Carson, Dunlop & Associates Ltd. TERMS AND CONDITION OF USE
Last Updated: 2018/4/29
Important Information About This Legal Contract
These Terms constitute a legal contract between you and CD&A. If you are accessing the Site on behalf of an organization or as part of your employment with, or engagement by, a corporation, company, partnership, or other organization, these Terms constitute a legal contract between such organization and CD&A, provided that all restrictions regarding the Site and the Content apply to you equally.
These terms and conditions are subject to change without prior notice at any time, in CD&A’s sole discretion. By visiting, browsing, carrying out any transaction, accessing or otherwise using the Site or any feature thereof or service offered thereon after a change has been posted to these Terms, the Customer accepts that change. Customers should access these Terms frequently and review the date of last update appearing at the very beginning of these Terms to determine whether they have been modified since you last reviewed them.
Ownership & General License of Content
The copyright in all Content is exclusively owned by CD&A or its licensors. Any submission, comment, feedback, recommendation, suggestion or testimonial (collectively, “Feedback”) which you make in regard to the Site, the Content or any Product will be exclusively owned by CD&A without any obligation to compensate you. You hereby assign any and all rights that you may have anywhere in the world in regard to any right that you have or may come to have anywhere in the world in regard to any Feedback including, without limitation, all intellectual property rights and other proprietary rights. You hereby waive any and all moral rights that you may have anywhere in the world in regard to any Feedback.
Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CD&A or its licensors. Unless otherwise expressly provided in these Terms, permission is granted to display, copy, distribute and download the Content for personal, non-commercial use only, provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in or associated with the Content. The foregoing permission terminates automatically if you breach these Terms. Upon termination, you must immediately destroy any downloaded or printed Content and destroy any other content or materials that includes or embeds any Content. You also may not, without CD&A’s prior written permission, mirror, mine, harvest or scrape any Content. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs of third party goods offered through the Site are the used under license from their respective manufacturers.
Carson, Dunlop & Associates and the Circle of Service logo are trademarks of CD&A.
Access and Use of Site, Content and Products
You may only use the Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, in any form or medium whatsoever except: (i) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (ii) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and (iii) in the event social media features are provided with respect to certain Content, you may take such actions as the Site permits for such features.
Use Restrictions and Limitation of Rights and authorisations
All products purchased or otherwise obtained through this Site are intended to be used by a single purchaser or recipient and may not be duplicated, distributed or resold under any circumstances. Permission in terms of content and materials made available through the Site is limited to your personal and non-commercial use and you are strictly prohibited from distributing, reproducing, translating, adapting, creating derivative works, compiling, or re-selling any such content and materials, without our express written permission. We reserve any and all rights not expressly granted to you in these Terms in regard to any such content and materials.
The purchase of any Product is subject to the Terms and Conditions of Sale that are accessible here. The procurement of certain Products (such as software licenses and certain online services and online use of software) are subject to and require that you agree to be bound by additional terms and conditions. These will be presented to you prior to the fulfillment of the Purchase. The procurement of certain Products (such as software licenses and certain online services and online use of software) is subject to and require that you agree to be bound by additional terms and conditions. These will be presented to you prior to the fulfillment of the Purchase.
Once any electronic files, online educational programs, online courses or other electronic materials comprising a Product are accessed or downloaded, no refunds will be given.
In addition to the general Use Restrictions described above and other terms and conditions that may be provided in regard to specific Products obtained through your use of the Site, the following terms apply in regard to the following e-Books, images and other electronic materials procured on or through the Site.
Home Reference Book or Technical Reference Guide
If you procure a copy of either of these e-Books, you are only procuring a single user license.
The Illustrated Home Line of Products and Files
If you procure a copy of this image compilation, you are only procuring a single user license to the images forming part of such compilation (each, an “Image”).
The single user must be an individual, not a company. A separate license is required for every person accessing or otherwise using any Image.
You may only use an Image for one of the purposes set forth below. Any other use is strictly prohibited.
The individual licensed to use the Images may only do so for individual building inspection reports created by him or her (a “Permitted Report”). Except in such specific instances in which we have provided our prior written consent, you may not (or allow others to) include any Image in any other publication or compilation even where the inclusion of such Image is by way of the inclusion of a Permitted Report that includes such Image. Permitted Reports that include any Image may not be used as educational or training materials, published online or distributed to anyone other than the person having initially purchased the Permitted Report from the individual licensed to use the Images.
