Terms of Service
The Association of Professional Engineers and Geoscientists of the Province of British Columbia, also operating as Engineers and Geoscientists BC (the "Association", "us", "we", "our") have created a competency-based assessment system (the "CBA") that we use, and provide to others for use in the evaluation of competency. In our capacity as a service provider, we own and operate the competency-based assessment technology including, without limitation, the website operated at CompetencyAssessment.ca and such other locations as made available from time to time (collectively, the "Website") and other products and services which may be offered therefrom from time to time (collectively with the Website, the "Services").
By accessing or using the Services, you confirm that you are 13 years of age or older, have read, understand and agree to be bound by these Terms of Service and agree that these Terms of Service form a binding agreement between you and us, with respect to the Services, and your use of them.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OR USE OF THE SERVICES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE, WHICH USE INCLUDES YOUR CONTINUING TO MAKE AVAILABLE YOUR CONTENT ON THE SERVICES, AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. IF YOU DO NOT AGREE TO ABIDE BY THIS OR ANY FUTURE VERSION OF THE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.
1. User Categories
The Services may be used in different ways by different categories of users. Through your use of the Services, you will be categorized as one (or more) of the following:
- (a). "Applicant" – if you are an applicant providing information in the course of completing a competency assessment with an Authorizing Body (as defined below);
- (b) "Assessor" – if you are an individual working with an Authorizing Body to review competency assessments and provide feedback through the Services;
- (c) "Validator" – if you are an individual working with an Applicant to provide information, reviews, comments or other content through the Services; or
- (d) "Visitor" – if you are an individual or organization who visits the Website or engages with the Services but who is not an Applicant, Assessor or Validator.
- (collectively, the "Users", or each a "User").
An "Authorizing Body" is any organization using the Services under a service agreement with the Association, which may include the Association in its capacity as a provincial engineering and geoscience regulator in British Columbia. For clarity, where the Association is not the Authorizing Body, the Association is providing the Services strictly as a service provider. Where the Association uses the Services itself in its capacity as an Authorizing Body in British Columbia, it will be referred to as an Authorizing Body. Any reference to the Association in these Terms of Service is to us in our role as service provider.
2. About the Services
The Services provide Authorizing Bodies with an online platform where Users, including Applicants, Assessors, Validators and the Authorizing Bodies may provide, share, and input information and responses to competency assessments provided through the platform based on selections made by the Users and ultimately used by the Authorizing Bodies and the Association to provide services to the Authorizing Bodies. To access the Services as an Applicant, Assessor, Validator, or Authorizing Body, you must be authorized to do so. By accessing the Services you hereby agree to be bound and abide by these Terms of Service.
3. Registration Data; Account Security
You are not required to create a user account or provide any personal information in order to visit the Website, but in order to use certain features of the Services, you must be authorized to access such features either by registering for an account or having been otherwise granted authorization to access the Services (in each case, having "User Access"). In consideration of your use of the Services, you agree to: (a) provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); and (b) maintain and promptly update the Registration Data, if any, and any other information you provide to us, to keep it accurate, current and complete. You hereby agree and acknowledge that you will be fully responsible for (w) all use of the Services as a result of your User Access, (x) any action that takes place as a result of your User Access by any person or automated process, (y) maintaining the confidentiality and security of any codes, IDs, passwords, accounts or other links through which you are granted User Access, and (z) immediately notifying us upon any unauthorized use. For greater clarity, Visitors are not required to have been granted User Access.
In these Terms of Service, "Content" means all materials and content of any type, including, but not limited to, reviews, comments, responses, graphics, illustrations, images, designs, profiles, messages, information, notes, text, information (including Registration Data), sound, video, articles, themes, code, and software.
