1. INTRODUCTION AND OVERVIEW
2. DESCRIPTION OF SERVICES
   • A. ASSOCIATIONS, COLLEGES AND UNIVERSITIES
   • B. CORPORATE
3. ACCESS TO COHATRAINING.COM
4. SOFTWARE
5. CONTENT
6. TERMINATION
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8. LINKS
9. TRADEMARK AND LOGO POLICY
10. TRADEMARK NOTICE
11. INDEMNITY
12. NO AGENCY OR PARTNERSHIP
13. GENERAL
14. SURVIVAL OF TERMINATION
15. BILLING POLICIES
16. STUDENT’S USE AGREEMENT

TERMS OF USE
This Terms of Use Agreement should be read together with the Company’s Privacy Policy, which forms a part of this policy. Since COHAtraining reserves the right in its sole discretion to modify this Terms of Use Agreement at anytime, we encourage you to refer to this policy and the Privacy Policy on a frequent basis so that you understand our policies then in effect.

1. INTRODUCTION AND OVERVIEW
   

   Please read and review carefully these terms, conditions and notices (the "Agreement"), which govern use of COHAtraining’s website. Your use of the Site and any of the services offered constitutes your binding consent to all such terms, conditions, and notices. The Agreement enables the owner of the Site, Linkonlearning Inc. (hereinafter "COHAtraining"), to offer our services.
   
   As used in this Agreement, "you" means the natural person who is interacting with the Site’s registration process and clicks "I accept" or the person who is browsing this Site as an unregistered user. When you click on the "I agree" button on the user registration, you are entering into a legal contract with COHAtraining in which you agree (and, if you are a teacher or instructor, media specialist or other authorized school representative, company representative entering this Agreement on behalf of your school, institution, company or government, or other organization, herein referred to as “the organization”, the organization also agrees) to abide by this Agreement in all respects and to become a "Registered User". If you do not agree to be bound by this Agreement, you are prohibited from registering for or using any services of the Site.
   
   This Agreement applies to all uses of the Site, including, but not limited to the following: using lessons or instruction pages, participating in chat rooms, online forums, bulletin boards, or using email, search engines, subscription services, or other services offered on the Site (the "Services"). The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.

2. DESCRIPTION OF SERVICES
   

   COHAtraining provides the COHAtraining.com World Wide Web site for educational and informational purposes to various markets utilizing separate proprietary online learning environments owned by Linkonlearning Inc.

   • A. ASSOCIATIONS, COLLEGES AND UNIVERSITIES
     COHAtraining provides curriculum and training tools such as e-text, traditional text books, online instruction consisting of online instruction pages, lessons and tests. Students also have access to COHAtraining’s other Services which consist of Chat, Video Conferencing, Threaded Discussions, Online Instructor and Real-Time Teacher Support. The subscription fee is based on the number of students enrolled and the number of courses they are enrolled in.
     
     You will also receive a username and password. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@cohatraining.com.
     
     
   • B. CORPORATE
   COHAtraining provides curriculum and training tools such as e-text, traditional text books, online instruction consisting of online instruction pages, lessons and tests. Students also have access to COHAtraining’s other Services which consist of Chat, Video Conferencing, Threaded Discussions, Online Instructor and Real-Time Teacher Support. The subscription fee is based on the number of students enrolled and the number of courses they are enrolled in.
   
   You will also receive a username and password. These are unique and provide and maintain a secure environment for you as a user. These are under your control and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@cohatraining.com.
   
   
3. ACCESS TO COHATRAINING.COM
   COHAtraining grants you a limited non-transferable right to access the non-subscription area of COHAtraining.com at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing COHAtraining.com and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing COHAtraining.com and COHAtraining shall not be responsible for any of these charges or equipment.
   
   
4. SOFTWARE
   Any program accessible from COHAtraining.com or any software available for download from COHAtraining.com is owned by Linkonlearning Inc. or other third party provider, and all copyright rights therein are reserved. You agree that you will not download or copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.
   
