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PENSIVO Compliance College Terms & Conditions and Privacy Statement

Terms and Conditions | Privacy Statement

PENSIVO Compliance College Terms

Introduction

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR FEE-BASED PRODUCTS AND OFFERINGS. By using our PENSIVO Compliance College Website and related online fee-based products or offerings (collectively, our "Fee-Based Products"), you agree to the terms and conditions set forth in this Subscription Agreement (this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. The arrangement between us is also governed by the Terms and Conditions and Any Additional Terms which may be delivered to you prior to your use of either the PENSIVO Compliance College Website and/or Fee-Based Products. By using the PENSIVO Compliance College Website and/or one of the Fee-Based Products after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes. If you do not agree to this Agreement, you should not use our PENSIVO Compliance College Website and/or our Fee-Based Products and you should arrange to cancel your registered user account or subscription with us, as applicable, by notifying us in writing in accordance with this Agreement.

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Scope of Agreement

Unless we indicate otherwise, this Agreement applies to your use of the PENSIVO Compliance College Website and Related Fee-Products which are owned or operated by PENSIVO Inc. either directly or through an alternate service provider (collectively, "we," "us," or "our"), and all of the Fee-Based Products that are offered to you through the PENSIVO Compliance College Website by PENSIVO Inc. currently or in the future.

THE INFORMATION ON THE PENSIVO COMPLIANCE COLLEGE WEBSITE MAY NOT BE ACCURATE AND USEFUL IN RELATION TO ANY BUSINESS ACTIVITY CARRIED ON IN CANADA AND PARTICULARLY OUTSIDE CANADA. For purposes of this Agreement, "affiliates" shall mean any entity or person, directly or indirectly, under common ownership control or management with, PENSIVO Inc..

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Your Use of the PENSIVO Compliance College Website and Our Fee-Based Products

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the PENSIVO Compliance College Website and the material provided hereon, and the Fee-Based Products that you subscribed to, for your personal use, being internal use within your business, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the PENSIVO Compliance College Website and/or our Fee-Based Products. You understand that only you or the specified employees covered by this license may use your user account and password, and that your subscription to our Fee-Based Products is only valid for your personal use and may not be shared with others outside your business or beyond the number of individuals within your business to which the license relates.

By using the PENSIVO Compliance College Website and/or our Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the PENSIVO Compliance College Website (or any part thereof) and/or our Fee-Based Products. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the PENSIVO Compliance College Website or our Fee-Based Products, including, but not limited to, (i) restricting the time the PENSIVO Compliance College Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the PENSIVO Compliance College Website and/or any of our Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, the PENSIVO Compliance College Website and/or our Fee-Based Products may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our PENSIVO Compliance College Website (or part thereof) and/or our Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our PENSIVO Compliance College Website and/or our Fee-Based Products, except for a refund of any fees or charges prepaid by you with respect to our Fee-Based Products in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the PENSIVO Compliance College Website and/or our Fee-Based Products, or any policies or practices by us in providing the PENSIVO Compliance College Website or our Fee-Based Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your subscription or registered user account, as applicable.

From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the PENSIVO Compliance College Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

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Charges and Fees for Fee-Based Products

Use of the PENSIVO Compliance College Website and/or Fee-Based Products by an individual who is an employee of a business, whether incorporated or not, constitutes a contract between us and the business for which they work.

Certain portions, components, content and features of the PENSIVO Compliance College Website are only available to individuals or businesses who purchase a subscription to one of our Fee-Based Products. As a subscriber to one of our Fee-Based Products, you agree as follows:

A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on the PENSIVO Compliance College Website or other means agreed to between us, applicable taxes, and other charges and fees incurred in order to access our Fee-Based Products. The charges and fees on the PENSIVO Compliance College Website are expressed in Canadian dollars and your credit card or other account will be charged in Canadian dollars. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the PENSIVO Compliance College Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. If you purchased a multiple-period prepayment plan or you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period as indicated on the PENSIVO Compliance College Website (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.

B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our PENSIVO Compliance College Website and our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.

C. For purposes of your use of our Fee-Based Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Fee-Based Products ("Subscription Data"), including your legal name, corporate or business name, description of business (including related information on employees and job descriptions), address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account, maintaining user statistics and related information by us or our affiliates and otherwise in accordance with our Privacy Policy, which may be viewed on our website. You agree to maintain and promptly update the Subscription Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our PENSIVO Compliance College Website (or any portion thereof) or any of our Fee-Based Products.

D. You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. You are solely responsible for any and all activities which occur under your user account or subscription. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.

E. Except for multiple-period prepayment plans, if you fail to satisfy limitations we set or if we terminate your subscription to one of our Fee-Based Products prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees may include a Sign Up Fee, a Monthly Fee for any month (or portion thereof) Annual Fee for any year (or portion thereof) elapsed (regardless of whether you logged onto our PENSIVO Compliance College Website or used the Fee-Based Product during that month or year). If we cancel or terminate your subscription to one of our Fee-Based Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee), we will refund any unused portion of such period on a pro rata basis.

