FabJob Inc., doing business as IAP Career College (“IAP”, “us”, “we”, the “Company”), offers affordable online courses and certificate programs (collectively, “Courses”, and each a “Course”) and e-books (“Guides”) on a wide variety of subjects. IAP also offers memberships (“Memberships”) in various professional associations that provide education and business development services for graduates of IAP’s Courses. In short, IAP helps you launch the next chapter of your dream career.
These Terms of Service (“Terms”) apply to your use of and participation in IAP’s Courses and Memberships, as well as all other products and services offered from IAP from time to time, including but not limited to Guides (collectively, the “Services”). Our Services also include the use of any websites operated by IAP (each, a “Website”), including iapcollege.com and fabjob.com.
1. Acceptance of this Agreement
We may make changes to these Terms from time to time without notice to you. The most recent version of this Agreement will be posted to the Website and will be the version that applies to your use of the Services. By continuing to use the Services after any changes to this Agreement are posted to the Website, you agree to be bound by those changes. Therefore, you should check the Website regularly for the most recent version of this Agreement.
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that:
- you are at least 18 years of age;
- you are accepting this Agreement and you confirm that you have the right and capacity to enter into this Agreement; and
- you will comply with this Agreement.
We are under no obligation to accept any individual’s application for registration in a Course and may accept or reject any application for registration in our sole and complete discretion.
3. Your IAP Accounts
You are solely responsible for maintaining the confidentiality of the password (the “Password”) used to sign into your IAP account (the “Account”) and for all activities that occur through your Account. Your Account may only be used by you. You may not share your Password or otherwise allow anyone else to use your Account. If you think someone has gained access to your Account, you must immediately contact us. Notwithstanding anything else in these Terms, we are not responsible for any unauthorized access to your Account. In addition, we reserve the right to delete or change your Password and shall have no liability to you for any loss or damage caused by such action.
You may request deletion of your Account by contacting us through the contact information provided on the Website.
4. Intellectual Property
Our Services include course materials, lesson plans, interactive exercises, Guides, software, photographs, images, text, graphics, Sample Materials (as defined below) and other materials provided by us or by third parties (collectively, the “Materials”). IAP retains all right, title, and interest, including all intellectual property rights, in and to the Materials. Except as explicitly set out in these Terms, you may not sell, transfer, assign, license, sublicense, or modify the Materials or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Materials in any way for any purpose. You must retain all copyright and other proprietary notices contained in the Materials. The use or posting of the Materials on any social media page or other website for any purpose is expressly prohibited. The Websites use and display registered and unregistered trademarks, service marks and logos (collectively, “Trademarks”) of IAP and other third parties. You may not use the Trademarks without our prior written consent and nothing on the Websites should be construed as granting any license to use the Trademarks.
Our Limited License to You
IAP grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to access and view the Materials for which you have paid all required fees, solely for personal, non-commercial, educational purposes. In addition to the foregoing, you also may:
- display and promote any certificates which we provide to you in connection with your successful completion of one or more Course(s); and
- modify, reproduce, distribute and use in your own business certain sample materials (such materials, the “Sample Materials”) provided by IAP for use in your business, provided that: (i) you may not sell the Sample Materials to any party; and (ii) you are solely responsible for your use of the Sample Materials. IAP expressly disclaims any liability whatsoever related to your modification, reproductions, distribution and use of the Sample Materials.
IAP explicitly reserves all other rights not expressly granted herein. Nothing in these Terms shall be construed to grant you the right to reproduce the Materials or Services for commercial purposes. Use of the Services or Materials in a manner that is not expressly authorized hereunder is a material breach of this Agreement.
User Materials and Your License to Us
The Website may enable you to post or submit materials (including without limitation product reviews and photos) to the Websites (collectively, “User Materials”). You expressly acknowledge and agree that once you submit User Materials to the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Materials, including, without limitation, any personally identifying information that you may make available. YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER MATERIALS THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights in and to your own User Materials. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your User Materials and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us the right, but not the obligation, to use your User Materials to advertise and promote the Websites, IAP, and our products and services.
By submitting User Materials, you are representing that you are the owner of the User Materials or are making your posting or submission with the express consent of the owner of the User Materials, that you have the rights necessary to grant the license to the User Materials under the prior paragraph, and that its use by IAP as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.6.
6. Access to Materials
Individuals enrolled in our Courses are generally granted a lifetime access license to the Materials provided in connection with such Course, meaning that once you purchase a Course, you will have access to the associated Materials for life, provided that your Account is in good standing and that IAP’s business activities remain ongoing. However, we reserve the right to revoke any license to access and use the Materials at any point in time if we decide in our sole discretion to disable access to the Materials for legal, policy or business reasons.
7. Rules for Use of Services
When using the Services, you agree to comply with the rules (the “Rules”) in this Section 6 and that you will not use the Services for any unlawful purpose. Without limiting the generality of the foregoing, you will not:
- use the Services or any content contained in the Services for any commercial purposes without our prior written consent;
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without our prior written consent;
- interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in anyway reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- frame or inline link any of the content of the Websites, or incorporate into another website or other service any of our material, content or intellectual property;
- use meta tags or code or other devices containing any reference to IAP or the Services (or any Trademark of IAP) to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so;
- use or develop any third-party applications that interact with the Services;
- probe, scan or test the vulnerability of our Services or any system or network;
- encourage or promote any activity that violates this Agreement;
- use the Services for any harmful or nefarious purpose;
- use the Services in order to damage IAP;
- use the Services to spam, solicit money from or defraud any individuals;
- impersonate any person or entity or post any images of another person without her or his permission;
- post any User Materials that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
- post any User Materials that is hate speech, threatening, sexually explicit or pornographic;
- post any User Materials that incites violence or contains nudity or graphic or gratuitous violence;
- post any User Materials that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- solicit Passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other individuals or disseminate another individual’s personal information without his or her permission; or
- use another individual’s Accounts or share your Accounts with another individual.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services or any portion thereof, without notice, and to remove any content that does not adhere to the Rules or otherwise violates this Agreement.
