- Use License
Permission is granted to course students to download one copy of any downloadable materials from the purchased course for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on We Can Saw’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or ‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by We Can Saw at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Revisions and Errata
The materials appearing on We Can Saw’s website and courses may include technical, typographical, or photographic errors. We Can Saw does not warrant that any of the materials are accurate, complete, or current. We Can Saw may make changes to the materials at any time without notice. We Can Saw does not, however, make any commitment to update the materials.
We Can Saw has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by We Can Saw of the site. Use of any such linked website is at the user’s own risk.
If the content you purchased is not what you were expecting, you can request, within 30 days of your purchase of the content, that We Can Saw Academy apply a refund to your account. Courses that were bought on pre-order are entitled to a refund within 30 days of the course release date. No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. We Can Saw also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms or our Trust & Safety Guidelines, you will not be eligible to receive a refund.
- Student Lifetime Access
Students are provided Lifetime Access to the most recently updated version of the core course curriculum of the course that they purchase. We Can Saw may make changes to course materials at any time without notice and will not provide access to former versions of the course – including the materials available when the student purchased the course.
In the event that a course is discontinued, an alternative access method to the materials available at the time of discontinuance will be made available to the students. Personalized feedback will no longer be offered.
We Can Saw Company’s Release of Liability, Waiver, Indemnity, and Arbitration Agreement
This Release of Liability, Waiver, Indemnity, and Arbitration Agreement (the “Agreement”) is between We Can Saw Company (“We Can Saw”), a sole proprietorship formed under the laws of the state of Maryland and which is currently headquartered in Churchville, Maryland and the We Can Saw Academy student (the “Student”) (We Can Saw, SCS Personnel, and Student are sometimes collectively referred to as the “Parties”). The Student expressly understands and agrees this Agreement and all its parts are an essential aspect of the Student’s relationship with We Can Saw and fully executing this Agreement is required to participate in any program, plan, service, and/or training with and/or prepared, administered, or conducted by We Can Saw.
Representations and Agreement
1. Voluntary Agreement and Services Offered. The Student expressly represents, affirms, and avers that he/she/they is eighteen years of age or older and voluntarily enters into this Agreement. If the Student is under the age of eighteen (18), then a duly authorized parent and/or legal guardian has signed below on behalf of the minor Student, and the duly authorized parent and/or legal guardian makes all representations, averments, and agreements attributable to Student in this Agreement. The Student agrees that We Can Saw is engaged in the business of preparing, creating, formulating, drafting, marketing, and selling chainsaw training, coaching, instruction, video analysis, and merchandise related to and concerning the various uses of chainsaws (the “Services”). The Student represents, affirms, and avers that he/she/they has voluntarily and intentionally contracted with We Can Saw for the provision of Services offered by We Can Saw and/or which may be offered by We Can Saw in the future.
2. Remote Services. The Student expressly agrees that any and all We Can Saw Services may be provided remotely (over the internet, phone, and/or video-conferencing software). The Student expressly agrees, avers, and represents that he/she/they understand there are certain limitations related to providing the Services remotely and the Student has no objections of any kind to any Services being provided remotely.
3. Using a chainsaw is an Inherently Dangerous Activity.
a. The Student represents, agrees, avers, and stipulates that he/she/they fully understands and believes that chainsaw usage, including, but not limited to, bucking, limbing, brushing, felling, cleaning, maintenance, and sharpening (“Chainsaw Usage”) is an inherently dangerous activity. The Student agrees that not all training for chainsaw usage involves chainsaw usage specific movement or activity and he/she/they will be required, from time to time, to perform other athletic movements and activities. The Student expressly agrees and stipulates that all Chainsaw Usage and related activities are extremely intense, strenuous, and physically demanding.
