Acceptance of Terms of Use
World ICU owns and operates UTRAC (Using Technology to Recognize and Award Competence).
This Terms of Use Agreement states the terms and conditions under which you may access and use UTRAC and services.
By accessing and using all or part of what World ICU has to offer, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access UTRAC or use World ICU's services.
If you have any questions or wish to discuss the terms, conditions, rules, policies, guidelines or practices of World ICU, please contact the System Administrator immediately at 403-337-8057.
World ICU may revise this Agreement at any time by updating this posting. Use of UTRAC and access to services after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
Disclaimer of Warranties
UTRAC and all content, and all World ICU services are provided as is. By accessing and using UTRAC and/or services you acknowledge and agree that use of UTRAC and services are entirely at your own risk.
UTRAC is the platform for content to be delivered and tracked. World ICU will make every reasonable effort to ensure accuracy, completeness, reliability, suitability and timeliness, however, does not guarantee any of the above
World ICU does not guarantee the operation of UTRAC will be uninterrupted or error free.
World ICU will make reasonable effort to keep UTRAC clean from viruses or harmful components
Communications to or from UTRAC are encrypted, however there is no guarantee that the encryption will not be decoded by a third party.
Resources
UTRAC and complementary services contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by World ICU of the contents of such third-party web sites.
World ICU is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation, any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on any third-party web site.
Ownership
The process and all supporting documents used by UTRAC including the self-assessment questions, the validation process and questions are the sole property of World ICU.
The personal information of all users including contact information, education, employment, accomplishments, time sensitive information and designations belong to the user but may be accessed by a designated employer or certifying body administrators. The results of all self-assessed and validated competencies also belong to the individual user. The individual user will continue to have access to their record as long as appropriate fees are paid. When the individual chooses to inactivate their record, or is remiss in payment of fees, their data will be archived and not available to anyone except for World ICU database managers. Upon written or electronic request and payment of applicable fees and taxes the user's information will be reinstated.
All profiles (grouping of competencies) belong to the organization that developed the profiles. However, the competencies that make up the profiles which are not customized to client specific equipment or processes, remain on UTRAC even if the developer of the competencies is no longer using the system.
All company resources belong solely to the company providing the resources, and access to these resources will be controlled by the owner of the resources.
All materials displayed or otherwise accessible through UTRAC, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, competencies, profiles, exam questions, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned as described above, its licensors or the party accredited as the provider of the Content. In addition, UTRAC is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through UTRAC.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF World ICU.
Limitation of Liability
Subject to applicable law, in no event shall World ICU, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if World ICU knew of or ought to have known of the possibility of such damages, which includes inappropriate protection of login information or password by the user.
World ICU expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the web site or any advertiser or sponsor of UTRAC (collectively, third-party user).
Under no circumstances shall World ICU and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from the acts, omissions or conduct of any third-party service providers, such as validators, integrators or content providers.
If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to UTRAC, you do so entirely at your own risk.
You hereby release World ICU and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the web site or by third parties through the web site.
Software Licenses and Ownership
Except to the extent expressly permitted in this Agreement, you may not:
(i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part;
(ii) sell, rent, lease, license, transfer or otherwise provide access to the Software;
(iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or
(iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the web site or made available for download from the web site, including, but not limited to, any intellectual property rights in the Software.
Online Commerce
World ICU online commerce services are provided by a third party and no credit card information is stored on any World ICU servers.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. World ICU, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability.
The sale of the Wares and Services is void where prohibited by law.
World ICU, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason.
World ICU may allow you to purchase many different types of Wares and Services online that are provided by third parties (the Third-Party Merchandise). World ICU is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the web site or linked from the web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by World ICU.
You release World ICU and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available from World ICU or by third-party web sites linked with World ICU.
Registration
To use certain features of UTRAC, you may be asked to register. You agree
(i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and
(ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete.
If World ICU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, World ICU has the right to suspend or terminate your access to UTRAC and services (or any portion thereof).
World ICU's use of any personally identifying information you provide as part of the registration process is governed by the terms of World ICU's Privacy Policy.
Termination
World ICU may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use UTRAC and/or services.
World ICU may also terminate your right to access and use UTRAC, or any part of UTRAC and/or services, if you breach any term or condition of this Agreement
Trademarks
UTRAC, World ICU, and Validator, are official marks or trademarks of World ICU.
While certain trademarks of third parties may be used by World ICU under license, the display of third-party trademarks on UTRAC should not be taken to imply any relationship or license between World ICU and the owner of said trademark or to imply that World ICU endorses the wares, services or business of the owner of said trademark.
Nothing contained on UTRAC should be construed as granting you any license or right to use any trademark logo or design of World ICU or any third party, without the written permission of World ICU or the respective owner of any third-party trademark.
No Advice
The information contained on UTRAC is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The information may be used to help users and managers make decisions, but the decision made is entirely the responsibility of the decision maker, and the information provided by World ICU, any World ICU directors, employees, contractors, clients will not be liable for the decisions made using such information.
Passwords
To use certain features of UTRAC and services, you may also need a username and password, which you will receive through the UTRAC registration process.
You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account.
You agree to notify World ICU immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
World ICU cannot and will not be liable for any loss or damage arising from World ICU's failure or your failure to protect your password or account information.
Governing Law and Jurisdiction
UTRAC (excluding linked web sites) and all services are controlled by World ICU from its offices within the Province of Alberta, Canada.
By accessing or using UTRAC and services, you agree that all matters relating to your access to, or use of, UTRAC, services and/or the Content shall be governed by the laws of the Province of Alberta and the laws of Canada, without regard to the conflict of laws principles thereof.
You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Alberta with respect to such matters.