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Renewal and Cancellation of Subscription and Access

Unless you or PENSIVO Inc. terminates or cancels your subscription to our Fee-Based Products, your subscription will automatically renew for successive terms. Either you or PENSIVO Inc. may terminate or cancel your subscription to our Fee-Based Products at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of PENSIVO Inc., including our Terms & Conditions and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through the PENSIVO Compliance College Website or any change in content provided through the PENSIVO Compliance College Website or in connection with a Fee-Based Product; (iv) your ability to access and/or use our PENSIVO Compliance College Website or any Fee-Based Product; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Fee-Based Products, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our PENSIVO Compliance College Website (or part thereof) and/or our Fee-Based Products, except as we may otherwise provide from time to time.

Subject to any cancellation policy we may have incorporated into our Agreement or otherwise announced to you in accordance with this Agreement, you can cancel your subscription by contacting us or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact us to have the charges reversed. If you use our Fee-Based Product during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. Where the Fee-Based product in question or other product you are using is in the nature of a course or certification program, you will not be entitled to a refund or right of cancellation after you begin the course or program.

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Availability of Fee-Based Products

The availability and use of our Fee-Based Products may be limited based on criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Fee-Based Products or may terminate your subscription to our Fee-Based Products at any time based on these criteria.

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Privacy and Security

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into this Agreement by this reference.

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Legal Disclaimer

The information provided should not be interpreted as legal advice applicable in the case of your business. Formal issues surrounding compliance can only be addressed by a qualified lawyer or consultant. We do not provide legal advice nor can any interpretation given by us on the PENSIVO Compliance College Website or as part of the Fee-Based Products be considered formal legal advice.

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Restrictions on Use of Materials

You acknowledge that the PENSIVO Compliance College Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, industrial designs, trade-marks, trade secrets and/or other intellectual property or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the "look and feel", selection, co-ordination, arrangement, and enhancement of such Content. All trade-marks appearing on the PENSIVO Compliance College Website are trade-marks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the PENSIVO Compliance College Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. The names “PENSIVO Compliance College” and “Le Collège de la conformité PENSIVO” are registered trademarks specifically owned by PENSIVO, Inc. and you agree to not use any business name or description that conflict with these trademarks.

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Conduct Guidelines for Interaction on PENSIVO Compliance College Website

You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on the PENSIVO Compliance College Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are solely responsible for all Postings that you post, email or otherwise transmit to the PENSIVO Compliance College Website. We do not control the Postings posted, emailed or otherwise transmitted on our PENSIVO Compliance College Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our PENSIVO Compliance College Website, you understand that by using the PENSIVO Compliance College Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the PENSIVO Compliance College Website.

If, at our request or on your own, you send, email, post or otherwise transmit to us or the PENSIVO Compliance College Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

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Links

This Agreement applies only to the PENSIVO Compliance College Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.

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Third Party Products and Services

You may order services, merchandise or other products through our PENSIVO Compliance College Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no representations or warranties whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to transactions with Third Party Sellers.

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Disclaimers of Conditions and Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF CONDITIONS AND WARRANTIES:

THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THE PENSIVO COMPLIANCE COLLEGE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER PENSIVO Inc., ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE PENSIVO COMPLIANCE COLLEGE WEBSITE OR ANY FUNCTION CONTAINED IN THE PENSIVO COMPLIANCE COLLEGE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PENSIVO COMPLIANCE COLLEGE WEBSITE OR THE SERVERS THAT MAKE THE PENSIVO COMPLIANCE COLLEGE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PENSIVO COMPLIANCE COLLEGE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS).

NEITHER PENSIVO Inc., ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) IN THE PENSIVO COMPLIANCE COLLEGE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE PENSIVO COMPLIANCE COLLEGE WEBSITE SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

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Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE PENSIVO COMPLIANCE COLLEGE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THE PENSIVO COMPLIANCE COLLEGE WEBSITE OR ANY PENSIVO COMPLIANCE COLLEGE WEBSITE OR PENSIVO COMPLIANCE COLLEGE WEBSITES LINKED TO THE PENSIVO COMPLIANCE COLLEGE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PENSIVO COMPLIANCE COLLEGE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PENSIVO COMPLIANCE COLLEGE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); OR (F) ANY OTHER MATTER RELATING TO THE PENSIVO COMPLIANCE COLLEGE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PENSIVO COMPLIANCE COLLEGE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PENSIVO COMPLIANCE COLLEGE WEBSITE, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE PENSIVO COMPLIANCE COLLEGE WEBSITE.