b. The Student understands, agrees, and stipulates there are dangers and risks—hidden and obvious, foreseeable and unforeseeable—inherent in Chainsaw Usage and in his/her/their participation in the Services and in Chainsaw Usage. The Student expressly agrees that Chainsaw Usage and the Services involve inherent risks to persons and property including, but not limited to, (1) cuts, scrapes, bruises; (2) bruised and broken bones; (3) head injuries and concussions; (4) torn, popped, damaged, strained muscles and connective tissue; (5) tendonitis, bursitis or other connective tissue or overuse injuries; (6) respiratory illness or injury; (7) partial and total paralysis; (8) temporary and permanent disability; (9) dismemberment; (10) choking and asphyxiation; (11) injuries related to first aid, medical treatment, and care; (12) injuries related to delayed medical treatment and/or care; (13) death; (14) damaged equipment; (15) broken equipment; (16) ripped, torn, lacerated clothing and textiles; (17) damaged personal property; (18) damaged real property; (20) transportation in vehicles on paved, gravel, and dirt roads as well as off road trails (collectively referred to as “Risks”). The Student agrees and stipulates that despite the best efforts of We Can Saw and PCC Personnel, and through no fault of either We Can Saw and/or PCC Personnel, any and all of the Risks may still occur.
c. The Student expressly understands, agrees, and avers that the Risks may arise in a variety of foreseeable and unforeseeable circumstances including, but not limited to, (1) experiencing kickback from the chainsaw; (2) having the chainsaw hit their body; (3) logs or other cutting material hitting the Student as a result of Chainsaw Usage; (4) the failure and/or defect of any Equipment (“Equipment” includes Chainsaws and Personal Protective Equipment provided by the Student and used in connection with the Services); (5) slipping, (6) tripping; (7) rescue efforts; and (8) administration of first aid and medical treatment.
d. The Student acknowledges that We Can Saw and PCC Personnel strongly recommend Student use all OSHA required Personal Protective Equipment while performing Services which involve actual chainsaw usage – head protection, eye protection, hearing protection, chainsaw chaps or pants, and suitable footwear. Student acknowledges and agrees that the use of OSHA required Personal Protective Equipment can, and likely will, drastically reduce the likelihood and severity of an injury should some and/or all of the Risks occur.
e. Student expressly acknowledges, agrees, and represents that he/she/they understand that his/her/their participation in Chainsaw Usage, the Services, and/or any other activity arising out of and/or related to Chainsaw Usage and/or the Services may result in hazards, dangers, and Risks not contemplated by this Section 4. Specifically, Student acknowledges that the list of Risks, hazards, and dangers contemplated by this Section 4 is not a complete list and there are numerous known, unknown, unanticipated, and unforeseeable hazards, risks, and dangers inherent in the Student’s participation in Chainsaw Usage and the Services to which the Student may or may not be exposed.
4. Student Is In Suitable Health To Participate In Services.
a. Student expressly represents and avers he/she/they is in good physical condition and has no reason to believe Student is incapable, unfit, or otherwise unable to fully participate in the activities, programs, and Services offered by We Can Saw. Student expressly represents, affirms, and avers he/she/they is unaware of, and has no reason to believe or suspect, any physical or mental condition of Student’s would (a) prevent Student from safely, completely, and effectively participating in the Services; (b) negatively impact or impede Student’s safe, complete, and effective participation in the Services; and/or (b) endanger Student’s health or safety or the health and safety of others due to Student’s participation in the Services.
b. Student represents and avers he/she/they consulted with his/her/their primary care physician and/or a licensed health care professional of his/her/their choosing prior to contracting for Services and after contracting for Services regarding the anticipated and specific expectations, strain, demands, and intensity of the Services to determine Student’s ability to fully and safely participate in Services. Student represents and avers that he/she/they have no physical and/or mental conditions which would cause his/her/their participation in the Services to be potentially dangerous to himself/herself/themself or others. Student represents and avers that his/her/their primary care physician and/or licensed health care provider expressly released Student to participate fully and without restrictions in Chainsaw Usage and the Services.
5. Student Can Cease Participation At Any Time. Student understands, acknowledges, and agrees he/she/they can cease his/her/their participation in any aspect of the Services at any time for any reason without penalty. Student is under no obligation to continue or complete the Services. Student understands, acknowledges, and agrees he/she/they will not be entitled to a refund of any kind if he/she/they decide to terminate their participation in the Services.
