Terms of Use Agreement for CaGBC Central

 

1.      Acceptance

It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and the Canada Green Building Council (CaGBC), which is the owner and operator (“Owner”) of CaGBC Central (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, course content and resources, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of the Agreement. If you do not accept these terms and conditions, you cannot access or use the Website. The Owner may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

 

2.      No Endorsements

Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures or other information that appears or that may be advertised on the Website.

 

3.      Proprietary Information

The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content.  Except as granted in the limited licenses herein, any use of the Content, including the following, is prohibited without the express prior written consent of the Owner:

a)       modifying or creating any derivative works of the Content;

b)       decompiling, disassembling, decrypting, reverse engineering, or otherwise attempting to derive the source code for Website;

c)       copying, redistributing, encumbering, selling, renting, leasing, sublicensing or otherwise transferring the Content or rights to the Content;

d)       removing or altering any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Content or materials posted on the Website.

 

4.      Content

Except for any express warranties stated herein, the Content is provided on an “as is” basis, and CaGBC makes no representation or warranty, and expressly disclaims any liability with respect to the Content, including but not limited to:

a)       errors or omissions contained therein;

b)       libel, infringement of rights of publicity and privacy;

c)       trademark rights, moral rights, or the disclosure of confidential information;

d)       any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose;

e)       any harm, losses, or damage caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program or virus.

 

5.      Limited Licenses

Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive right to access, view and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific content and this Agreement, the terms of the specific license shall govern.

 

6.      Trademarks

Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services or business of the owner of the said trademark.

 

7.      Passwords

You are responsible for maintaining the confidentiality of the password you use in association with your account and are responsible for all activities that occur under your user name and password. You agree to notify the Owner immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Owner will not be liable for any loss or damage arising from the Owner’s failure or your failure to protect your password or account information.

 

8.      Termination

The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.

 

9.      Website Servicing

Notwithstanding any provision of this Terms of Use Agreement, the Licensee acknowledges and agrees that the Owner shall have the right, from time to time, to update, maintain, repair and modify: i) the Website; ii) access to the Website, iii) the Terms of Use; and iv) construction of the Website. CaGBC shall have the right, without extending the Term of this Agreement or refund of any type to undertake all such servicing requirements and to temporarily restrict access to the Website for reasonable periods of time to perform such servicing requirements.

 

10.  Software License and Ownership

All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“software”) is protected by copyright and may be protected by other rights. All such software is owned by the Owner, its licensors or the party accredited with ownership of such software. You are hereby granted the right to access and use the software embedded and integrated into the Website, subject to: (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such software.

If the Website provides software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such software, a personal, non-transferable, non-exclusive right to: (i) install and run one copy of the software in object code format on a non-networked computer for your personal, non-commercial use, and (ii) to reproduce the software only as reasonably required to install, run and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the software in whole or in part, (ii) sell, rent, lease, license, transfer or otherwise provide access to the software, (iii) alter, remove, or cover any trademarks or proprietary notices including from the software, and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the software or assist others in doing so. Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any software embedded or integrated into the Website or made available for download from the Website, including, but not limited to any intellectual property rights in the software. All software embedded or integrated into the Website is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that: (i) the software is of merchantable quality and/or is fit for any particular purpose, (ii) the software will conform with any specification(s) relating to the software, (iii) the software will be free from material defects, (iv) the software contains no computer viruses or other contaminants, or (v) the software shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

 

11.  Entire Agreement

This is the entire Agreement between you and the Owner relating to your access and use of the Website.