   
5. CONTENT
   You agree to access and use COHAtraining.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of COHAtraining.com including any interactive area. By accessing COHAtraining.com you agree that you will not:
   
   (i) post or use COHAtraining.com to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, province, federal or international law or regulation, including, but not limited to, export control laws and regulations;
   
   (ii) post or transmit any unlawful, infringing, threatening, libellous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content;
   
   (iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access COHAtraining.com;
   
   (iv) disrupt the normal flow of communication in any Interactive Area;
   
   (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
   
   (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users;
   
   (vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights;
   
   (viii) be false, inaccurate or misleading; or
   
   (ix) otherwise create any liability on COHAtraining’s behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify COHAtraining and Linkonlearning Inc. for any knowing or unknowing breach of this paragraph.
   
   
6. TERMINATION
   The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of COHAtraining in operating COHAtraining.com or any content, is for you to discontinue accessing COHAtraining.com. COHAtraining in its sole discretion may terminate or temporarily suspend your access to all or any part of COHAtraining.com without notice, for conduct that COHAtraining believes is a violation of this Agreement or any policies or guidelines posted by COHAtraining, or for other conduct, which COHAtraining believes is harmful to other users. COHAtraining may discontinue operating COHAtraining.com and terminate this Agreement without notice at any time for any reason in its sole discretion.
   
   
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
   You expressly agree that use of the Site and the Services is at your sole risk. Disclaimer of warranty applies in all provinces, states and jurisdictions in which such terms are valid and enforceable. COHAtraining and Linkonlearning Inc. are not responsible for any information or content contained within interactive areas and makes no representations about the suitability of the information contained in the interactive areas for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or correctness.
   
   You agree that your use of COHAtraining including any interactive areas is at your own risk, neither COHAtraining or Linkonlearning Inc. nor its officers, directors, employees, affiliates, or agents warrant that COHAtraining.com will not be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of COHAtraining.com or as to the accuracy, reliability, or content of COHAtraining.com.
   
   COHAtraining.com is provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
   
   In no event will COHAtraining or Linkonlearning Inc. or its directors, officers, employees, affiliates or agents be liable to you or any third party for any incidental, indirect, special or consequential damages (even if COHAtraining.com has been advised of the possibility of such damages), arising out of your use of or inability to use COHAtraining.com including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to COHAtraining records, programs, or services. Because some provinces/states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces/states COHAtraining liability is limited to the greatest extent permitted in this section.
   
   Under no circumstances, including, but not limited to, negligence, shall COHAtraining (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Site, the Site itself, or the Services. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that COHAtraining (any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of COHAtraining (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees and agents)) to you exceed the amount paid by you to COHAtraining during the twelve (12) months prior to any claim of injury or damage.
   
   No Guarantee of Continuous Operation
   COHAtraining will use commercially reasonable efforts to maintain the security and operational integrity of the Site. However, numerous factors outside the control of COHAtraining may interfere with the operation of the Site; and accordingly, COHAtraining does not guarantee continuous, or uninterrupted access to the Services.
   
   Release from Liability
   You agree to release COHAtraining, Linkonlearning Inc. and its officers, directors and employees from any and all claims, demands and damages (whether actual and/or consequential) resulting from or associated in any way with any user-supplied content or postings.
   
   Right to Independent Action
   COHAtraining reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of COHAtraining and eliminate or mitigate any potential liability or injury to any party which may arise.
   
   No Waiver
   The failure of COHAtraining to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
   
   Miscellaneous
   You agree that no joint venture, partnership, employment, or agency relationship exists between you and COHAtraining as a result of this Agreement or your use of the Site. COHAtraining’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of COHAtraining’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by COHAtraining with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and COHAtraining with respect to the Site; and the Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and COHAtraining with respect to the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
   
   
8. LINKS
   Some links on COHAtraining.com lead to sites posted by independent site owners. COHAtraining does not review independent sites or control their content, and merely provides these links to visitors for their convenience. Such sites, materials and resources are not under the control of COHAtraining and COHAtraining is not responsible for the contents thereof or any changes or updates thereto and cannot and does not continuously monitor such materials, and makes no representation or warranty as to the appropriateness of any such materials.
   
   These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between COHAtraining.com and the linked sites. COHAtraining is a Linkonlearning Inc. product which is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. COHAtraining shall not be responsible for the actions of the respective owners of these other sites.
   
   For any interested party, COHAtraining grants the right to create links to COHAtraining.com and exterior pages of the website, if such link(s) uses COHAtraining trademarks and/or logos in accordance with the below terms and conditions of the Trademark and Logo Policy.
   
