Terms of Use & Waiver and Release

Effective Date: May 31, 2024

The Certified Plantscape Technician Online Course website is operated by I-Plants Magazine. I-Plants Magazine ("I-Plants", “we”, “us”, or “our”) value your interest in the interior landscaping industry, our services and your commitment to the I-Plants community. References to “you” and “your” are references to you as the visitor and user of our Website.

Acceptance of the Terms of Use

The following terms of use (“Terms of Use”) govern your use of our Website, https://iplantsmagazine.com/. Please review these Terms of Use carefully before using the Website. When you access our Website, you are entering into a contract with us and you agree to be bound by these Terms of Use. If you do not agree to be bound by and comply with these Terms of Use, you are prohibited from accessing or using the Website or registering or subscribing for our products and services.

We also reserve the right to deny you access to or use of the Website if we have reason to believe that you do not comply with these Terms of Use.

Changes

I-Plants reserves the right to change these Terms of Use at any time. We will notify you of any changes by posting an updated version of the Terms of Use on this Website with an effective date notation. It is your responsibility to regularly review these Terms of Use. If you use the Website after we make any changes, it means you have accepted the changes and that you agree to be bound by the Terms of Use as modified.

I-Plants reserves the right to modify or discontinue, either temporarily or permanently, the Website including any products, goods or services contained on or referenced on our Website, with or without notice and without any liability.

Age of Majority Required

By accessing this Website and accepting these Terms of Use, you represent and warrant to us, intending that we rely on same, that as the user of our Website, you are of the age of majority in your jurisdiction.  

Use of Third Party Service Providers

I-Plants reserves the right to use third party service providers to carry out its services, events, activities or undertakings, in its discretion and without notice, as determined by I-Plants from time to time.  Third party service providers may be located outside of your jurisdiction of residence and services may be subject to third party terms and conditions.   For all third party sites and services, we recommend that you carefully review third party terms and policies.

Linking to I-Plants

You cannot link, make reference to, use, reproduce, republish or re-disseminate any content on our Website including any of I-Plants' trademarks without our prior written consent.

Registration, User Account and Waiver

Registration into any of our services, programs, classes and/or courses (each a "registrant") is required for participants to be registered to participate in I-Plants services, programs, classes and/or courses.  Registrants must be of the age of majority and provide certain required information to I-Plants to complete registration information requirements both concerning himself/herself/themselves and concerning any participants registered by the registrant.  

By accessing or using the Website, you represent and warrant to us that you:

In connection with any account that you establish, you will be solely responsible for creating a unique username and a strong password to safeguard your I-Plants online account. You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer or device. You agree to notify I-Plants immediately if the confidentiality of your account or password has been compromised or if you suspect it has been compromised.  I-Plants has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard. I-Plants is not under any obligation to verify the actual identity or authority of any user of a password and login name. I-Plants may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages, loss, costs and/or expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur using your I-Plants online account.

In consideration of your use of the Website and any registration for or subscription for our services, programs, classes and/or courses, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any registration form, and (ii) use your account only for its intended purposes, and (iii) not to allow third party access to or transfer ownership of your account. 

If you provide any information that is untrue, inaccurate, not current or incomplete about yourself, your team, parents, participants or others, or if you allow third party access to or transfer ownership of your account, I-Plants has the right to suspend or terminate your account and refuse any and all current or future use of the Website and our services.

In order to keep you updated about important changes to these Terms of Use, our Privacy Policy and concerning any of our services for which you subscribe, I-Plants may send email communications related to your account or any events for which you have registered/registered a participant.  

You are responsible for managing your privacy and email settings as they relate to your interactions with I-Plants to ensure that you receive our messages. You can update your personal information and email settings (such as marketing subscriptions) concerning your I-Plants account at any time by signing into your account and editing your information and preferences or by unsubscribing for a particular service (subject to contractual or legal restrictions).

Intellectual Property

I-Plants trademarks, domain names and content displayed on our Website (collectively, the "I-Plants Trademarks") are either registered or common law trademarks of I-Plants. Other trademarks, design marks, product names, company names or logos appearing on team jerseys or event locations or otherwise are trademarks of their respective owners. 

Nothing contained on the Website or at any event or activity location should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the I-Plants Trademarks, except with the express written consent of the trademark owner.

Access to I-Plants venues, activities or events does not confer and shall not be considered as conferring upon you any license under any of I-Plants' or any third party's intellectual property rights.

No I-Plants Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, scraped, mirrored, data-mined, or sold in any form or by any means, in whole or in part, without I-Plants' prior written consent. Subject to these Terms of Use, you are granted a limited license to access the Website solely for your personal, non-commercial use.  You are prohibited from removing, amending or obscuring any intellectual property or other proprietary notices. You may not upload or republish Website content. 

Limitations of Use

You may not access or use the Website for any purpose that is unlawful or that is prohibited by these Terms of Use. You may only access or use the Website to determine the availability of, register for and to participate in and support I-Plants activities, events and undertakings. Use of the Website for any other purpose, including any commercial use or other purpose, is expressly prohibited.

