User Registration

COPYRIGHT AND TRADEMARKS. No material from this Whales in our Waters tutorial may be copied, reproduced, re-published, uploaded, posted, transmitted, or distributed in any way except that you may download one copy of the materials on any single computer for non-commercial, personal, or educational purposes only, provided that you (1) do not modify such information, (2) include both this notice and any copyright notice originally included with such information, and (3) do not redistribute the material. If material is used for other purposes, you must obtain permission from the Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. to use the copyrighted material prior to its use.

All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs and other designations within this Whales in our Waters tutorial are registered and unregistered trademarks (or, in some cases, official marks) of Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. and, in some cases, other parties. Nothing contained on this Whales in our Waters tutorial should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Whales in our Waters tutorial without the written permission of its owner. Unauthorized use of any trademark, or any other content owned by Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. in this Whales in our Waters tutorial is strictly prohibited.

LINKS TO OTHER SITES. From time to time this Whales in our Waters tutorial may provide hypertext links to other worldwide websites not maintained by or related to Vancouver Fraser Port Authority or British Columbia Ferry Services Inc. These hypertext-linked sites are entirely independent of this Whales in our Waters tutorial and shall not in any manner be construed as having any affiliation with or endorsement, representation or warranty by Vancouver Fraser Port Authority or British Columbia Ferry Services Inc. of such site or entity or its respective products, services, information, materials, opinions or links to other sites. Neither Vancouver Fraser Port Authority nor British Columbia Ferry Services Inc. reviews or monitors such websites and are not responsible or liable for the content or accuracy thereof. The reproduction and use of any content linked to is subject to the conditions that the respective website owners may impose, and is at your own risk. You are encouraged and advised to review the posted terms and conditions of all websites you visit.

NO ENDORSEMENT OF THIRD PARTY BUSINESSES OR SERVICES. The information provided on this Whales in our Waters tutorial is for information and reference only. Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. do not provide any endorsement or recommendation of any third party’s facility, business or event identified on this Whales in our Waters tutorial or make any claims, representations or warranties as to their reliability, financial condition or suitability for a particular purpose.

DISCLAIMER OF WARRANTIES. Use of the Whales in our Waters tutorial is entirely at your own risk and the program and its contents are PROVIDED “AS IS” AND “WHERE IS”. Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. make no warranty whatsoever with respect to the completeness, accuracy or reliability of the content of the Whales in our Waters tutorial, including any (a) warranty or condition of merchantability; or (b) warranty or condition of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.

RELEASE. In consideration of Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. permitting you to use and participate in the use of the Whales in our Waters tutorial and other good and valuable consideration now paid by Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. to you, you hereby release, remise and forever discharge Vancouver Fraser Port Authority and British Columbia Ferry Services and their respective directors, officers, employees, agents, contractors or representatives, for myself and my heirs, executors, administrators, successors and assigns, of and from all claims of whatsoever nature or kind for any injury (including injury resulting in death), loss, damage or costs which you may incur from my use or participation in the use of the Whales in our Waters tutorial, notwithstanding that such injury, loss, damage or costs may be caused or contributed to by the negligence of the Vancouver Fraser Port Authority, British Columbia Ferry Services Inc. or or their respective directors, officer, employees, agents, contractors, successors, assigns or affiliates.

INDEMNITY. You shall defend, indemnify and hold harmless Vancouver Fraser Port Authority, British Columbia Ferry Services Inc. and their respective directors, officers, employees, agents, contractors, successors, assigns or affiliates against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind,
including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from my use or participation in the use of the Whales in our Waters tutorial.

LIMITATION OF LIABILITY. In no event shall Vancouver Fraser Port Authority, British Columbia Ferry Services Inc. or their respective directors, officers, employees, agents, contractors, successors, assigns or affiliates be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive, or aggravated damages arising out of, or relating to, and/or in connection with any breach of these terms, regardless of whether such damages were foreseeable, whether or not Vancouver Fraser Port Authority or British Columbia Ferry Services Inc. were advised of the possibility of such damages, and the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Vancouver Fraser Port Authority and British Columbia Ferry Services Inc. assumes no responsibility or liability for any computer, online, software, telephone, hardware or technical malfunctions that may occur or for any injury or damage to any computer related to or resulting from using or participating in the use of the Whales in our Waters tutorial. The sole and entire aggregate liability for Vancouver Fraser Port Authority and British Columbia Ferry Services Inc., for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the use of the Whales in
our Waters tutorial or fifty Canadian dollars ($50.00 CDN), whichever is less.