6. RELEASE OF LIABILITY AND ASSUMPTION OF RISK.
a. Student FULLY and FOREVER RELEASES We Can Saw and PCC Personnel and any insurance or adjusting companies insuring or involved in insuring We Can Saw and/or PCC Personnel, as well as their successors and assigns, insurers and reinsurers, legal counsel, servants, agents, officers, directors, employees, attorneys, shareholders, members, owners, parents, subsidiaries, affiliates, customers, contractors, all other persons, firms or corporations for whom they may be vicariously liable, and anyone involved in and/or related to the provision of the Services (collectively referred to as the “Released Parties”), from any and all claims, demands, actions, proceedings, causes of action, survival claims, lawsuits, arbitration proceedings, administrative proceedings, fines, penalties, injuries, mental injuries, emotional injuries, economic loss, attorneys’ fees, expert fees, costs of proceedings, costs of court, and damages of any kind or nature brought and/or asserted by, through, or under Student, Student’s spouse, Student’s guests, Student’s unborn child, Student’s minor children, and/or Student’s relatives (collectively referred to as the “Student Releasors”) and anyone claiming to be asserting a claim in any capacity on behalf of the Student Releasors against the Released Parties. Student expressly represents, avers, and stipulates he/she/they has actual knowledge of the waivers and releases contained in this Section 7 and all its subparts.
b. Student AND Student RELEASORS EXPRESSLY WAIVE ANY AND ALL CLAIMS WHICH EXIST, NOW OR IN THE FUTURE, WHICH ARE CONTEMPLATED BY THIS SECTION 7 AND ALL ITS SUBPARTS.
7. INDEMNIFICATION. In further consideration of the value received from the Services and other good and valuable consideration which is acknowledged and stipulated by Student, Student does hereby EXPRESSLY AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS THE RELEASED PARTIES from any and all liability of claims, demands, actions, and/or losses (sustained and/or incurred) of any kind or nature (INCLUDING ATTORNEYS’ FEES, EXPERT FEES, AND COSTS) that may be asserted by Student Releasors and/or anyone claiming to be asserting a claim in any capacity on their behalf against the Released Parties related to and/or in any way arising out of the provision of Services. Further, in consideration of the values received from the Services and other good and valuable consideration which is acknowledged and stipulated by Student, Student does hereby EXPRESSLY AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS THE RELEASED PARTIES (INCLUDING ATTORNEYS’ FEES, EXPERT FEES, AND COSTS) should Student Releasors, anyone asserting a claim in any capacity on their behalf, and/or Student’s Estate assert any claims that have been released in Section 8 of this Agreement. It is expressly agreed and acknowledged by Student that the indemnity agreement herein discussed extends to all claims or allegations of negligence (whether sole or concurrent) against the Released Parties (i.e., the indemnitees are being indemnified with respect to their own negligence). Student expressly agrees and represents We Can Saw will have sole and exclusive choice of counsel for any claim triggering Student’s obligations under this Section 8. Student ACKNOWLEDGES IT HAS REVIEWED THIS INDEMNITY AGREEMENT AND REPRESENTS IT HAS ACTUAL KNOWLEDGE OF THIS INDEMNITY AGREEMENT. IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY Student THAT THIS INDEMNITY AGREEMENT MEETS THE APPLICABLE “FAIR NOTICE” REQUIREMENTS OF MARYLAND LAW.
8. Name, Image, and Likeness Waiver. Student expressly acknowledges and agrees that his/her/their participation in the services may be photographed; videotaped; become the subject of books, magazine articles, blog posts, vlog posts, social media posts, seminars, clinics, slide shows, and other written or spoken media; and promoted by We Can Saw and PCC Personnel. Student expressly forever and for all time waives and releases any and all claims to the rights to any and all uses, including commercial uses, of the Student’s name, image, and likeness related to and arising out of his/her/their participation in the Services.
9. Health and Liability Insurance. Student represents, avers, and agrees he/she/they have and will maintain sufficient health insurance coverage throughout their participation in the Services. Student expressly agrees it is his/her/their responsibility to maintain such coverage and that We Can Saw and PCC Personnel will not be acquiring or maintaining any insurance coverage for the Student. Student expressly agrees to name We Can Saw and PCC Personnel as additional insureds on any liability policy maintained by the Student which might provide coverage for any claim arising out of and/or related to the provision of Services.
10. Stipulation Concerning Location of Services. Student expressly stipulates and agrees that all Services provided to Student will be provided remotely using telephone, internet, emails, and video conferencing software. Therefore, Student expressly stipulates and agrees all Services provided to Student by We Can Saw and PCC Personnel are being provided in Churchville, Maryland, and nowhere else.
11. Choice of Law and Forum. This Agreement shall be governed by the laws of the State of Maryland, without regard for its conflicts of laws principles. Any dispute arising out of or related to this Agreement shall be brought in Harford County, Maryland.
