Termes et conditions
These Terms and Conditions (“Terms”) govern your access to and use of this website ("Site"). Please ensure that you read these Terms carefully, as it is a legally binding contract between us, on one hand, and you and the business that you represent (collectively, “you” or “your”), on the other hand. By accessing or using this Site, you are agreeing to be legally bound by these Terms. If you do not accept and agree to these Terms, you may not access or use this Site, or create an account, registration or user profile. For purposes of these Terms, “CECA”, “us”, “we” or “our” shall mean Canadian Elevator Contractors Association. You represent and warrant that you have the authority to bind your business to these Terms.
Changes to Terms
These Terms are subject to occasional changes from time to time in our sole discretion, and should we make any material changes, we will notify you by sending you an e-mail communication to the last e-mail address you provided to us (if any) or by posting a notice of the changes on this Site (or both). Any changes to these Terms will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on this Site.
Upon using this Site, you agree to review the Terms posted on this Site and acknowledge that you are aware of such changes. Continued use of any of this Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Registered users of this Site are responsible for providing us with their most current e-mail address for the purposes of our correspondence with them. In the event that the last e-mail address a registered user provided to us is no longer valid, or for any reason is not capable of delivering to the registered user an e-mail from us, our dispatch of an e-mail will nonetheless constitute effective notice to the registered user.
We or third parties own the intellectual property rights in all text, images, photos, audio, video, software, graphics, data, documents and other content that is made available to you on this Site (collectively, "Content"). Except as provided in these Terms, the use, transfer, distribution, broadcast, downloading, posting or copying of any Content on this Site without our express written permission is prohibited.
CECA hereby authorizes you to display on your computer, phone or other electronic display device, download and print pages of this Site and other Content, subject to the following provisions: (i) any copyright notices shall not be deleted; (ii) the Content shall not be altered in any manner; and (iii) the Content shall be used by you solely in a commercially reasonable manner for your legitimate internal business purposes and will not be transferred, distributed, broadcast, posted or copied in any manner.
You are prohibited from posting or transmitting to this Site any threatening, libellous, defamatory, inaccurate, obscene or pornographic material or material that would violate any applicable law or infringe or violate any copyright or other intellectual property right.
User Registration and Accounts
In order to access or use some of this Site, you must first register and create an individual profile for yourself and your business (a “User Profile”). By creating a User Profile, you agree that:
(a) you will provide true, accurate, current, and complete registration information about yourself and your business in connection with the registration process and maintain and update it continuously and promptly to keep it accurate, current, and complete;
(b) you are solely responsible for all activities that occur under your account, password, and name – whether or not you authorized the activity;
(c) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of this Site using your name, username, or password;
(d) you will immediately notify us of any unauthorized use of your account, password, or name, or any other breach of security;
(e) you will not breach any of these Terms; and
(f) you will not sell, transfer, or assign your account or any account rights.
If any information that you provide, or if we have grounds to suspect in our sole discretion that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account, User Profile and access to and use of this Site, is our sole discretion and without notice or liability.
For purposes of these Terms and Conditions, (a) “Your Content” means Content that you submit, or transmit to, through or in connection with this Site, (b) “User Content” means Content that users submit or transmit to, through, or in connection with this Site, (c) “CECA Content” means Content that we create or is otherwise owned by us, and (d)”Third Party Content” means Content that originates from parties other than CECA or users of this Site, which is made available in connection with this Site by us and not otherwise owned by us.
CECA has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or, the security, privacy, storage, or transmission of other communications originating with or involving use of this Site.
We own the CECA Content, including but not limited to visual interfaces, interactive features, graphics, design, computer code, and all other elements and components of this Site but excluding Your Content, User Content and Third Party Content. We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the CECA Content, this Site, which are protected by copyright, trade secret, patent, trademark laws and all other applicable intellectual property and proprietary rights and laws. Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to this Site and the CECA Content are retained by us.
You Must Have Legal Rights to Your Content
CECA does not claim ownership of Your Content. However, when you upload, post or publish Your Content on or in this Site, you represent and warrant that you own and/or have a royalty-free, perpetual, irrevocable, unrestricted, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
Licence Granted by You
You grant CECA a fully paid, royalty-free, perpetual, irrevocable, unrestricted, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing this Site to you and to our other users. Please remember that other users may search for, see, use, print, copy, download, modify and reproduce any of Your Content that you submit to this Site. You represent and warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above. You agree that you, not CECA, are solely responsible and liable for all of Your Content that you upload, post, e-mail, transmit or otherwise make available on this Site.
Without limiting the generality of the foregoing, you acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay and/or reprocess any of Your Content and all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses and interpretations of Your Content prepared by CECA shall be owned exclusively by us.
Please note, CECA is under no obligation to enforce these Terms on your behalf against another user or other third party. While CECA encourages you to let us know if you believe another user has violated these Terms, we reserve the right to investigate and take appropriate action at our sole discretion and without liability.