5. User Content and Your License to Us
The Services permit you (or any person accessing the Services your User Assess right) to submit, upload, provide, post, input, transmit, copy, make available, distribute, or otherwise transfer to us, the relevant Authorizing Body, or any third party Content (collectively, your "User Content"), and we do not claim ownership over any User Content. By providing any User Content, you
- (a) acknowledge that the Association and the Authorizing Body reserves the right to refuse to accept, display, or transmit any User Content in its sole discretion,
- (b) are deemed to have granted the Association and the relevant Authorizing Body the worldwide, royalty-free, fully-paid up, perpetual, irrevocable, non-exclusive, non-commercial right and license to use, distribute, reproduce, reformat, modify, adapt, delete, publish, translate, copy, edit, perform, display and aggregate such User Content as permitted by the functionality of the Services (the "User License") on the following terms:
- (i) the User License is limited to the purpose of offering the Services as may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce these Terms of Service,
- (ii) the User License includes the Association and Authorizing Body's right to sublicense to third party service providers for the purpose of offering the Services as set out herein, at all times in accordance with these Terms of Service, including without limitation the Association, Validators and Assessors,
- (c) acknowledge and agree that you are requesting the Association to administer and share the User Content in the ways determined by you through your level of User Access and use of the Services, which include but are not limited to sharing an Applicant’s Content with Validators, Assessors and Authorizing Bodies; sharing Validator’s Content with Assessors and Authorizing Bodies; and sharing Content of Authorizing Bodies with Applicants, Validators and Assessors,
- (d) acknowledge and agree that you control your User Content and how such User Content is shared through the Services and that the Association is in no way liable or responsible for your actions or inactions to provide or grant access to your User Content to other Users, Authorizing Bodies or third parties,
- (e) are deemed to have thereby represented and warranted to us that (1) you have all right, title and interest to grant the User License, (2) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, (3) the User Content is accurate and complete, and (4) no User Content contains any libellous, defamatory or otherwise unlawful material, and
- (f) hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims that your User Content infringes on any other person’s rights (including all of the rights set out in (b) above).
You acknowledge and agree that we may retain aggregated and anonymized analytical data derived from your User Content, even if you delete, or the Authorizing Body deletes, your User Content, or your User Access is cancelled, limited, suspended, or terminated in any way.
6. Service Content
All Content available or stored on the Services other than your User Content, including the Services itself, all other Users' Content, any Content made available by the Association, an Authorizing Body or any third party, and the selection and arrangement of all such Content and User Content (collectively, the "Service Content"), is the proprietary property of us, the Users, the Authorizing Bodies or our licensors with all rights reserved, and the Association (or, as applicable, our Users, Authorizing Bodies or licensors) retain and shall retain all right, interest and title in and to all Service Content.
7. Our License to You
Provided that you are eligible for use of the Services, and that you agree to these Terms of Service, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive, non-commercial right and license to access and use the Services and to download or print a copy of certain portions of the Service Content as determined by your level of User Access, solely for your personal, non-commercial use, subject to these Terms of Service and provided that you keep all copyright or other proprietary notices intact.
We may, under certain circumstances and without prior notice, immediately terminate, limit, cancel or suspend your User Access or access to the Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms of Service or any other agreement that you may have with us; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Services (or any part thereof); (e) unexpected technical, security or legal issues or problems; (f) participation by you, directly or indirectly, in fraudulent or illegal activities; (g) under direction of your applicable Authorizing Body and/or (h) as a result of a termination of agreement or suspension of services between the Association and your applicable Authorizing Body. Termination of your access to the Services may result in the deletion of all of your User Content, and we will not be obligated to provide any backup or retrieval of your User Content. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the Services or for the removal of any of your User Content in the Services. Any termination of these Terms of Service by us shall be in addition to any and all other rights and remedies that we may have.
