Terms and Conditions of Sale

CCI Learning does not provide refunds.

Return Policy – Revised: August 2018

CCI Learning accepts returns for printed courseware ONLY in our current Courseware Listing.  Courseware must be in NEW, UNUSED condition and be in the ORIGINAL shrink-wrap. No credit will be given for non-catalog items or customized material.

Jasperactive, Videos, eBooks, Exams, Assessments, Software, Electronic licenses of courseware and practice tests are NON RETURNABLE.

Returns will be accepted for current courseware purchased within 60 days of the invoice date. When courseware listed in the current courseware listing becomes “out of print”, it is returnable within 90 days from the date the courseware is declared out of print.

An RMA number must accompany all returns. To receive an RMA number please email your request along with original invoice number, courseware title(s), and quantity to Client Relations at fulfillment@ccilearning.com. You will receive a return email with your RMA number and the address to ship the manuals back to.

Invoices must be received at time of request; if not supplied, an invoice reprint fee will be charged.

Returns should be shipped via courier as proof of delivery may be required and all return shipping costs are the responsibility of the customer.

RMA number must be visible on the outside of the return packaging or shipment could be refused.

All materials must be received within 30 days of the issue of the RMA.

A re-stocking fee of 20% will be charged.

Materials received and deemed unacceptable will be recycled.

Credit

Credit for returns will be redeemable towards future purchases only. Credits are not transferrable and may only be used by the center or location who made the original purchase.

For defective or incorrectly shipped materials please contact CCI Learning’s Client Relations immediately. CCI Learning will replace all damaged or incorrectly shipped materials at no charge.

School/College Return Policy

All of the terms laid out above apply to all Schools, Public Academic Institutions and Career Colleges, but additionally have one (1) year from the invoice date to return.

ELECTRONIC COPYRIGHT LICENSES – TERMS AND CONDITIONS OF SALE

All sales of Electronic Copyright Licenses for use under license of CCI Courseware (as defined below) are made subject to the following Terms and Conditions of Sale. By completing the purchase of any Electronic Copyright License, as the purchaser (“Licensee”) you hereby irrevocably accept and agree to be bound by these Terms and Conditions of Sale whether or not you have read them. Please print and retain a copy of these Terms and Conditions of Sale for your records.

1. Interpretation and Definition

1.1 “Authorized Licensee Instructors” means Licensee’s faculty, employees and independent training contractors authorized by Licensee to provide training relating to the topics covered within the CCI Courseware;

1.2 “Authorized Licensee Users” means Licensee’s registered students, faculty, employees and independent training contractors;

1.3 “CCI Courseware” means copyrighted courseware content that is proprietary to CCI Learning™ and listed on the Invoice for Sale, and includes without limitation all courseware Manuals (as defined in Section 2.2 below) which may be derived or created therefrom by Licensee and any and all other related and supporting content and online materials provided to Licensee which are copyrighted by CCI Learning™. ™

1.4 “CCI Learning™” means CCI Learning Solutions Inc., a British Columbia, Canada, corporation.
1.5 “Electronic Access” means access to the CCI Courseware provided to Authorized Licensee Users by Licensee and all Authorized Licensee Instructors using electronic networks, electronic learning management systems or other electronic distribution systems protected by use of secure servers and confidential access codes or equivalent security methods, and operated, managed and controlled by Licensee.
1.6 “Invoice for Sale” means the invoice issued by the vendor of the License in respect of sale of the License to Licensee. The Invoice for Sale documents among other things the CCI Courseware included in the License, the Territory and Locations where Licensee is granted rights to distribute the CCI Courseware, the term of the License being granted to Licensee, and the consideration and terms of payment for the License paid or to be paid by Licensee.
1.7 “Licence” means the non-transferable, non-exclusive Electronic Copyright License, evidenced by the Invoice for Sale and by these Terms and Conditions of Sale, granting Licensee limited rights to reproduce and use the CCI Courseware for the purposes and subject to the conditions set out herein.

2. Grant of License – The grant of the License by CCI Learning™ entitles Licensee to use the CCI Courseware subject to the following conditions:
2.1 Licensee shall not use the CCI Courseware for any purposes other than Licensee’s bona fide internal purposes relating to training students within the Territory and at the Licensee Locations listed on the Invoice for Sale;
2.2 License may create printed and digital reproductions of the CCI Courseware only for Licensee’s internal distribution (each such reproduction referred to as a “Manual”, which term also includes all Modified Manuals as defined in Section 4.1 below);
2.3 Licensee shall not distribute or allow access to the CCI Courseware to any person other than an Authorized Licensee User;
2.4 Licensee shall not sell or offer for sale, transfer, exchange, assign, loan or gift the CCI Courseware, in whole or in part, to any person and shall not shall mortgage, pledge, charge, grant a security interest in or otherwise encumber its interest in this License or the CCI Courseware; and
2.5 Licensee shall by means of appropriate security measures satisfactory to CCI L Learning™:
2.5.1 restrict Electronic Access to the CCI Courseware solely to Authorized Licensee Users;
2.5.2 save and except for Authorized Licensee Instructors, restrict the ability of Authorized Licensee Users using Electronic Access to select, copy, redistribute or modify the content of CCI Courseware, such restricted access being commonly referred to as “read-only access”;
2.5.3 maintain complete records of all access and usage by Authorized Licensee Users of the Manuals accessed through Electronic Access.