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Indemnification

You agree to indemnify, hold harmless and, at our option, defend PENSIVO Inc. and our affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of the PENSIVO Compliance College Website or our products or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

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Governing Law and Choice of Forum

This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. The parties hereby irrevocably attorn to the Courts of the Province of Ontario to determine any dispute relating to this Agreement.

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Contact Information

Our business address is:
5450 Canotek Road
Unit 57
Ottawa Ontario
K1J 9G4
We may be reached by email at info@pensivo.com. PENSIVO is a fully-owned Canadian company.

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Miscellaneous Terms

In any action against us arising from the use of the PENSIVO Compliance College Website (including, without limitation, the Fee-Based Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Terms & Conditions (if applicable), the Privacy Policy and any Additional Terms, are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control. This Agreement may be modified only by our posting of changes to this Agreement on the PENSIVO Compliance College Website or by other notification from us, or by written agreement of both parties. Each time you access the PENSIVO Compliance College Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

(Last modified on June 14, 2007)

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PENSIVO Compliance College Privacy Statement

Overview

PENSIVO Inc. is committed to protecting the privacy of personally identifiable information collected on the Canadian web sites operated by PENSIVO Inc. (collectively, the "Site") from: (i) those who purchase or download products from the Site, (ii) those who complete the PENSIVO Inc. registration form in order to list services on the Site ("Registered Service Providers"), (iii) those who complete the registration form in order to undergo certification through PENSIVO Compliance College (“Learners”); and (iv) other visitors to the Site ("Visitors") (collectively, "You").

This Privacy Policy summarizes the policies of this Site regarding the collection, use, and transfer of personally identifiable information, and regarding security measures PENSIVO Inc. employs to protect such personally identifiable information. Please read this Privacy Policy carefully to understand how Your personally identifiable information will be treated as You make use of this Site.

Please be aware that this Site may contain links to third-party web sites, that this Privacy Policy does not apply to such web sites, and that PENSIVO Inc. is not responsible for the privacy practices, content, or conduct of or on such web sites. Please also be aware that this policy only applies to information collected by our site and does not extend to any information that You may disclose or publish online in any public forum or chat board, including any of the bulletin boards that we may make available on the Site. By using this Site, You agree to the terms and conditions of this Privacy Policy.

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Collection of Information

This Site collects a variety of personally identifiable information such as name, title, company name, address, e-mail address, telephone and fax numbers, and other information may be collected from You in order for PENSIVO Inc. to respond to a request for additional information about a product/service or about PENSIVO Inc.. If You contact PENSIVO Inc., we may keep a record of that correspondence. PENSIVO Inc. will ask You for personally identifiable information when You report a problem with the Site. PENSIVO Inc. may also occasionally ask You to complete surveys that we may use for research.

When You purchase or download products from this Site, PENSIVO Inc. may collect Your credit card number and its expiration date. Also, personally identifiable information such as Your name, title, company name, address, e-mail address, telephone and fax numbers, and other information may be collected for the purpose of fulfilling a product order. To protect Your privacy all payments are processed directly through a Canadian bank without credit card information ever transiting or stored on company servers. If You do not wish to give us Your credit card number or other personally identifiable information over the web, You may place an order with a representative over the telephone by calling us at 1-866-596-8372 or fax Your completed order form to (613) 748-7350.

When You register for testing and licensing using PENSIVO Compliance College, PENSIVO Inc. may collect personally identifiable information such as name, title, company name, address, e-mail address and other Learner personally identifiable information and tests results. We may also use the personally identifiable information that You provide for the purpose of supporting Your, and Your employer’s, relationship with the PENSIVO Compliance College program by designing web site content that is suitable to Your needs and alerting You to new product and service offerings as they become available. If You decide that we should not use Your personally identifiable information to contact You, please let us know and we will not use that information for such purpose. You may separately agree to provide Your personal information to third parties that provide content for the PENSIVO Compliance College program, in order to access and/or use their products and/or services. If You agree to provide such information to these third parties, then Your personal information will be subject to their privacy policies.

This site does use "cookie" technology (i.e., small computer data files that are placed on Your computer) and also logs IP addresses and browser information for purposes of system administration, identifying technical difficulties, evaluating traffic patterns and usage of this Site, and otherwise providing content relevant to users of this Site. In the event that we link any such technical information with any of the personally identifiable information referenced above, we will treat such information as personally identifiable information and use it only in accordance with this Privacy Policy.

Minors (persons under the age of legal competence in the jurisdiction in which they reside) are not eligible to become Members and may not otherwise use the Site, or submit personally identifiable information through the Site.