8. Fees, Payment and Refunds
As consideration for any purchase you make from IAP, you shall pay IAP all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provide to us for the full payment of the fees and any applicable taxes, and you hereby consent to the same. You also consent to automatically billing of your payment method for any payment plans or automatically renewing subscriptions.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Password). You hereby authorize IAP to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.
If you are not satisfied with a Course for any reason, then within 30 days of your purchase of that Course, you may request, and we will grant you, a full refund of all fees paid by you for such Course. In such circumstances, we reserve the right to remove your access to all Materials provided to you in connection with such Course and you will be obligated to return the same to us without making any copies, derivative works or other reproductions thereof. Notwithstanding the foregoing, any and all fees paid by you for a Course shall become non-refundable upon your completion of the final examination for such course, whether or not such examination is completed within 30 days of your purchase of such Course.
Some of IAP’s subscription services terminate upon expiry of the initial subscription term and must be renewed by you if you wish to continue accessing such services. Other subscriptions are automatically renewed until you terminate or cancel the subscription. If you cancel a subscription, then you may use the subscription until the end of the period for which you have already made payment, following which your subscription will automatically terminate. Notwithstanding the termination of the subscription, IAP will retain the full amount of the final payment received from you in respect of such subscription.
9. Third Party Websites
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.
THE WEBSITES AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE MATERIALS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IAP EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NONINFRINGEMENT. IAP MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR MATERIALS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IAP IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT OR USER MATERIALS ON THE WEBSITES.
THE WEBSITES OR MATERIALS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE IAP FROM ANY AND ALL CLAIMS, DEMANDS, AND RIGHTS OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, THAT RELATE TO ANY INTERACTIONS WITH, OR ACTS OR OMISSION OF, THE SERVICES, THE MATERIALS, OR IAP. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IAP WILL IN NO EVENT WHATSOEVER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES, MATERIALS OR THIRD PARTY SITES AND THEIR SERVICES AND PRODUCTS, EVEN IF IAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, THE MATERIALS OR THIRD PARTY SITES AND THEIR PRODUCTS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IAP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICES AND MATERIALS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID IAP IN THE PRIOR 12 MONTHS (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
We reserve the right, in our sole discretion, to deactivate your Account and to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and Materials at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
If you breach Section 4, 5 or 7 of these Terms, then your permission to access and/or use the Services automatically terminates and you must immediately destroy any copies you have made of the Materials.
Sections 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16 and 18 of this Agreement shall survive any termination of this Agreement.
13. Academic Misconduct
IAP reserves the right, at it’s sole discretion, to revoke access to any IAP Services, including but not limited to Courses, Memberships, and Certificates, should IAP find evidence of academic misconduct. IAP reserves the right, at it’s sole discretion, to arbitrate what behaviours will constitute academic misconduct on a case-by-case basis.
14. Dispute Resolution.
Arbitration. You hereby agree that:
- Except for any matter that requires equitable or injunctive relief, all disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) under the Arbitration Act of Alberta. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on you and IAP. The Arbitrator shall be appointed by agreement between the parties, or in default of agreement, the Arbitrator shall be appointed by a judge of the Supreme Court of Alberta, upon the application of you or IAP. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section. The place of the arbitration shall be in Calgary, Alberta.
- THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF.
- No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of you and IAP, pursuant to a court order, or unless required by law. Notwithstanding the foregoing, you and IAP will not be prevented from submitting to a court of law any information needed to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLASS OR COLLECTIVE ACTIONS CAN BE ASSERTED IN ARBITRATION OR OTHERWISE. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING. YOU HEREBY WAIVE ANY RIGHTS TO TRIAL BY JURY OR TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY AND ALL CLAIMS BETWEEN YOU AND IAP.
Limitation Period. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Governing Law.
This Agreement shall be construed and governed exclusively by the laws in force in Alberta and the laws of Canada applicable therein. For users residing anywhere where the arbitration procedures set forth in Section 12 are prohibited by law, the laws in force in Alberta and the laws of Canada applicable therein will apply to any disputes arising out of or relating to this Agreement or the Services.
All claims arising out of or relating to this Agreement, to the Services, or to your relationship with IAP that cannot be submitted to arbitration in accordance with Section 12 will be litigated exclusively in the courts of Calgary, Alberta (and the Supreme Court of Canada, if necessary). You and IAP consent to the exercise of personal jurisdiction of courts in Calgary, Alberta and waive any claim that such courts constitute an inconvenient forum.
17. Indemnity by You.
YOU AGREE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS IAP, OUR AFFILIATES, AND THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES, INCLUDING LEGAL FEES DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO (i) YOUR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITES, OTHER SERVICES OR MATERIALS, OR (iii) YOUR BREACH OF THIS AGREEMENT.
18. Entire Agreement; Other.
This Agreement, and any terms disclosed and agreed to by you if you purchase additional features, products or services from us, contains the entire agreement between you and IAP regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of IAP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Account is non-transferable and all of your rights to your Account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind IAP in any manner.
19. Final Terms
All rights not granted to you are reserved by IAP.
All intellectual property in the Materials and Services is owned by IAP.
This Agreement is the final, complete and exclusive agreement between you and IAP and supersedes all prior agreements between us.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our consent. We may assign the Agreement without restriction in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.