interests. The agreement obligates you to observe rules of acceptable conduct in the use its service and to indemnify and otherwise hold Faculty of Fishing Inc. harmless for any damaging or harmful circumstance resulting from that use. The conditions specified herein are referred to as the Faculty of Fishing Terms of Service (FOF-TOS). The services you are permitted to use under these conditions or terms are those currently available through www.facultyoffishing.com. You are free to use them to serve your educational needs and interests, provided you agree to the following terms.
Condition 1: General Terms of Service
This agreement governs your use of facultyoffishing.com (owned by Faculty of Fishing Inc.), and all of its services provided directly and/or indirectly to you. Faculty of Fishing Inc. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon publishing on our service. Check our latest posted revision date to ensure you are aware of any changes or modifications. Your continued use of facultyoffishing.com services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Faculty of Fishing Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease using any service provided by Faculty of Fishing Inc. or its affiliates.
Condition 2: Your Obligation to Provide Accurate Registration Data.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions.
Condition 3: Your Obligation to Maintain Your Account, Password, and Security.
Under the terms of this agreement, you are responsible for creating a password and account designation when registering for facultyoffishing.com services. You may not use a password that is obscene, vulgar or offensive, or otherwise violates the Terms of Service. It is your sole responsibility to maintain the security and confidentiality of your password, account, and all activities occurring therein. Your use of the password provided is an express indication of your acceptance of the Terms of Service agreement. Should that confidentiality or security be breached in any way, you are obligated to notify Faculty of Fishing Inc. immediately. You understand further that under no circumstances is Faculty of Fishing Inc. liable for any damage or loss resulting from your failure to comply with this obligation to maintain confidentiality and security.
Condition 4: Your Responsibility for Content, Conduct, and Risk.
Condition 4.1 Content Responsibility.
The Content you obtain from use of facultyoffishing.com services (including but not limited to publicly posted or privately transmitted items, data, graphics, information, messages, music, photographs, software, sound, text, video or other materials) is the sole responsibility of the person and organization providing it and hence cannot be used by you without their permission. Consequently, you, not Faculty of Fishing Inc., are fully responsibility for all Content uploaded, copied or printed through facultyoffishing.com. Moreover, Faculty of Fishing Inc. does not guarantee nor is it liable in any way for the accuracy, integrity or quality of Content provided by its services. This indemnity includes but is not limited to, errors or omissions of Content, or for any loss or damage of any kind incurred as a result of the use of Content that is uploaded, copied, printed, or used in any way via Faculty of Fishing Inc. services.
Condition 4.2 Appropriate Conduct.
You are expressly forbidden from using facultyoffishing.com services in any way that is inappropriate, unethical, harmful or damaging. This includes using facultyoffishing.com to upload, copy, print, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You are expressly forbidden from engaging in any activity that is harmful to minors. You are expressly forbidden from collecting or storing personal data about other facultyoffishing.com users.
You are expressly forbidden from impersonating any person or entity, including, but not limited to an employee of Faculty of Fishing Inc., or falsely stating or otherwise misrepresenting your affiliation with a person or entity. You are expressly forbidden from forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through facultyoffishing.com. You are expressly forbidden from uploading, copying, printing, or otherwise transmitting any Content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship. This includes the transfer or transmission of inside information, proprietary or confidential information acquired through employment relationships or under nondisclosure agreements. You are expressly forbidden from uploading, copying, printing, or otherwise transmitting or transferring any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party whatsoever. You are expressly forbidden from interfering with or disrupting Faculty of Fishing Inc. services or networks connected to its services, or disobeying any requirements, procedures, policies or regulations of networks connected to its services. You are expressly forbidden from intentionally or unintentionally violating any applicable local, state, national or international law, including any regulations having the force of law;
Given these prohibitions but not constrained by them, Faculty of Fishing Inc. and its agents have the right, but not the obligation, to refuse or to remove any Content that is available through its services. Faculty of Fishing Inc. and its agents have the right to remove any Content that violates the terms of service stipulated in this agreement or that is otherwise objectionable in any way. These rights notwithstanding, it is your sole responsibility to determine the accuracy, completeness, or usefulness of the Content and to assume the risks of using the Content based on that determination.