CECA may in its sole discretion terminate privileges of any user who infringes copyright or other third-party rights, or is suspected of doing so, as determined by CECA in its sole discretion including upon notification to CECA by the purported copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on this Site in a way that constitutes copyright infringement, please contact us [Note to Draft: insert link to CECA Contact page on the CECA website] and provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on this Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The trademarks (including logos) displayed on this Site are registered and unregistered trademarks of CECA and others, and are protected by trademark laws, copyright and other intellectual property rights. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on this Site without the express written permission of CECA or such third party that may own the trademark displayed on this Site. Your misuse of the trademarks displayed on this Site, or any other Content on this Site, is strictly prohibited.
CECA may provide links to third party websites. CECA assumes no liability for any damages or losses you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded or transferred from such linked websites.
Any links contained on this Site shall not be construed as an endorsement by CECA of any such linked website. CECA has not reviewed or researched the full content on these linked websites and shall not be held responsible or liable including should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to this Site and feel that the website is inappropriate, please contact us and we will determine if the link should be removed from this Site.
You may not provide a link to this Site without our express written permission. If you would like to provide a link to this Site, please contact us.
Full Disclaimers Regarding Content
THIS SITE AND THE CONTENT ARE PROVIDED STRICTLY "AS IS"/"AS AVAILABLE" WITHOUT ANY WARRANTIES, REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND INCLUDING CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
The Content is provided free of charge and is for informational purposes only. The Content should not be relied upon or used as the basis for any decision. You must in any event carry out your own due diligence in respect of all Content.
CECA makes no warranties, representations or conditions as to the accuracy or currency of the Content. The Content may contain typographical errors and other inaccuracies, or be incomplete or out-of-date. CECA assumes no liability or responsibility in this regard.
Although CECA uses efforts to ensure that any software provided at this Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software and Content with your specific computer system.
You acknowledge that CECA has no obligation to pre-screen any Content (including, but not limited to, User Content), although CECA reserves the right in its sole discretion and without notice or liability to change, pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent thereto. You acknowledge and agree that you have no expectation of privacy regarding Your Content. In the event that CECA changes, pre-screens, refuses or removes any Content, you acknowledge that CECA will do so for CECA’s benefit in its sole discretion, not yours, and without any liability to CECA. Without limiting the foregoing, CECA shall have the right to remove any Content that in CECA’s sole discretion violates the Terms or is otherwise objectionable.
The services described on this Site may not be available in all areas or at all. CECA may change the services described on this Site at any time.
Effective upon notice to you by e-mail or otherwise that may be given to you in our sole discretion and with or without cause, you must immediately destroy and must not use, download or print Content described in the notice.
Exclusions and Limitations of Liability
IN NO EVENT WILL CECA OR ITS AFFILIATES OR ASSOCIATES BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, DAMAGES OR LOSSES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE OR REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR ANY SITES LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS SITE OR ANY SUCH LINKED SITES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT OR THIS SITE RESULTS IN THE NEED FOR SERVICING, REMEDIATION, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS AND CONSEQUENCES THEREOF.
IF, NOTWITHSTANDING THE FOREGOING PARAGRAPH, CECA OR ITS AFFILIATES OR ASSOCIATES SHOULD BE FOUND LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR ANY SITES LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS SITE OR ANY SUCH LINKED SITES, THE AGGREGATE LIABILITY OF CECA AND SUCH PERSONS (REGARDLESS OF THE NUMBER OF CLAIMS AND WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY) SHALL IN NO EVENT EXCEED CDN.$100.00.
Termination of Rights
If you breach these Terms, or we have reasonable grounds to suspect in our sole discretion that you have breached these Terms, then we may suspend or terminate your account, User Profile and access to and use of this Site, in our sole discretion and without notice or liability.
If you breach any of these Terms, your authorization to use this Site and the Content automatically terminates and you must immediately destroy and not use any downloaded or printed Content.
You shall release, indemnify and hold harmless CECA and our directors, officers, employees, service providers, suppliers, vendors, affiliates, and agents from and against any and all losses, liabilities, claims, losses, suits, demands, damages and expenses (including legal fees and expenses) directly or indirectly arising from or related to (i) any use of the Content, or this Site, by you or that occurs because of you (ii) any supply of Your Content to the Site or us, and (iii) your breach of these Terms.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario. You agree that you will not file a class action or participate in a class action.
These Terms constitute the entire agreement between you and CECA regarding use of the Site and the Content. All of our rights and remedies are cumulative.
These Terms enure to the benefit of CECA and its affiliated and related entities, and its and their respective successors and assigns. These Terms shall enure to the benefit of and be binding upon you and your heirs, executors, administrators, beneficiaries and legal personal representatives.
The parties hereby confirm their express agreement that this Agreement and all documents directly or indirectly related thereto be drawn up in English. LES PARTIES RECONNAISSENT LEUR VOLONTE EXPRESSE QUE LA PRESENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS QUI S'Y RATTACHENT DIRECTEMENT OU INDIRECTEMENT SOIENT REDIGES EN LANGUE ANGLAISE.
December 1 2019