In addition to the foregoing, you also agree that, in accessing or using the Website, you will not commit or participate in any of the following acts or actions, each of which is expressly prohibited under these Terms of Use:

Disclaimer of Warranties

WE PROVIDE THE WEBSITE, ITS CONTENT AND OUR SERVICES TO YOU “AS IS” AND “AS AVAILABLE”.  WE TRY TO KEEP THE WEBSITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 

Limitation of Liability

IN NO EVENT SHALL I-PLANTS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF, THE DELAY OR THE INABILITY TO USE, THE WEBSITE OR ANY I-PLANTS CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NON DELIVERY OF NOTIFICATIONS, EMAIL OR TEXT MESSAGES, COMPUTER VIRUS AND OTHER DAMAGE TO YOUR MOBILE DEVICE, COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, EVEN IF I-PLANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PARTICULAR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

As a condition of you accessing or using the Website, you agree to defend, indemnify and hold harmless I-Plants, its affiliates and their respective directors, officers, employees, agents, contractors or representatives from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including legal fees) arising out of, or resulting from or otherwise connected with: (a) your use of the I-Plants Website or our services, (b) your participation in or attendance at I-Plants services, events, programs, classes, courses and/or undertakings, (c) any information, including personal information, you supply to us either on your behalf or on behalf of a third party, or (d) a breach of these Terms of Use.

Links to Other Websites and Services

The Website may include links to other internet websites maintained by third parties ("Linked Sites"). I-Plants provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply approval or endorsement by of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the I-Plants Website. Linked Sites are not under the control of I-Plants and I-Plants is not responsible for the contents of any Linked Sites. Any transaction between you and the Linked Sites are directly with the Linked Sites and I-Plants shall not be held responsible for any resulting loss or damage.

Privacy Policy and Additional Policies We May Establish

I-Plants is committed to your right to privacy and we have established the I-Plants Privacy Policy to set out the manner in which we collect, use, disclose or administer personal information.  

I-Plants may establish additional policies concerning its business and practices from time to time and which shall be binding on the parties.  We shall provide notice to you of additional policies that are binding on you by posting a notice on our website.  It is your obligation to review our website periodically to ensure you are aware of our policies and your obligations.

Entire Agreement

Subject to any other applicable agreement you may have entered into with us, these Terms of Use, our Privacy Policy and any other notices or statements posted on the Website constitute the entire agreement between you and I-Plants with respect to the use of the Website.

Waiver

Any failure, delay or omission by I-Plants to enforce or exercise any of its rights under the Terms of Use does not constitute a waiver of same.

Severability and Assignment

If any provision of these Terms of Use are deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Your obligations under these Terms of Use may not be assigned.

Governing Law

Services offered by I-Plants Magazine are provided by I-Plants Magazine, and the governing law for those Services and these Terms of Use as it applies thereto are the laws of the Province of Manitoba and the laws of Canada applicable therein.    

For Services provided in Canada or the United States, the parties irrevocably attorn to the exclusive jurisdiction of the Courts of Manitoba, Canada.

English Language

It is the express wish of the parties that these Terms of Use be drafted in English. 

Contact Us

[email protected] 

CPT-I Certification Course - WAIVER AND RELEASE

By registering myself for this Air Strength Corporation o/a I-Plants Magazine event, course or class (the “Course”), I hereby acknowledge and agree to the following:

I ACKNOWLEDGE THAT THESE TERMS, CONDITIONS, WAIVER AND RELEASE ARE ENTERED INTO BY ME ON MY OWN BEHALF AND FORM A LEGALLY BINDING AGREEMENT BETWEEN ME AND AIR STRENGTH CORPORATION O/A I-PLANTS MAGAZINE  (“I-PLANTS”) AND ARE INTENDED TO BE RELIED UPON BY SUCH PARTIES.  THESE TERMS, CONDITIONS WAIVER AND RELEASE WILL BE BINDING ON MYSELF AND MY RESPECTIVE HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.

I UNDERSTAND THAT MY PARTICIPATION IN THE COURSE IS VOLUNTARY AND THAT THIS WAIVER AND RELEASE IS A CONDITION OF PARTICIPATING IN THE COURSE AND MUST BE REVIEWED AND COMPLETED AT THE TIME OF REGISTRATION.  

WAIVER AND RELEASE

I acknowledge that I am signing the FOREGOING WAIVER AND RELEASE freely and voluntarily, and intend by my AGREEMENT below to be a complete and unconditional release of all liability to the FULLEST extent allowed by law.  

I agree that Air Strength Corporation o/a I-Plants Magazine, and its respective owners, agents, servants and employees (collectively, the “I-Plants Parties”) shall not be liable to me for any damage however caused, resulting from my participation in the Course, whether incurred before, during or after the Course or otherwise in or about the premises or other locations relevant to the Course.  I further agree that the I-Plants Parties provide no representations and/or warranties regarding any certificates, qualifications or recognitions (collectively, the "Accreditations") from the completion of the Course.  The I-Plants Parties cannot guarantee that any government authorities or other jurisdictions, businesses or citizens will recognize, validate or certify the Accreditations in completing any interior landscaping or other work or services performed relating to the Accreditations earned through the completion of the Course.  To the fullest extent permitted by law, I hereby forever waive, discharge and release the I-Plants Parties, and agree to hold them harmless, from all actions, claims, liabilities and demands of any kind that I may have for any such damages, losses and/or claims. 

 

Please contact us if you have any questions or require assistance.