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Privacy Policy and Terms of Service
Privacy Policy

Faculty of Flight Inc. Privacy Policy and Terms of Service

Last Revised: June 1, 2010

Faculty of Flight Inc. takes your privacy seriously. Please feel free to review our Privacy Policy:

Your Personal Information

1.0 Purpose of Faculty of Flight Inc. Privacy Policy

When you are enrolled in an online training course, you provide us with information that personally identifies you ('Personal Information'). Faculty of Flight Inc. and its related third parties treat all personal information provided by you and collected by Faculty of Flight Inc. during the enrolment, training, testing process in accordance with this policy and our terms of service.

We use your Personal Information (PII) primarily to:

  • Provide you with a Username and Access Code to access www.FacultyofFlight.com (web site).
  • 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.

Passwords

In order to authenticate your session (accessing the web site), an individual Username and Password is provided to you to gain access to certain services or sections on this site. You are solely responsible for the control and use of each password and the use of this password is governed by the Terms of Service. Your use of the Username and Password provided, is an express indication of your acceptance of the Terms of Service Agreement.

Use of Cookies

Some of our web pages use 'cookies'. A cookie is a small file that a web site may send to your browser. The cookie file is then stored on your hard drive. A cookie does not contain any personal Information, but it does enable Faculty of Flight Inc. to build a better web site by recording how and when guests use our site. This information, in turn allows us to better serve you when you return to our site. You can set your browser to refuse cookies, but if you do, you may not be able to take full advantage of our site.

Disclosure of PI (Personal Information) to Third Parties

Faculty of Flight Inc. may employ other companies and individuals to perform functions on its behalf. These third parties may have access to Faculty of Flight's users PI in order to provide these services on Faculty of Flight's behalf. Faculty of Flight Inc. works with Change Innovators Inc. to provide the materials and testing procedure on the web site. In addition, there may be other third parties Faculty of Flight contracts, at their discretion, to provide services. These third parties may have access to a user's PI.

Corporate Change

Faculty of Flight Inc. may sell, transfer or otherwise disclose information including PI, in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change.

Security

Faculty of Flight 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 PI from unauthorized disclosure. Unfortunately no data transmission over the Internet or storage on a web based server can be guaranteed 100% secure. Faculty of Flight Inc. cannot ensure or warrant the security of information you transmit through the web site. You provide this information at your own risk.

Contacting facultyofflight.com

Please feel free to contact Faculty of Flight Inc. either by emailing us here , Attn: Terry McClymont, Privacy Officer or by calling 204-996-4330 if:

  • You have concerns or comments about Faculty of Flight Inc.'s Privacy Policy and related practices.
  • You would like to stop receiving information from Faculty of Flight Inc.
  • You want to correct or update your Personal Information.

Terms of Service

This agreement specifies the terms or conditions under which you are permitted to freely use facultyofflight.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 Flight Inc. harmless for any damaging or harmful circumstance resulting from that use. The conditions specified herein are referred to as the Faculty of Flight Terms of Service (FOF-TOS). The services you are permitted to use under these conditions or terms are those currently available through Faculty of Flight.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 facultyofflight.com (also known as Faculty of Flight), and all of its services provided directly and/or indirectly to you. Faculty of Flight, 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. Your continued use of facultyofflight.com services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Faculty of Flight 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 Flight Inc. or its affiliates.

Condition 2: Your Obligation to Provide Accurate Registration Data.

Under the terms of this agreement, you agree to provide accurate, current and complete information about yourself, as requested by the registration form, and to maintain and update that information as requested. You understand that if your registration information is untrue, inaccurate, not current, or incomplete, or if Faculty of Flight has grounds for suspecting that the information is untrue, inaccurate, not current, or incomplete that Faculty of Flight has the right to suspend or terminate your account, and to deny you access to any or all of its services. You understand that all registration information is subject to our Privacy Policy (please see Privacy Policy in separate section).

Condition 3: You 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 facultyofflight.com services. It is your sole responsibility to maintain the security and confidentiality of your password, account, and all activities occurring therein. Should that confidentiality or security be breached in any way, you are obligated to notify Faculty of Flight Inc. immediately. You understand further that under no circumstances is Faculty of Flight Inc. liable for any damage or loss resulting from your failure to comply with this obligation to maintain confidentiality and security.

Condition 3: You Obligation to Maintain Your Account, Password, and Security.

Faculty of Flight 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 Flight 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 Flight 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)

Condition 4: Your Responsibility for Content, Conduct, and Risk.

Content Responsibility. The Content you obtain from use of facultyofflight.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 Flight Inc., are fully responsibility for all Content uploaded, copied or printed through facultyofflight.com. Moreover, Faculty of Flight 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 Flight services.

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

9.0 Individual Access

An individual who wishes to review or verify what personal information is held by Faculty of Flight Inc. may make the request for access, in writing, to Faculty of Flight Inc.'s Privacy Officer. Upon verification of the individual's identity, the Privacy Officer will respond within 60 days.