12. ARBITRATION AGREEMENT.
a. The Parties agree that all disputes, controversies, or claims arising out of or related to in any way to the Parties’ relationship or termination of that relationship, provision of Services, this Agreement, and/or any breach of this Agreement, shall be submitted to and decided by binding arbitration in Churchville, Harford County, Maryland. Arbitration shall be administered by American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and Mediation Procedures in effect at the time the arbitration is commenced. The rules are available online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. Student may also call the AAA at 1-800-778-7879 if there are questions about the arbitration process. Discovery in any arbitration proceeding shall be conducted according to the AAA’s Consumer Arbitration Rules and Mediation Procedures. The Parties expressly agree there will be three arbitrators appointed to adjudicate over any dispute; each party will designate their own arbitrator, and those two arbitrators will appoint the third arbitrator. To the extent not provided for in the AAA’s Employment Arbitration Rules and Mediation Procedures the Arbitrators have the power to order discovery upon a showing that discovery is necessary for a party to have a fair opportunity to present a claim or defense.
b. This Agreement to arbitrate covers any and all grievances, disputes, claims, or causes of action that otherwise could be brought in a federal, state, local court, and/or agency under applicable federal, state, or local laws, arising out of or relating to Student’s relationship with We Can Saw and/or PCC Personnel and the termination thereof, including claims Student may have against We Can Saw and/or against its principals, members, officers, directors, supervisors, managers, employees, representatives, contractors, agents, and affiliates in their capacity as such or otherwise, or that We Can Saw may have against Student, except as prohibited by applicable law or expressly excluded by this Agreement. The claims covered by this Agreement include, but are not limited to, claims for breach of any contract or covenant (express or implied), tort claims, personal injury claims, claims for discrimination, harassment, or retaliation (including, but not limited to, claims based on race, age, color, sex, gender, national origin, alienage or citizenship status, creed, religion, marital status, partnership status, military status, predisposing genetic characteristics, medical condition, psychological condition, mental condition, criminal accusations and convictions, disability, sexual orientation, or any other trait or characteristic protected by federal, state, or local law), and claims for violation of any federal, state, local, or other governmental law, statute, regulation, or ordinance.
c. Student and We Can Saw expressly intend and agree that:
i. class action, collective action, and representative action procedures shall not be asserted, nor will they apply, in any arbitration pursuant to this Agreement;
ii. each will not assert class action, collective action, or representative action claims against the other in arbitration, court, or otherwise;
iii. each will only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person; and
iv. any claims by the Student will not be joined, consolidated, or heard together with the claims of any other customer, person, individual, or entity.
d. Notwithstanding anything to the contrary in the AAA’s Consumer Arbitration Rules and Mediation Procedures, and the general grant of authority to the arbitrator in Section 14(a) of the power to determine issues of arbitrability, the arbitrators shall have no jurisdiction or authority to compel any class or collective claim, to consolidate different arbitration proceedings, or to join any other party to an arbitration between We Can Saw and Student. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
13. No Warranties. Student understands and agrees that We Can Saw and PCC Personnel are providing no warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, any warranty as to the design, condition, or quality of the Services, and/or any results Student may obtain from Services.
14. Knowing and Voluntary Execution of Agreement. This Agreement has been approved and signed by Student after review of all terms in this Agreement, and that the terms are fully understood and voluntarily accepted by Student, having had the full benefit of representation by an attorney of his/her/their choice. Student expressly represents, agrees, and avers he/she/they had more than sufficient time to review and consider this Agreement and its terms prior to signing the Agreement. Student acknowledges that this Agreement is made and executed by him/her/they of his/her/their own free will and that he/she/they knows all the relevant facts and his/her/their rights in connection with this Agreement.
15. Severability. If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and such adjudication shall not affect the validity of the remainder of this Agreement.
16. Entire Agreement. This Agreement constitutes the entire agreement between We Can Saw and Student and shall not be modified, altered or discharged except by a writing signed by each of the parties to this Agreement.
17. Survival of Agreement. Student expressly agrees and stipulates that this Agreement and all its terms will survive and exist beyond (1) the conclusion of the Student’s participation in the Services, and (2) the Student’s death, temporary disability, and permanent disability. This Agreement can only be revoked or modified in writing signed by both Parties that specifically states an intent to revoke or modify this Agreement.