9. User Conduct (Things You Must Not Do)
Without restricting anything else in these Terms of Service, you agree not to
- (a) alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Services or Service Content,
- (b) except to the extent required to be permitted by the law of your jurisdiction, reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Services, the Service Content, or any part thereof,
- (c) make the Services or Service Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service in any way except in furtherance of your permitted use in accordance with these Terms of Service ,
- (d) except as expressly permitted in the use of the Services, republish any Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be,
- (e) use any data mining, robot or similar data gathering or extraction methods with respect to any Services or any Service Content,
- (f) access the Services outside of your level of User Access or access the Services on behalf of an authorized individual other than yourself (except if you are the parent or legal guardian to such individual), or access the Services through another party’s User Access or on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity),
- (g) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Registration Data, through your User Access or otherwise,
- (h) upload, post, transmit, share or otherwise make available on the Services any User Content that
- (i) consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that is prohibited by law, or
- (ii) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial, professional or educational information and other personally identifying or private information, unless that third party has consented to such use of its private information (in the context of a Validator providing feedback regarding an Applicant, the Applicant is deemed not to be a third party to which this provision applies),
- (iii) in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
- (iv) contains Trojan Horses, worms, time bombs, or software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or
- (v) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
- (i) disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Services or Service Content,
- (j) remove any copyright or other proprietary notices on or in the Services, Service Content or any part thereof,
- (k) solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any person for unlawful purposes,
- (l) use the Services or any Service Content to "stalk", intimidate, harm or otherwise harass another User or another person,
- (m) intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority,
- (n) access the Services in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service or Service Content,
- (o) utilize the Services in any way except as expressly permitted by these Terms of Service, including by developing or using any software tool or other application that interfaces with the Services or the Website except for standard web browsers,
- (p) interfere with or disrupt the Services or Service Content (including the servers, networks or technology connected to the Service),
- (q) use or attempt to use another's User Access or the Service without express authorization from us or the applicable User,
- (r) solicit personally identifying information from any person for commercial purposes, or
- (s) use any Service Content or User Content for commercial purposes.
10. User Content Responsibility
11. Other Uses
Any use of the Services or the Service Content other than as specifically authorized in these Terms of Service, without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
Notwithstanding anything else in these Terms of Service, "Engineers and Geoscientists BC", "Competency Assessment", the Association or Competency Assessment logo and design, and all other trade-marks, trade dress, graphics, logos, designs, page headers, button icons, scripts and service names used by the Association on or in connection with the Services (collectively, the "Marks") are registered trademarks, trademarks or trade dress of the Association or our licensors and all right, title and interest in and to the Marks, whether registered or not, are and shall remain vested in us or in our licensors, as applicable. The Marks may not be used, including as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
13. Third Party Sources and Content
The Services may contain (or you may be presented with through the Services) links to other web sites, accounts, SMS, emails ("Third Party Sources") as well as Content belonging to or originating from parties other than us or our Users (the "Third Party Content"), including for the purpose of reviewing or commenting on User Content. Such Third Party Sources and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sources accessed through the Service or any Third Party Content available on the Services, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sources or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sources, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with the Association.
14. Modifications to Service
We reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the Services or any part thereof with or without notice. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION.
We may run advertisements and promotions on the Services. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the Services is subject to change in our sole discretion. It is your responsibility to ascertain whether any information or materials downloaded from the Services are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
16. General Practices regarding Use and Storage
17. User-and-User Disputes
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users and to take any action with respect to any User Access pertaining to such Users or Authorizing Bodies, in our sole discretion.
- (a) No Responsibility for Others' Content. We are not responsible or liable in any manner for any User Content or Third Party Content available on or through the Services, whether made available or caused to be made available by Users, Authorizing Bodies or by any of the technology associated with or utilized in the Services. Although we provide these Terms of Service and other policies and rules for User conduct, we do not control and are not responsible for our Users' or Authorizing Bodies' actions and are not responsible for any Content you may encounter on the Service, be it User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in these Terms of Service, the Association has no responsibility to monitor any User Content or Third Party Content.
- (b) Security. Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Services or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
- (c) Availability. The Services, or any Service, may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Services) or combination thereof. We may periodically add or update the information and materials on the Services without notice.