3. Delivery of the CCI Courseware – On or before the next working day following completion of the purchase of the License by Licensee, the vendor of the License or CCI Learning™ will provide Licensee with one or more Key Codes to facilitate access to the CCI Courseware by Authorized Licensee Instructors in each of the locations identified on the Invoice for Sale. Using their Key Codes, the Authorized Licensee Instructors will first be required to complete online the General Terms of Use applicable to all CCI Learning™ Electronic Courseware Licenses, following which they will receive online access to the CCI Courseware via one or more FTP (File Transfer Protocol) websites operated by CCI.

4. Revisions to CCI Courseware and Manuals – Subject to Section 4.1 hereof, Licensee will not change, replace, alter, edit or modify the format, layout or text of the CCI Courseware in whole or in part, provided that:
4.1 Licensee may modify a Manual (such modified Manual being referred to as a “Modified Manual”) to exclude portions of the CCI Courseware and include additional or substituted information not part of the CCI Courseware (such additional or substitution information being referred to as “Substituted Information”) provided that:
4.1.1 the preface page contained in the original CCI Courseware shall be included in the Modified Manual;
4.1.2 such preface page shall not be modified, except for (i) addition of Licensee’s name and logo, but not so as to remove, alter, diminish or displace the name or logo of CCI Learning™ (ii) removal of third party logos and claims to accreditation which are no longer valid as a result of Licensee’s modifications; and (iii) in respect of all copies of the Modified Manual which are reproduced by Licensee in printed form, updating or removing the identification of the country in which the Manual is printed;
4.1.3 Licensee shall not remove, alter or modify any proprietary notices or labels of CCI Learning™, including but not limited to the notice on each page of ownership by CCI Learning™ of the copyrights thereto, in the CCI Courseware;
4.1.4 any and all claims or references to accreditation by any third party of the material in the CCI Courseware are removed;
4.1.5 Substituted Information shall not (i) violate or contravene any law, statute, regulation, ordinance, judgment or ruling, or (ii) violate the intellectual property rights of any person.

5. Status of Intellectual Property. As a condition of the grant of the License to Licensee, Licensee acknowledges and agrees that CCI Learning™ exclusively owns all intellectual property rights in the CCI Courseware, and nothing in this License constitutes a waiver, assignment or transfer of the rights of CCI Learning™ under any state, provincial, federal or other law or international treaty. Any and all rights not expressly granted herein shall be reserved for CCI Learning™.

6. Term. Subject to Section 7 below, the term of the License and Licensee’s right to use the CCI Courseware will be one year from the date of the Invoice for Sale or such different term as may be specified in the Invoice for Sale.

7. Early Termination. Without limiting any other rights or remedies available to CCI Learning™ at law or in equity, CCI Learning™ will have the right to terminate this License immediately in the event:
7.1 Licensee attempts to, or in CCI Learning™’s reasonable opinion Licensee intends to, sell, transfer, exchange, assign, loan or gift the CCI Courseware, in whole or in part to any person or mortgage, pledge, charge, grant a security interest in or otherwise encumber its interest in this License or the CCI Courseware;
7.2 CCI Learning™ becomes aware of any failure by Licensee to comply with the security requirements for Electronic Access set out in these Terms and Conditions of Sale and Licensee does not correct such failure within three (3) days of receiving written notice from CCI Learning™ to do so;
7.3 Licensee does not forthwith report to CCI Learning™ any infringement by Licensee, any Authorized Licensee User or any other person, of the intellectual property rights owned by CCI Learning™ in and to the CCI Courseware as soon as is reasonably practicable after Licensee becomes aware of such infringement;
7.4 Licensee fails to comply with any other term or condition of this License and fails to correct such failure within fourteen (14) days of receiving written notice from CCI Learning™ to do so;
7.5 License makes any act or declaration of insolvency; or
7.6 if, in CCI Learning™’s reasonable opinion, any action or conduct of Licensee adversely affects CCI Learning™’s intellectual property rights in and to the CCI Courseware or brings CCI Learning™ or the CCI Courseware into disrepute.

8. Effect of Termination or Expiration. Following the termination or expiration of this License for any reason:
8.1 Licensee shall:
8.1.1 forthwith cease use of all CCI Courseware including all Manuals containing content from CCI Courseware and without limitation, destroy all undistributed Manuals in printed form in Licensee’s possession or control and, by means acceptable to CCI Learning™ acting reasonably, remove all CCI Courseware and Manuals in digital form from all Electronic Access operated by Licensee;
8.1.2 within fifteen (15) days after the expiration or termination of this License, confirm Licensee’s compliance with Section 8.1 to CCI Learning™ in writing.
8.2 In the event of early termination of the License by Licensee for any reason, or on expiration or on termination by CCI Learning™ under the terms of Sections 6 and 7 herein, no part of any consideration paid by Licensee for grant of the License will be refundable to Licensee.

