Legal Notice
PHASEX INC.
TERMS OF USE
These Terms of Use contain the terms and conditions governing this site, phasexnde.com (hereinafter, the Site), property of Phasex inc. (hereinafter Phasex).
The content of the Site is made available to you for your personal use only. By accessing or using the Site, you expressly accept and agree to abide by all the terms and conditions contained in these Terms of Use and applicable laws. Do not use the Site if you do not accept and agree to these terms and conditions.
Description of Services
The Site provides Phasex’s PAUT training, an online preparatory course related to the certification of the American Society for Nondestructive Testing, Inc. (ASNT). ASNT is the world's largest technical society for nondestructive testing professionals and the ASNT certification is the standard for the nondestructive testing industry.
Phasex’s PAUT training is a preparatory course for the ASNT certification and does not replace the ASNT official training provided by an ASNT Level III professional in order to obtain the ASNT certification.
Accounts and Passwords
To access and use certain features of the Site, you will need to create an account. As part of the process to create, register and maintain your account you must provide Phasex with certain current, complete, and accurate registration information, including without limitation your e-mail address, your name, your company’s name (if applicable), your address, your telephone number, and other data or information that has been requested by Phasex during the account registration or renewal process (hereinafter Registration Data). Registration Data and your personal information will be used by Phasex solely in accordance with these Terms of Use. Phasex will not sell, trade, or otherwise transfer to outside parties your personally identifiable information. That does not include trusted third parties who assist Phasex in operating the Site, conducting his business, or serving you, so long as those parties agree to keep this information confidential. Phasex may also release your information, when Phasex believes releasing is appropriate to comply with the law or protect Phasex’s rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Site: and (c) be responsible for all activities that occur under such password or account. Further, you agree to immediately notify Phasex of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account.
You represent and warrant to Phasex that you are at least eighteen (18) years of age and that you have the full, unrestricted right and authority and have been fully authorized to provide to Phasex any and all Registration Data (including any of your personal information) for the purposes of these Terms of Use and Phasex is authorized and permitted to use such data as and to the extent provided in these Terms of Use. The Site is not intended to be used by, and is not marketed or directed towards, children or any person under the age of 18. To use and access the Site you must be at least eighteen (18) years of age.
Price and Payment
The base price for Phasex’s PAUT training for one user licence is 1 450 CAD plus the applicable taxes. This license if for personal use only and cannot be transferred.
Phasex uses Desjardins credit cards services as the only payment method to complete a transaction via the Site.
Acceptable Use
You agree that when using the Site you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Site; (d) use the Site to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Site or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Site to harvest addresses, send spam or otherwise breach these Terms of Use; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Site or for any other purpose in connection with your access to and use of the Site; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Site or to shut down, overload or overwhelm the Site; or (k) copy, republish or redistribute any part of the Site, including by caching, framing or similar means, without the prior written consent of Phasex.
Intellectual Property
Phasex owns the Site and owns or has rights to use all of the wallpaper, icons, characters, artwork, images, graphics, music, video, text, software and other content of the Site (the Content), and all HTML designs, layouts, configurations, Common Gateway Interface and other code and scripts in any format used to implement the Site (the Code). The Content and Code of the Site are protected by copyright. Except for your personal, non-commercial use, you may not copy, distribute, modify, upload, download, transmit, re-publish, display or otherwise distribute any Code or Content for public or commercial purposes, without the prior written consent of Phasex or their respective owners.
All names, logos and trade-marks that appear on the Site are the property of Phasex or are used by Phasex under license. You may not use any of the foregoing for any purpose without the prior express written consent of Phasex or from their respective owners. Your failure to comply with these Terms of Use will constitute breach of contract and may be a violation of Phasex's copyright, trade-mark and other proprietary and intellectual property rights.