- (d) AS IS; AS AVAILABLE. THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE ASSOCIATION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ASSOCIATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE ASSOCIATION DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SOURCES.
19. Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION), IN NO EVENT WILL THE ASSOCIATION, OR ITS DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SOURCES), EVEN IF THE ASSOCIATION IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ASSOCIATION'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE ASSOCIATION FOR THE SERVICE DURING THE YEAR IN WHICH YOUR SUCH CAUSE AROSE, BUT IN NO CASE WILL THE ASSOCIATION'S LIABILITY TO YOU EXCEED $100.00. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO THE ASSOCIATION FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE ASSOCIATION, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
20. Representations, Warranties, and Indemnification
- (a) YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL AT ALL TIMES REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL PRIVACY, DATA PROTECTION AND ANTI-SPAM LAWS APPLICABLE TO YOUR RETENTION AND USE OF ANY AND ALL USER INFORMATION OR CONTENT COLLECTED THROUGH THE SERVICES OR OTHERWISE. YOU SHALL INDEMNIFY AND HOLD THE ASSOCIATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES), INCURRED IN CONNECTION WITH ANY CONTENT SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE.
- (b) IF YOU ARE A VISITOR, YOU HEREBY WAIVE ANY CLAIM YOU MAY NOW HAVE OR MAY HAVE AT ANY TIME IN THE FUTURE AGAINST THE ASSOCIATION REGARDING YOUR USE OF THE SERVICES, OR ANY USE OF YOUR CONTENT, INCLUDING YOUR PERSONAL INFORMATION, BY ANY USER AND YOU HEREBY ACKNOWLEDGE THAT THE ASSOCIATION IS NOT AND WILL NOT BE RESPONSIBLE IN ANY WAY OR ANY UNDER THEORY OF LAW FOR ANY SUCH ACTION OF ANY USER.
22. Copyright, Intellectual Property and Content Complaints
If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Service, you may send a written notification to the following:
by e-mail: [email protected]
by regular mail:
The Association of Professional Engineers and Geoscientists of the Province of British Columbia
200 – 4010 Regent Street
Burnaby, British Columbia
V5C 6N2, Canada
The notification must be a written communication that includes the following:
- (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
- (c) if the complaint is about objectionable content, the reasons for the objection;
- (d) identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (einformation reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- (f) a statement that the information in the notification is accurate; and
- (g) if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
23. Abuser and Repeat Abuser Policy
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers of intellectual property or users or posters of objectionable content. We may also, at our sole discretion, limit access to the Services or terminate the User Access of any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement, or otherwise uses or posts objectionable content through the Services.
24. Governing Law; Venue and Jurisdiction
You agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia with respect to any dispute hereunder.
You agree to indemnify and hold the Association and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content and any Third Party Content, your use of the Services, your conduct in connection with the Services or with other Users of the Services, or any violation of (a) these Terms of Service, (b) any law, or (c) any right of any third party.
Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, "Submissions"), provided by you to us are non-confidential and shall become the sole property of the Association, who shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
27. Electronic Communications
When you use the Services 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 to the email address attached to your User Access through your Registration Data or by posting notices on (a) the Service at-large, or (b) into your personal message centre as may be available on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you are an Authorizing Body, you represent and warrant that you will follow all applicable laws, including but not limited to Canada's anti-spam laws, when communicating with Applicants, Validators, Assessors or other end users and agree to indemnify us, and any of our affiliates, directors, officers, or representatives, for any losses or claims arising from or related to your breach of any such laws.
28. Merger or Acquisition
Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, these Terms of Service. The word "or" is not exclusive and the word "including" is not limiting (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and "person" will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
These Terms of Service constitutes the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services, except that any additional agreement between the Association and any Authorizing Body shall also continue. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of these Terms of Service shall continue in full force and effect. These Terms of Service shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.
31. English Language
The parties have requested and agree that these Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soinet rédigés en anglais.
End of Terms of Service (Last Updated: November 9, 2018)