PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE WEBSITE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Welcome to jivaconsulting.com. This website (the “Site”) is operated by PBOK Technical Training Ltd. operating as Jiva Consulting (“Jiva”).

Access and use of the Site and its related affiliates, brands (“Centre for Pipeline Knowledge”), products (the “Products”), and services (the “Services”) is provided to you by Jiva on the condition that you accept this agreement. By accessing, browsing, registering on, downloading pages from and/or otherwise using the Site, you agree to accept and comply with this agreement. You further agree that this agreement is like any written negotiated agreement signed by you, and you agree to be bound by and fully comply with its terms and conditions. If you have any questions relating to these Terms of Use, please contact us using our contact information below.

If you do not agree to be bound by these terms and conditions, you may not use or access the Site.

You agree to use the Site only for lawful purposes, and that you will not use the Site in any manner that interferes with its security or normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access the Site by any means except through the interface provided by Jiva for access to the Site.

You must be at least eighteen (18) years of age to use the Site, and fully able and competent to enter into the terms and conditions set out in these Terms of Use.

You further agree that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by Jiva in providing the Site, including without limitation any change in content, is to cease using the Site.

In order to make a purchase on the Site, you will be required to establish a user account (a “User Account”). To do so, you will need to provide us with certain information (“Account Information”). You agree that the Account Information you provide is true, accurate, current and complete. If any of your Account Information changes, you must update it by using the appropriate update mechanism on the Site, if available. Otherwise, you agree to contact our Privacy Officer as described in our Website Privacy Policy (“Privacy Policy”). If you provide any information that is false, inaccurate, outdated or incomplete, or Jiva has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Jiva, in its sole discretion, has the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.

You are solely responsible for all usage or activity on your User Account, including, but not limited to, use of you User Account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. You may not sub-license, transfer, sell or assign your User Account, your Account Information and/or these Terms of Use to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms of Use. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Site, if available, or notify our Privacy Officer as described in our Privacy Policy.

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices from the site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you wish to subscribe to our newsletters and updates, we will use your name and e-mail address to send the information to you. Out of respect for your privacy, we provide you a clear way to unsubscribe.

The purchase of any products or services offered on the Site shall be made using a valid credit card. PayPal® being the method of payment currently accepted, you give us permission to charge your purchases on the Site through PayPal. The purchase of any Product shall be made in Canadian dollars unless otherwise specified.

Please note the following:

• Credit cards have daily spending limits that may prevent the processing of your order.
• If a transaction has been declined online due to credit issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another payment card.
• You must comply with all applicable agreements between you and PayPal or your credit card provider, as the case may be, as well as their respective policies which may be applicable to you.

You are responsible for the payment of all applicable taxes, including any provincial and federal sales taxes that may apply to your order.

We will not be responsible: (i) for any charges that PayPal® or your credit card issuer may apply to you as a result of our processing your order; (ii) the failure or refusal of PayPal® or your card issuer to authorize payment by you; or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification.

Use of the Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. By using the Site, you agree to be bound by the terms of our Privacy Policy.

From time to time, Jiva may amend these Terms of Use. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Site or the Site in its entirety. We will post any revised version of this agreement on the Site and encourage you to refer back to it on a regular basis.

CONTINUED ACCESS OF THE SITE BY YOU WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES OR REVISIONS TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY.

These Terms of Use were last updated 2022.

In Jiva's sole discretion and without prior notice or liability to you or any third party, we may suspend, discontinue, modify or alter any aspect of the Site including, but not limited to : (i) restricting the time the Site is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Site.

For greater certainty, Jiva expressly reserves, in its sole discretion and without the requirement to provide notice, the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Site. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Site. We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site.

The Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Jiva monitors or endorses these websites. Jiva does not accept any responsibility for such websites.

Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Site or to post comments, communications or any other data of any kind to or on the Site with the intention that such postings may be viewed by other users of the Site.

All Site design, text, graphics, sound, software, layout, data and other content, and the selection and arrangement thereof, are the property of Jiva or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site. You may not download any material from the Site and may only stream such material as is made available based upon your order for such materials.

In order to avoid potential misunderstandings or disputes, Jiva does not accept or consider unsolicited ideas or suggestions (the “Submissions”). If you send any Submissions to us, you automatically grant (or warrant that the owner of the Submissions grants) to Jiva and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Jiva or its successors, assigns and licensees. You further agree, represent and warrant that all moral rights in the Submissions are waived in favour of Jiva and its successors, assigns and licensees.

You agree to indemnify Jiva, and its affiliates, directors, officers, employees, agents, licensors, suppliers, content providers, and the like (collectively, the “Affiliates”), and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your unauthorized use of material obtained through the Site, or from your breach of these Terms of Use, or from any such acts through your use of the Site.

THE SITE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. Jiva AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, QUALITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE PRODUCTS OR SERVICES OFFERED OR SOLD ON OR THROUGH THE SITE OR ANY OTHER WEBSITE TO WHICH THE SITE MAY LINK, AS WELL AS THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.

Jiva and its Affiliates do not represent or warrant that access to the Site will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site. No oral or written statements by Jiva or its Affiliates will create any warranty not expressly set forth herein.

IN NO EVENT SHALL Jiva OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, Jiva'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO OR EXPLOITATION OF THE SITE, THE SERVICES, OR ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR SUCH PRODUCTS OR $10.00, WHICHEVER IS LESS.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

Jiva may, without any notice or liability to you or any other person, immediately suspend or terminate these Terms of Use for its convenience at any time.

The Site is controlled, operated and administered by Jiva from within the Province of Alberta, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the Site, you acknowledge and agree that all matters relating to access to or use of the Site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

If any controversy, dispute, claim, question or difference arises with respect to the Site, to any Products that you purchase through the Site, these Terms of Use, or the Site's performance, enforcement, breach, termination or validity (a “Dispute”), the parties shall use their best efforts to settle the Dispute by consulting and/or negotiating with each other, in good faith, to reach a just and equitable solution satisfactory to all parties.

If the parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any party to the other, then upon written notice by any party to the other, the Dispute shall be submitted to confidential arbitration in Calgary, Alberta, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Jiva or its Affiliates. In such an instance, Jiva and its Affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Alberta and you voluntarily consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the National Arbitration Rules of the ADR Institute of Canada, Inc. in force at the date of commencement of the arbitration proceeding. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Jiva relating to any such dispute and you also agree to opt out of any class proceedings against Jiva.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use, together with the Privacy Policy, is the entire agreement between you and Jiva with respect to the Site, the Services, the Products and your use of same. In the event of a conflict between or among these Terms of Use and any other documents referenced in these Terms of Use, the conflict shall be resolved by assigning precedence to these Terms of Use, then to any documents referenced herein.

Sections 7 through 17 shall survive any termination of these Terms of Use by either party for any reason.

The parties have expressly required that these Terms of Use be set forth and executed in the English language. Les parties ont demande que cette convention ainsi que tous les documents qui s’y rattachent soient rediges en anglais.

We may assign our rights and obligations under these Terms of Use. These Terms of Use 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 these Terms of Use, or to exercise any right under these Terms of Use, 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.

All references in these Terms of Use to “Jiva”, “we”, “us”, “our” and like terms should be interpreted accordingly. The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use.

For any questions that you may have about this agreement, you can contact us by e-mail, telephone, or postal mail at:

PBOK Technical Training Ltd. operating as Jiva Consulting