Condition 4.3 Assumption of Risk
Your full and complete responsibility for use of services provided by Faculty of Fishing Inc. precludes any and all risk associated with those services. All services provided are "as is" and "as available." This means that Faculty of Fishing Inc. expressly disclaims all warranties of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for particular uses or purposes and non-infringement. This also means that any material you download or otherwise obtain through use of the services is available to you at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or any such material. Faculty of Fishing Inc. makes no assurance, guarantee, or warranty that its services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results you obtain from using the services will be accurate or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or that any errors in the software will be corrected.
Condition 5: Your Acknowledgement of Faculty of Fishing, Inc.'s Limitations of Liability
UNDER THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND AGREE THAT IN NO EVENT SHALL FACULTY OF FISHING INC., ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THIS WEBSITE WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE SITES; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE FAILURE DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTONS ENTERED INTO THROUGH OR FROM THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR, ANY OTHER MATTER RELATING TO THE SERVICES.
UNDER THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND AGREE THAT FACULTY OF FISHING INC. SHALL NOT BE LIABLE FOR ANY OF THE AFOREMENTIONED DAMAGES YOU MIGHT EXPERIENCE THROUGH THE USE OF ITS SERVICES EVEN IF FACULTY OF FISHING INC. HAS BEEN NEGLIGENT OR IF AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES ? OR BOTH.
Condition 6: Your Acknowledgement of Faculty of Fishing, Inc.'s Proprietary Rights
Under the terms of this agreement, you expressly acknowledge, accept, and agree that any software used in connection with the services provided by Faculty of Fishing Inc. contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You expressly acknowledge, accept, and agree that the Content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You also expressly acknowledge, accept, and agree that unless expressly authorized by Faculty of Fishing Inc. not to modify, rent, lease, loan, sell, distribute, or create derivative works based on those aforementioned services or software in how or in any part thereof.
Condition 7: Copyright Notice
Ownership of this website its content, and the copyright therein belongs to Faculty of Fishing Inc. All rights reserved.
Any redistribution or reproduction of part of all of the contents in any form is prohibited. You may not, except with Faculty of Fishing Inc.'s express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Condition 8: Your Compliance with all Local, National, and International Rules of Content and Online Conduct
Under the terms of this agreement, you agree to comply with all local, regional, national, and international rules and policies regarding acceptable Content and online conduct. Under the terms of this agreement, you agree to comply with all laws applicable to or regarding the transmission of technical data exported from Canada or the country in which you reside.
Condition 9: Your Acknowledgement of Faculty of Fishing Inc.'s Trademark Information
Under the terms of this agreement, you agree to refrain from displaying or using in any manner or form trademarks of Faculty of Fishing Inc. or its sponsors without prior written permission from Faculty of Fishing Inc. These trademarks include:
- Faculty of Fishing™
- Faculty of Fishing, Inc.
Condition 10: Your Obligation to Pay for Shipping and Handling Costs.
Under the terms of this agreement, you agree that shipping costs and all related expenses will be paid for by yourself. Faculty of Fishing has no obligation to pay for any shipping, insurance or assoeciated costs with the shipping of any product, including the Graduation Gift.
Condition 11: Your Obligation to Report Violations of This Agreement to Faculty of Fishing Inc.
Under the terms of this agreement, you agree to report to Faculty of Fishing Inc. any violations of the aforementioned conditions that must be met in order for you to have free use of the services of Faculty of Fishing Inc.
Condition 11: Online Course Length to Completion
If you register, enrol, audit or in any way "participate" in any Faculty of Fishing Inc. online courses, you agree that the length of time of your enrolment is limited, and that if you fail to complete a Faculty of Fishing Inc. course within the specified amount of time allowed or stated by Faculty of Fishing Inc. (usually 12 months unless otherwise specified), you agree to the following:
- There are no refunds or service credit/vouchers after your enrolment period has ended, or after 6 months, whichever is less.
- There are no refunds on any portion of the Course Fee or Pre-Paid Discount Certificate Option if you fail to complete the course within the time allowed, or after 180 days, whichever is less. Extensions may be granted in some extenuating circumstances, should the course continue to operate after enrolment expiration. However, extensions and/or course subscription renewals incur additional charges.