9. DISCLAIMER AND LIMITATION OF LIABILITY.
9.1 CCI LEARNING™ DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE CCI COURSEWARE, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THIRD PARTY INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE MAY NOT RELY ON ANY REPRESENTATION OR WARRANTY MADE BY CCI LEARNING™ OR ANY OTHER PERSON. THE CCI COURSEWARE IS PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AND CCI LEARNING™ HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS WITH RESPECT TO THE CCI COURSEWARE TO LICENSEE.
9.2 IN NO EVENT SHALL CCI LEARNING™ BE LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY LICENSEE OR ANY OTHER PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CCI COURSEWARE, EVEN IF CCI LEARNING™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF LICENSEE IS DISSATISFIED WITH THE CCI COURSEWARE, LICENSEE’S SOLE REMEDY SHALL BE TO CEASE USE OF THE CCI COURSEWARE AND TERMINATE THE LICENSE.
9.3 BY PURCHASE OF THE LICENSE, LICENSEE ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION 9 ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS LICENSE AND THAT CCI LEARNING™ WOULD NOT HAVE ENTERED INTO THIS LICENSE NOR PROVIDED THE CCI COURSEWARE TO LICENSEE BUT FOR LICENSEE’S AGREEMENT TO LIMIT CCI LEARNING™’S LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.

10. General
10.1 No Assignment or Sublicense. The rights granted to Licensee by the Licence as set out in these Terms and Conditions of Sale are non-transferable and non-assignable and any attempt by Licensee to assign its rights, duties or obligations thereunder, in whole or in part, shall be of no effect.
10.2 Indemnification. Without prejudicing any other remedy available to CCI Learning™ at law or in equity, Licensee may be held responsible to indemnify CCI Learning™ against and hold it harmless from any and all costs (including solicitor and own client costs), losses, damages or expenses suffered or incurred by CCI Learning™ in any manner arising out of or in connection with failure of Licensee to observe and perform any of its obligations pursuant to the License as set out in these Terms and Conditions of Sale. However, in respect of educational institutions operated in Canada or the United States of America by or under the control of provincial, state or federal authorities, this indemnification will only apply to extent permitted by the statutes applicable in the jurisdiction of that educational institution.
10.3 Non-Waiver. No condoning, excusing, overlooking or waiver by CCI Learning™ of any default, breach or non observance by Licensee at any time or times in respect of any term or condition of the License as set out in these Terms and Conditions of Sale shall operate as a waiver of CCI Learning™’s rights hereunder in respect of any continuing or subsequent default, breach, or non observance or so as to defeat or affect in any way CCI Learning™’s rights in respect of that continuing or subsequent default, breach, or non-observance, and no waiver shall be inferred from or implied by anything done or omitted to be done by CCI Learning™ except by an express waiver in writing.
10.4 Injunctions. Damages at law may be an inadequate remedy for a breach or threatened breach by Licensee of the License or these Terms and Conditions of Sale and, in the event of a breach or threatened breach of any provision thereof the rights of CCI Learning™ hereunder shall be enforceable by specific performance, injunction, or other equitable remedy.
10.5 Severability. If any obligation or provision contained in the License as set out in these Terms and Conditions of Sale, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of these obligations and provisions and their application to circumstances other than those to which they are held invalid or unenforceable shall not be affected, and each such obligation and provision shall be separately valid and enforceable to the fullest extent permitted by law.
10.6 Entire Agreement. The Invoice for Sale and the Terms and Conditions of Sale together constitute the entire agreement for the License between Licensee, CCI Learning™ and, if the vendor of the License to Licensee is not CCI Learning™, such vendor, and supersede all previous communications, representations expectations, understandings and agreements whether verbal or written between these parties with respect to the terms of the License.
10.7 Binding Effect. By completing its purchase of the License or by accessing, copying or using the CCI Courseware, Licensee represents and warrants to CCI Learning™ that Licensee has all requisite power and authority to enter into the License and all necessary power and authority to perform the obligations of Licensee set out herein.
10.8 Governing Law. The jurisdiction under whose laws the terms of the License, as documented in the Invoice for Sale and these Terms and Conditions of Sale, shall be governed and interpreted, will be as follows:
10.8.1 In respect of Licensees who are educational institutions operated within Canada or the United States of America by or under the control of provincial, state or federal governments or governmental authorities whose laws specify that the jurisdiction for legal contracts for such institutions must be the jurisdiction of the relevant authority, the terms of the License will be governed and interpreted in accordance with the laws of, and adjudicated by courts in, that jurisdiction;
10.8.2 For all other Licensees, the terms of the License will be governed and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada as applicable therein, and any and all disputes and claims arising hereunder will be subject to adjudication by the courts of the Province of British Columbia.