Copyrights of the materials included in the Site are owned only by Phasex and for which a copyright notice is posted next to such content or materials. None of the materials included in the Site may be reproduced in any form, without the express written permission of Phasex. Except as stated herein, no portion of the materials included in the Site may be reproduced or transmitted in any form, by any means, whether by electronic, mechanical, photocopying, recording or otherwise, without the written permission of Phasex.
No License
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trade-mark, copyright or other intellectual property or proprietary right of Phasex, its affiliates or any third party.
User’s Material
Upon completion of Phasex’s PAUT training, you will have the opportunity to download a document covering all the important points of Phasex’s PAUT training. This document is for personal and non-commercial use only.
Disclaimers of Warranties
PHASEX PUBLISHES INFORMATION ON THE SITE AS A CONVENIENCE TO ITS VISITORS. EXCEPT FOR SECTIONS OF THE SITE WHERE TRAININGS MAY BE PURCHASED, THE CONTENT OF THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WHILE PHASEX ATTEMPTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. PHASEX RESERVES THE RIGHT TO MAKE CORRECTIONS AND CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. THE PHASEX PRODUCTS DESCRIBED IN THE SITE MAY NOT BE AVAILABLE IN YOUR REGION. PHASEX DOES NOT CLAIM THAT THE INFORMATION IN THE SITE IS APPROPRIATE TO YOUR JURISDICTION OR THAT THE TRAININGS DESCRIBED ON THE SITE WILL BE AVAILABLE FOR PURCHASE IN ALL JURISDICTIONS.
VISITORS ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO THEIR USE OF THE SITE. ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND PHASEX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED ON OR VIA THE SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
PHASEX DISCLAIMS ANY DUTY TO UPDATE THE SITE OR MODIFY ITS CONTENT OR CODE, AND PHASEX SHALL NOT BE LIABLE FOR ITS FAILURE TO UPDATE SUCH INFORMATION. PHASEX DOES NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
PHASEX’S PAUT TRAINING IS A PREPARATORY COURSE FOR THE ASNT CERTIFICATION AND DOES NOT REPLACE IN ANY WAY THE ASNT OFFICIAL TRAINING; PROVIDED BY AN ASNT LEVEL III PROFESSIONAL IN ORDER TO OBTAIN THE ASNT CERTIFICATION.
PHASEX DOES NOT GUARANTEE NOR MAKE ANY REPRESENTATION THAT YOU WILL SUCCEED PHASEX’S PAUT TRAINING AND/OR THE ASNT CERTIFICATION.
Limitation of Liability
IN NO EVENT SHALL PHASEX AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE, EVEN IF PHASEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR ITS CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING THE SITE.
FOR GREATER CERTAINTY, BUT WITHOUT LIMITATION WHATSOEVER AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, PHASEX AND ITS AFFILIATES, AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, WILL NOT BE LIABLE, WHETHER TOWARDS YOU OR A THIRD PARTY, FOR CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING:
a) TELECOMMUNICATIONS SYSTEMS BREAKDOWNS, UNDERPERFORMANCE, DELAYS, INTERRUPTIONS IN SERVICE, ELECTRICAL FAILURES AND BLACKOUTS, INCLUDING SUCH FAILURES AND PROBLEMS HAVING A NEGATIVE IMPACT ON THE COMMUNICATION, TRANSMISSION, ACCURACY OR PROMPT RECEPTION OF INFORMATION, MATERIAL, MESSAGES OR INSTRUCTIONS BETWEEN YOU AND PHASEX OR PREVENTING, IN WHOLE OR IN PART, THE TRANSMISSION OF SUCH INFORMATION, MATERIAL, MESSAGES OR INSTRUCTIONS;
b) YOUR INABILITY, AT ANY TIME, TO ACCESS ANY PART OF THE SITE OR ITS CONTENT, OR THE TRAININGS, SERVICES, CONTEST OFFERED ON THE SITE;
c) THE INTERCEPTION, LOSS OR DISCLOSURE OF CONFIDENTIAL OR SENSITIVE INFORMATION COMMUNICATED VIA THE INTERNET, INCLUDING PERSONAL INFORMATION;
d) THE LACK OF RELIABILITY, PROMPT ACCESS OR AVAILABILITY OF THE SITE OR ANY PART OF ITS CONTENT AND THE TRAININGS AND SERVICES OFFERED ON THE SITE; AND
e) THE FAILURE OF PHASEX TO TAKE CORRECTIVE MEASURES.