Condition 12: Termination of Service
Faculty of Fishing Inc. reserves the right (and sole discretion), to stop, cease, terminate, restrict, suspend or remove your specific access to any or all parts of any (or all) services provided by Faculty of Fishing Inc., including (but not restricted to) online courses, interactive features, course request processing, promotion of any/all classes, award/certificate processing, or any general use of our service at any time for any reason without prior notice or liability. Faculty of Fishing Inc. may modify, suspend or discontinue all or any part of our service at any time, including the availability of any content (electronic, data or otherwise), feature, database, awards, courses, certificates, logs, or anything else that we retain, use, or publish as part of our service at any time, without prior notice or liability.
Condition 13: Legal Action
If any disputes arise between us regarding your use of this website, such disputes will be resolved according to the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to the principles of conflicts of law thereof, and the courts of the Province of Ontario shall have exclusive jurisdiction over all claims. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Condition 13.1 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the Faculty of Fishing Inc. must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Condition 13.2 Language
The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
Condition 14: Disclaimer of Warranties.
Neither Faculty of Fishing Inc. nor any provider of any third party content or their respective agents warrant that any service provided by Faculty of Fishing Inc. (in whole or in part) will be uninterrupted or error free. Faculty of Fishing Inc. (and all third party content) makes no warranties as to the results obtained by using any part of our service including use of any of our online courses. Everything offered by Faculty of Fishing Inc. is provided "As Is" with no guarantee of availability or quality. Faculty of Fishing Inc. and all third party vendors (and their respective agents) do not make any warranties of any kind, either express or implied. Any reliance you place on such information is therefore strictly at your own risk. Our website may contain advertising or services which link to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party.
FACULTY OF FISHING INC. CATCH AND REEL REWARDS PROGRAM
TERMS AND CONDITIONS
Description/Overview of Reward Program
- The Catch and Reel Rewards program is designed to offer anglers an opportunity to earn points redeemable for fishing gear and products, in exchange for their referrals of other participants to our courses. The referred participants are also eligible for this program.
- Points are redeemable for Fishing 1, Fishing 2, Fishing 3, Fishing 4 and Fish Specific courses on the Faculty of Fishing online education site.
- Referred Students must purchase the individual fishing modules or full course before points are awarded. There is absolutely no cash value redeemable for points earned at any time.
- Points can be split up to redeem multiple rewards or saved to redeem larger rewards, keeping in mind that points must be redeemed within 24 months of being accounted for.
Point purchases are non refundable or exchangeable. Please allow 2-4 weeks for processing.
- The program is offered only where permitted by law, to North American residents, of adult age OR with parent or legal guardian approval.
- Commercial Business are exempt from involvement or eligibility in the Catch and Reel Rewards program. Individuals involved in any of our sponsorship programs are eligible to participate in this program, however, sponsorship contacts do not qualify as referred customers and thus no points will be rewarded for sponsored contracts. There will also be no points rewarded with any discounted or other promotional offers.
- Corporate accounts are not eligible to participate in the Reel and Rewards Points Program.
- Participant will have up to, but no more than the published expiry date listed on the website to redeem earned points for reward products. A reward period begins and is effective from date first earned point(s) are rewarded and for the period of the program. Following this period the points will expire and will become invalid for redemption. Individual is responsible for tracking their own point expiry. This will be accessible to participants on www.facultyoffishing.com
- Participation in this program constitutes the participant?s full and unconditional agreement to these terms and conditions.
- This program cannot be combined with any other discounts. This program cannot be retroactive.
Shipping and Handling
- Participating angler is responsible for all and any financial obligations related to shipping and handling and/or international duty of rewards gear, products and etc.
- An individual's participation in the program constitutes that individual's acceptance of any changes to these terms and conditions. This individual is responsible for remaining knowledgeable as to any changes that Faculty of Fishing Inc. may make to the stated terms and conditions. The most current version of Faculty of Fishing Inc. Reel and Rewards Program Terms and Conditions will be available at www.facultyoffishing.com and will supersede all previous versions of these Terms and Conditions.
Limitations of Liability
- If any provision of these terms and conditions are not upheld, qualifying angler will not be eligible for redemption of points or points value.
- Except where prohibited, participant agrees that: a) any and all disputes, claims, causes of action arising out of or connected to the program will be resolved individually without resort to any form of litigation, class action and/or arbitration of any kind; b) any and all claims and awards shall be limited to actual out-of-pocket costs incurred (i.e. only costs related to involvement in program), but shall not at anytime include attorneys' fees under any circumstances; and c) member hereby waives any right to claim punitive, incidental, and consequential damages.