LICENCING AGREEMENT AND TERMS OF USE
THE CBCG NEW CONSTRUCTION REPORT WRITING SYSTEM
- Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the CBCG New Construction Report Writing System website (the "Site") . This Agreement constitutes the entire and only agreement between the CBCG(the "Canadian Building Consulting Group Inc") and you for use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and services provided by or through the Site. You agree to review the Agreement prior to using or gaining further access to the Site. CBCG may amend the Agreement from time to time without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. CBCG may immediately terminate the use of the Site by any User if that User has used the Site in any way contrary to the Agreement or the law or in any way that disrupts the Site. If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of the Site, your sole and exclusive remedy is to discontinue using it. - Copyright
All materials displayed or otherwise accessible through the Site, including without limitation, text, logos, graphics, photographs, images, and illustrations (collectively, the "Content") are protected under applicable Canadian and foreign copyright, trademark and other proprietary and intellectual property laws or other laws. You acknowledge that the Content is the property of CBCG or of its respective owners, as indicated, or as the case may be. In addition, the Site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. The copying, redistribution, use or publication by you of any such Content or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content or document obtained through the Site. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content to which access is gained through the Site. - Limited Right to Use
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted the right to access, view and use the Site for your professional use, and are granted the right to download, store, edit and print copies of inspection reports comprising the Content for your use, provided that you observe all copyright and other notices contained in such Content. This Site is to be used exclusively for technical report writing services for a single home owner or client. The Site may not be used for any training, educational upgrading or certification of other persons or for the development of other technical report writing systems. - Editing, Deleting and Modification
CBCG reserves the right in its sole discretion to edit or delete any documents, information, forms or other content appearing on the Site with the exception of your inspection reports stored in your private directory. - Indemnification
You agree to indemnify, defend and hold CBCG and its officials, employees, agents and representatives harmless from any liability, loss, claim and expense, including reasonable lawyer's fees, related to your violation of the Agreement or use of the Site. - Disclaimer
CBCG provides the Site on an "as is", "as available", basis. CBCG does not make any express or implied warranties, representations or endorsements with respect to the Site including, but not limited to, warranties as to merchantability and fitness for a particular purpose, operations, non-infringement, usefulness, completeness, accuracy and reliability. Further, CBCG does not represent and warrant that the Site will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures or errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions against viruses and other contaminating or destructive properties. - No Liability
CBCG is not responsible for and will not be liable to you or anyone else for any damages whatsoever, including any indirect, special, incidental or consequential damages, arising out of or in connection with your use, or inability to use, the Site, even if CBCG has been advised of the possibility of such damages. - Collection and Use of Personal Information
The Protection of Privacy Act (the "Act") applies to all information collected by CBCG on the Site. The information will only be collected, used and disclosed in accordance with the Act. - Third Party Sites
This Site may allow you to link to or from other third party sites (the "Other Sites"). CBCG does not operate or control the products or services offered by the Other Sites. CBCG does not review, endorse or approve the Other Sites and is not responsible for any Other Sites. You agree that linking to or using Other Sites is at your sole risk and that CBCG will not be responsible or liable for any damages arising from linking to or use of the Other Sites. All rules, policies (including privacy policies) and operating procedures of Other Sites will apply to you while on those sites and the CBCG will not be responsible for information provided to you on the Other Sites. - No Harmful Use
You agree not to introduce into or through the Site any information or material which may be harmful to others. You warrant that information or material that you provide to the Site electronically through your access to or use of the Site does not infringe the rights of any person or entity.
Without limiting the generality of the foregoing, you shall not:- interfere with or disrupt the Site or computer networks connected thereto;
- impersonate any other person or entity or make any misrepresentation or defamatory or libelous statements;
- upload, post, transmit, publish or distribute any material or information to the Site which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Site;
- use the Site in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password-protected or restricted areas of the Site or CBCG’s computer or network systems;
- violate any law or regulation or any generally accepted Internet practice or interfere with any other Site user's ability to use the Site and any of the services or products provided on the Site;
- forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Site;
- delete or revise any material posted by any other person or entity; or manipulate or otherwise display the site by using framing or similar navigational technology.
- Termination of Site Use
At the CBCG's sole discretion, the CBCG may terminate or refuse to permit the use of any services on the Site and of the Site by any person, for any reason and without notice. - Applicable Law
The Site and the Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the province, without regard to conflict of law principles. Any claims, disputes or legal proceedings arising out of or in connection with the Site or the Agreement shall be brought solely in the courts of the Province of Ontario. You expressly submit to the exclusive jurisdiction of those courts to determine any claim, action or proceeding arising out of or in connection with the Site and the Agreement. - The provisions of this section and sections of this Agreement shall survive the expiry or termination of the Agreement for any reason.
- General
The Agreement constitutes the entire agreement between the CBCG and you regarding the use of the Site. The CBCG 's failure to insist upon or enforce any provision of the Agreement shall not be considered a waiver of such provision or of the right to enforce such provision. If any part of the Agreement is determined to void, invalid or unenforceable, the remaining parts will not be affected and will remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.
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