PERSONAL INFORMATION. Vancouver Fraser Port Authority and its contractor for the Whales in our Waters Tutorial, Pathwise Solutions Inc. are committed to taking reasonable steps to ensure your personal information is safe and secure in compliance with Canadian privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act. Your participation in this
Whales in our Waters tutorial means we collect the personal information about you, including, your name, email address, login password, completion status and date, grade achieved, vessel and operational information, sector and role, country, company or organization name, and your current level of personal knowledge. All of this information is stored on the WPCloud.ca servers by Pathwise Solutions Inc. The WPCloud servers are located in Canada and the site is fully secured with HTTPS to ensure that transactions like registration, user information updates and grade requests are private and encrypted. We collect this information to provide you with an emailed copy of a certificate of achievement for the completion of this Whales in our Waters tutorial, to have a record of your completion of the Whales in our Waters tutorial in case you require the certificate to be reissued in the future, to help us manage our
education and outreach program, to better understand which sectors and companies are completing this tutorial, to provide us with a quantifiable number of persons who have completed the Whales in our Waters tutorial, to evaluate whether the Whales in our Waters tutorial should continue to be posted online and updated in the long-term, to keep a database of user participation and completion scores and to solicit feedback from users on the Whales in our Waters tutorial. Your tutorial score and registration information may be shared with the Enhancing Cetacean Habitat and Observation (ECHO) program working group members in order for them to assess your participation. We may also de-identify, aggregate or anonymize information to identify trends, develop statistical information, and
understand how much uptake the Whales in our Waters tutorial is having, or to develop relevant products. Such information may also be shared with third parties for analytical purposes, understanding participation rates and determining user knowledge but will not personally identify any user and therefore is not subject to this policy. We will only retain your information for as long as necessary to
fulfill the purpose of collecting the information, or for sufficient time to allow you access to the Whales in our Waters tutorial. Once we no longer require your information, it will be destroyed or de-identified. We may use your information to solicit feedback on the Whales in our Waters tutorial or about related services or updates to the Whales in our Waters tutorial that we offer. For any users of the Whales in our Waters Tutorial that are employees of British Columbia Ferry Services Inc.: Your personal information is being collected under section 26 of the Freedom of Information and Protection of Privacy Act and will be used to administer your participation in the SEA (Standardized Education and Assessment) Program. Should you have any questions about the collection of your information, please contact your local training manager.

WAIVER OF INDEPENDENT LEGAL ADVICE. You confirm and acknowledge that you have been given adequate time to obtain such independent legal advice on these terms and conditions prior to accepting them by the “I accept these terms and conditions” button on the Whales in our Waters tutorial, you fully understand these terms and conditions and by accepting these terms and conditions without first obtaining independent legal advice, you waive your right to obtain independent legal advice.

MISCELLANEOUS PROVISIONS. These terms and conditions constitutes the entire agreement of Vancouver Fraser Port Authority, British Columbia Ferry Services Inc. and you with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term
or provision of these terms and conditions is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these terms and conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. These terms and conditions are binding on and shall enure to the benefit of you and your
heirs, executors, administrators, personal representatives, successors and assigns, and Vancouver Fraser Port Authority, British Columbia Ferry Services Inc. and their respective directors, officer, employees, agents, contractors, successors, assigns or affiliates. These terms and conditions shall be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein. Any claim or cause of action arising under these terms and conditions may be brought only in the courts of British Columbia, and you hereby consent to the exclusive jurisdiction of such courts.

ACKNOWLEDGEMENT AND AGREEMENT. You agree and acknowledge that you have read the foregoing, appreciate and understand the meaning and intent of same and agree to be bound by these terms and conditions.