   
9. TRADEMARK AND LOGO POLICY
   The COHA GreenTECHCertified trademarks and logos are property of the Canadian Oil Heat Association (COHA). Reproduction of the respected trademarks and logos are strictly prohibited without express written consent COHA.
   
   COHAtraining trademarks and logos are the property of COHAtraining. License for their use is granted for the sole purpose of promoting COHAtraining.com and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way COHAtraining marks. Licensees shall not reproduce, use, or authorize the reproduction or use of COHAtraining’s marks in any manner other than expressly authorized by COHAtraining. COHAtraining marks may not be combined with those of another company. Any use of the COHAtraining marks that implies a relationship with or endorsement by COHAtraining is strictly prohibited. COHAtraining has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of COHAtraining marks. The following statement must accompany the use of COHAtraining trademarks and logos: “is a registered trademark or trademark of COHAtraining.”
   
   
10. TRADEMARK NOTICE
    COHAtraining’s trademarks and logos are owned by COHAtraining. All other trademarks and logos used on COHAtraining.com are the trademarks and logos of their respective owners.
    
    
11. INDEMNITY
    You hereby agree to, at your own expense, indemnify, defend and hold COHAtraining harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to the following: (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by user; (b) any fraud, manipulation, or other breach of this agreement by a user or users; and/or (c) any third-party claim, action or allegation brought against COHAtraining or related company arising out of or related to the use of COHAtraining.com. COHAtraining will have the right to participate in its defence and hire counsel of its choice, at your expense. User will not settle any action or claims on COHAtraining’s behalf without the prior written consent of COHAtraining.
    
    
12. NO AGENCY OR PARTNERSHIP
    No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind COHAtraining in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.
    
    
13. GENERAL
    By using COHAtraining.com you agree to the above stated terms of use. This Agreement is entered into in the Province of Ontario and shall be construed in accordance with the laws of Ontario, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the province and federal courts having jurisdiction in the City of Newmarket in the Province of Ontario, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if COHAtraining prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. COHAtraining may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.
    
    
14. SURVIVAL OF TERMINATION
    Paragraphs 1-3 and 5-12 shall survive the termination or expiration of this Agreement. Copyright© 2009 – 2010 COHAtraining. All Rights Reserved. Terms of Use are strictly enforced.
    
    
15. BILLING POLICIES
    COHAtraining will bill your credit card for or provide an invoice for each student you register to use curriculum and training tools by Linkonlearning Inc. Billing will appear on credit card statements from Linkonlearning.
    
    Your right to use COHAtraining is subject to COHAtraining receiving payment. If payment is not received by COHAtraining for any reason, COHAtraining reserves the right to suspend or terminate your access.
    
    A non-refundable $35 registration fee is included in all pricing. Pricing does not include sales tax.
    
    Cancellation by email to subscription@cohatraining.com which includes the following information: “Cancel service for (full name of student(s)) at (full address used in account information)”. Alternatively you can call 905-895-9493 or 888-215-3909 Canada for assistance; however cancellations must still be done in writing. Cancellations by regular post should be mailed to 470 Alex Doner Drive, Newmarket, Ontario L3X 1C2 and should also include the following information: “Cancel service for (full name of student)”.
    
    
16. STUDENT’S USE AGREEMENT
    As a member of COHAtraining’s student community, COHAtraining requires that students comply with the following rules and safety precautions:
    
    1. Students will not give out personal information such as their address, telephone number, work address / telephone number, or the name and location of their company or worksite without their company’s permission.
    
    2. Students agree to tell COHAtraining right away if they come across any information that makes them uncomfortable.
    
    3. Students agree to not meet in person someone they “meet” online without first obtaining permission from their company. If the company agrees to their students meeting in person an online acquaintance, as a safety precaution, that meeting will occur in a public place. COHAtraining does not recommend meeting online acquaintances as it poses potential danger to both minors and adults.
    
    4. All communication should be performed through secure means provided by COHAtraining.
    
    5. Students will not respond to any messages that are mean-spirited or make them feel uncomfortable in any way. If they do receive such a message, they will show and/or tell COHAtraining.
    
    6. Students will not give out their Internet password to anyone.
    
    7. Students will be good online citizens and not engage in behaviours or post comments that are mean-spirited or illegal or that can be construed as hurtful or harmful to another.
    
    8. Students will not respond to demeaning messages or messages that make them feel uncomfortable in any way. If they receive such messages, they will contact COHAtraining.