10.0 Contact/Complaints/Recourse

Please feel free to contact Faculty of Flight Inc. either by emailing us here , Attn: Terry McClymont, Privacy Officer or by calling 204-996-4330 if:

  • You have concerns or comments about Faculty of Flight Inc.'s Privacy Policy and related practices.
  • You would like to stop receiving information from Faculty of Flight Inc.
  • You need to update your personal information

Faculty of Flight 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 facultyofFlight.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 Flight Inc. harmless for any damaging or harmful circumstance resulting from that use. The conditions specified herein are referred to as the Faculty of Flight Terms of Service (FOF-TOS). The services you are permitted to use under these conditions or terms are those currently available through www.facultyofFlight.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 facultyofFlight.com (owned by Faculty of Flight Inc.), and all of its services provided directly and/or indirectly to you. Faculty of Flight 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 facultyofFlight.com services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Faculty of Flight 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 Flight 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.

Under the terms of this agreement, you agree to provide accurate, current and complete information about yourself, as requested by the registration form, and to maintain and update that information as requested. You understand that if your registration information is untrue, inaccurate, not current, or incomplete, or if Faculty of Flight Inc. has grounds for suspecting that the information is untrue, inaccurate, not current, or incomplete that Faculty of Flight Inc. has the right to suspend or terminate your account, and to deny you access to any or all of its services. You understand that all registration information is subject to our Privacy Policy.

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 facultyofFlight.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 Flight Inc. immediately. You understand further that under no circumstances is Faculty of Flight 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 facultyofFlight.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 Flight Inc., are fully responsibility for all Content uploaded, copied or printed through facultyofFlight.com. Moreover, Faculty of Flight 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 Flight Inc. services.

Appropriate Conduct. You are expressly forbidden from using facultyofflight.com services in any way that is inappropriate, unethical, harmful or damaging. This includes using facultyofflight.com to upload, copy, print, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, 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 facultyofflight.com users. You are expressly forbidden from impersonating any person or entity, including, but not limited to an employee of Faculty of Flight 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 facultyofflight.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 Flight 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 but not limited to regulations of the U.S. Securities and Exchange Commission, of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, or any regulations having the force of law.

Given these prohibitions but not constrained by them, Faculty of Flight Inc. and its agents have the right, but not the obligation, to refuse or to remove any Content that is available on its services. Faculty of Flight 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.

Assumption of Risk. Your full and complete responsibility for use of services provided by Faculty of Flight Inc. precludes any and all risk associated with those services. All services provided are "as is" and "as available." This means that Faculty of Flight 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 Flight 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 Flight Inc.'s Limitations of Liability

Under the terms of this agreement, you expressly acknowledge, accept, and agree that Faculty of Flight shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to: 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 transactions 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 Flight shall not be liable for any of the aforementioned damages you might experience through use of its services even if Faculty of Flight Inc. has been advised of the possibility of such damages.

Condition 6: Your Acknowledgement of Faculty of Flight 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 Flight 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 Flight 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: 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 your country of residence.

Condition 9: Your Obligation to Report Violations of This Agreement to Faculty of Flight

Under the terms of this agreement, you agree to report to Faculty of Flight 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 Flight Inc.

Condition 10: Online Course Length

If you register, enroll, audit or in any way "participate" in any Faculty of Flight online courses, you agree that the length of time of your enrollment is limited, and that if you fail to complete a Faculty of Flight course within the specified amount of time allowed or stated by Faculty of Flight (usually 6 months unless otherwise specified), you agree to the following:.

  1. There are no refunds or service credit/vouchers after your enrollment period has ended, or after 6 months, whichever is less.
  2. 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 6 months, whichever is less. Extensions may be granted in some extenuating circumstances, should the course continue to operate after enrollment expiration. However, extensions and/or course subscription renewals incur additional charges.

Condition 11: Termination of Service

Faculty of Flight 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 Flight, 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 Flight 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 12. RESOLUTION OF DISPUTES BY BINDING ARBITRATION

READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT.

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.

12-1. Mandatory Binding Arbitration

All disputes arising out of or related to this Agreement or our Service in general (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any Service, advertising or otherwise having a connection to this Agreement. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect.

The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND Faculty of Flight Inc. BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in house or outside counsel is employed.

12-2. Arbitration Information and Filing Procedure

Before you take a dispute to arbitration or to small claims court, you must first write to us at Faculty of Flight, Inc., P.O. Box 1440, Kenora, Ontario, Canada, K9N 3X7, and give us an opportunity to resolve the dispute. Similarly, before Faculty of Flight Inc. takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date you or Faculty of Flight Inc. is notified by the other of a dispute, then either party may contact the AAA and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available on the Internet at www.adr.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Kenora, Ontario, Canada. Arbitrations under this Agreement shall be confidential as permitted by federal law.

12-3. Time for Filing Claims

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 the Agreement must be filed with the AAA within one year after such claim or cause of action arose or be forever barred.

12-3. Time for Filing Claims

Neither Faculty of Flight Inc. nor any provider of any third party content (including any of our students or staff) or their respective agents warrants that any service provided by Faculty of Flight Inc. (whole or in part) will be uninterrupted or error free. Faculty of Flight Inc. (and all third party content) make 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 Flight Inc. is provided "As Is" with no guarantee of availability or quality. Faculty of Flight Inc. and all third party vendors (and their respective agents) do not make any warranties of any kind, either express or implied.

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