THE EXCLUSIONS AND LIMITATIONS MENTIONED ABOVE SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, COSTS, OR DAMAGES ARE FOUNDED ON A CONTRACTUAL OR EXTRA-CONTRACTUAL BASIS OR ON ANY OTHER THEORY OF LIABILITY, AND THESE EXCLUSIONS AND LIMITATIONS SHALL APPLY EVEN IF PHASEX IS ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES, COSTS OR DAMAGES.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD PHASEX AND ITS AFFILIATES, AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THE SITE OR THE MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION YOUR VIOLATION OF THESE TERMS OF USE. PHASEX RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH PHASEX IN ASSERTING ANY AVAILABLE DEFENCES.
International Use
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Accessing the Materials on the Site from territories where their contents are illegal is prohibited.
Monitoring
Phasex may monitor the access to the Site and other activities in relation thereto. Phasex may intervene to ensure compliance with these Terms of Use, but makes no representation and gives no warranty as to said monitoring. By using and accessing the Site, you consent to said monitoring should Phasex proceed therewith and to any eventual intervention.
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Phasex reserves the right, in its sole discretion, to terminate these Terms of Use and/or your access to all or part of the Site, with or without notice and for any reason whatsoever. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that Phasex may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to the Site. Phasex shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The sections Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and Governing Laws of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
Links
Links and references to other websites are provided to you as a convenience only. Phasex has not reviewed and does not expressly or implicitly endorse the content of these websites and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon.
Risks Related to the Internet
Communications via the Internet are susceptible to interception, loss or modification. Thus, no personal information should be transmitted by you to Phasex by way of email, unless measures have been taken to ensure the security of the communication. You agree that Phasex and its affiliates, as well as their respective directors, officers, and employees, assume no liability whatsoever towards you or a third party for any injury or damages suffered in relation to an email sent to Phasex or by Phasex on your request. You fully assume the risks associated with such a communication.
Phasex reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.
Modification or Addition
Phasex may at any time revise the terms and conditions contained in these Terms of Use by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Site. Your continued use of the Site after such modification will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
In case of inconsistency between the terms and conditions that are specific to a particular Phasex website or promotion and the general terms and conditions of these Terms of Use, the former should prevail.
No Waiver
No delay or omission by Phasex to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by Phasex.
Governing Law
You acknowledge and agree that your use of the Site, the materials and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Quebec, Canada, and you and Phasex agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. You and Phasex irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Quebec in respect of all matters and disputes arising hereunder. You and Phasex expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and each party hereby waives any right to trial by jury.
Entire Agreement
These Terms of Use constitute the entire agreement and understanding between you and Phasex concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of use may NOT be altered, supplemented, or amended by the use of any other documents, unless otherwise agreed to in a written agreement signed by you and Phasex.
Force majeure
Phases assume no liability for, without limitation, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes commonly referred to as "Acts of God".
Cost and Expenses
Any action to enforce these Terms of Use, the prevailing party will be entitled to costs and expenses, including without limitation, reasonable expert witnesses’ fees, and reasonable attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
No Assignment
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. Phasex may free assign its rights and obligations under these Terms of Use.
Invalidity or Unenforceability
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Contact
Except as explicitly noted on the Site, the services available are offered by Phasex, a Canadian corporation, located at 614 chemin Sainte-Foy, Quebec City, province of Quebec, Canada, G1S 2J5. Our telephone number is +1(581) 999 2885. If you notice that any user is violating these Terms of Use, please contact us at +1 (581) 999 2885.