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Use, Disclosure, and Transfer of Personally Identifiable Information

You hereby agree that PENSIVO Inc. may collect, use, store, maintain, transfer, and delete Your personally identifiable information in accordance with this Privacy Policy. Except as may be necessary to send process payments and provide You with products and services that You have ordered, PENSIVO Inc. will not release personally identifiable information protected by Your account name and password, unless (i) releasing such information is otherwise required by applicable law, statute, regulation, ordinance, or court order or (ii) PENSIVO Inc. has reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be violating the Terms and Conditions of Use or may be causing injury to or interference with (either intentionally or unintentionally) PENSIVO Inc.’s rights or property, other PENSIVO Inc. users, or anyone else that could be harmed by such activities. Where PENSIVO Inc. does release Your personally identifiable information to PENSIVO Inc. clients or business partners, PENSIVO Inc. will first require them to agree to use such personally identifiable information in accordance with this Privacy Policy and only for the purposes for which the data were collected.

The disclosure of personally identifiable information as contemplated in this Privacy Policy may be to a party outside the home jurisdiction of the User, Member, Learner or Visitor. In particular, for Users, Members, Learners and Visitors based in the European Union, data may be transferred to jurisdictions outside the European Union that may not have equivalent laws and rules to protect personally identifiable information. By agreeing to this Privacy Policy, You also consent to the transfer of Your personally identifiable information to PENSIVO Inc. and it Suppliers (as defined below), some of whom may be overseas, in order to deliver PENSIVO Inc.‘s services to You.

We may make use of the services of third party contractors and suppliers (“Suppliers”) to provide some or all of the services on the Site, such as processing credit card transactions, hosting the Site, maintaining the bulletin board, providing the online instructional programs and certifications, and administering the related testing and licensing. Access to Your personally identifiable information by Suppliers is limited to the information reasonably necessary in order for them to perform their limited function(s). We require these Suppliers to treat Your personally identifiable information in a manner consistent with this Privacy Policy.

We reserve the right to disclose and/or transfer Your personally identifiable information to a third party as part of any actual or proposed transfer of all or substantially all of the functions of PENSIVO Inc., provided that the third party agrees to be bound to the provisions of this Privacy Policy.

PENSIVO Inc. reserves the right to use aggregated data (data that are not individually identifiable). Such aggregate uses could include, but are not limited to, evaluation, business analysis, and otherwise meeting PENSIVO Inc.’s marketing and business objectives.

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Accessing, Modifying, or Removing Your Information

Under applicable laws, statutes, regulations, or ordinances, You may have the right to (i) check whether PENSIVO Inc. holds personally identifiable information about You, (ii) access such personally identifiable information, and (iii) correct any personally identifiable information about You that are inaccurate.

If You would like PENSIVO Inc. to delete Your Member registration profile from the PENSIVO Inc. database, please send an e-mail message to info@PENSIVO.com , put "Remove" in the subject line of that e-mail, and include Your full name, Your account name, and Your phone number in the body of the message.

To stop receiving e-mails from PENSIVO Inc., please unsubscribe from the appropriate publication or contact us at info@PENSIVO.com. To stop receiving e-mails concerning PENSIVO Compliance College, please unsubscribe from the appropriate publication or contact us at info@PENSIVO.com.

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Account name and Password Protection

All personally identifiable information that You provide in the Member registration process are associated with and protected by an account name and password, both of which You choose. You may access Your own information any time with Your account name and password or by contacting info@pensivo.com. Except as provided for elsewhere in this Privacy Policy, only personnel of PENSIVO Inc. may directly access Your personally identifiable information provided through registration.

If You forget Your password, You may contact us at info@PENSIVO.com.

PENSIVO Inc. reserves the right to change account names and passwords at any time to protect the security of this Site. To help protect Your information, You must: keep Your account name and password confidential; and contact us immediately at info@pensivo.com if You know or suspect that Your account name or password has been compromised.

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Data Security and Integrity

When You provide personally identifiable information to the Site, such data are stored on secured servers that are protected by this Privacy Policy regardless of where they may be located. PENSIVO Inc. takes reasonable steps to protect Your personally identifiable information from loss, misuse, or other unauthorized uses, and to remove Your personally identifiable information when it is no longer required for its intended purposes. PENSIVO Inc. cannot, however, guarantee that loss, misuse, or unauthorized use will never occur, and makes no representations or warranties to this effect.

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Changes to the Privacy Policy for This Site

PENSIVO Inc. reserves the right to change this Privacy Policy from time to time and at its sole discretion. If the Privacy Policy for this Site changes, the revised policy will be posted at the Privacy Policy link on this Site’s home page. Any changes in the Privacy Policy will be brought to the attention of Members when You next log in. This Privacy Policy was last updated on June 14, 2007.

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Contact Us

If You have any questions, comments, complaints or concerns or require more information about this Privacy Policy, about how PENSIVO Inc. manages personally identifiable information or responds to complaints, or about how personally identifiable information are being used, please contact info@pensivo.com or write to us at:

PENSIVO Inc.
5450 Canotek Road
Unit 57
Ottawa Ontario
K1J 9G4

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