Marketing and Promotion
The individual licensed to use of the image(s) may do so for promotional activities, including print advertisements, brochures, newsletters and promotional presentations but not for electronic promotional activities, such as email or websites, or for presentations for which any payment is made for their delivery. A maximum of five images may be used for each permitted marketing or promotional activity (i.e. each advertisement, brochure, etc.).
If you wish to discuss other possible uses of one or more of these images, please contact:
Carson, Dunlop & Associates Ltd. 120 Carlton Street Suite 407 Toronto ON M5A 4K2 1-800-268-7070 firstname.lastname@example.org
Online Educational Programs & Courses
Access to certain Products is restricted to persons who have registered through the Site and created an account for the Site (an “Account”). An individual may only create one Account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s (or relevant Product’s) registration form (such information being referred to as the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. The Site and Products may not be accessed and/or used by persons who have previously had their Account terminated by CD&A as a result of their breach of these Terms (or any previous or future version thereof). Any such persons are prohibited from creating a new Account. By creating an Account, you represent and warrant that you have never had an Account which has been terminated by CD&A on account of any such breach.
If you are under 18, you may use the Site and procure any Product only while a parent or guardian is present with you.
You acknowledge and agree that the rights provided to you under these Terms are personal to you and may not be shared with or transferred to anyone. Accordingly, you agree not to share your Account (or any privileges derived from your Account) with any third party.
CD&A reserves the right to refuse service, suspend or terminate Accounts, remove or edit Products available in regard to any Account, or cancel orders for Products in its sole discretion.
This Site is controlled and operated by CD&A from its offices within Canada. CD&A makes no representation that access to and use of the Site and/or the Products and/or the Content available on or through the Site is appropriate or lawful outside of Canada, and access to and use of the Site and/or procurement, download and/or use of the Content or Products from territories where the foregoing is illegal, is strictly prohibited. Those who choose to access this Site from other locations do so on their own initiative and are solely responsible for compliance with local laws that may apply. Your right to access and use the Site, Content and Products is strictly conditional upon such access and use being lawful in your jurisdiction.
The following conduct is expressly prohibited: (i) any use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained therein without prior written permission by CD&A; (ii) collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another business that supplies products competitive with or comparable to those offered or promoted on the Site; (iii) attempt to circumvent, neutralize, impair or compromise any security measures or any feature or functionality controlling access to Content, any Product or any features or sections of the Site; (iv) attempt to access any Account that is not yours or otherwise attempt to impersonate any other person; (v) threaten, harass, intimidate or otherwise act improperly in regard to any CD&A personnel (or personnel of its service providers, vendors and/or licensors) or any other user of the Site; and (vi) any attempt to interfere with or hinder the proper operation of the Site including, without limitation that imposes an unreasonable or disproportionately large load on the servers and other computer systems used to operate the Site, or otherwise interferes with the Site’s proper and timely functioning.
Any unauthorized use of the Site, or of the Products and Content offered on or through the Site automatically terminates the licenses and other authorizations granted by CD&A including, without limitation, your right to access the Site and to use or retain any Content.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray CD&A, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or suggest any relationship between you and CD&A or any of its affiliates. You may not use any CD&A logo or other proprietary graphic or trademark as part of the link without our express written permission.
Termination or Modification of Site and/or Products
CD&A reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Product (or any part thereof) without notice. Likewise, CD&A reserves the right at any time to modify or discontinue, temporarily or permanently, the operation of the Site (or any part thereof) without notice. You agree that CD&A will not be liable to you or to any third party for any modification, suspension or discontinuance of any Product, the Site or any part thereof.
THE CONTENT IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN MORE SPECIFIC OR PROFESSIONAL ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION OR INACTION ON THE BASIS OF THE CONTENT OR USE OF ANY PRODUCT. LIKEWISE, ANY CONTENT RELATING TO CAREER OR BUSINESS OPPORTUNITIES OR TESTIMONIALS SHOULD BE INDEPENDENTLY VERIFIED AND CD&A DOES NOT PROVIDE ANY ASSURANCES THAT: (I) SUCH OPPORTUNITIES (AND ANY ASSOCIATED BENEFITS) ARE OR WILL BE AVAILABLE TO YOU; (II) SUCH OPPORTUNITIES ARE APPROPRIATE FOR YOU OR MAY BE UNDERTAKEN BY YOU; OR (III) YOUR EXPERIENCE OR THE RESULTS OF YOUR EFFORTS WILL BE THE SAME AS OR SIMILAR TO THOSE OF ANY OTHER PERSON.
Although we make reasonable efforts to update the Content and Products, we make no representations, warranties or guarantees, whether express or implied, that the Content or any information provided by any Product is accurate, complete or up to date. Your use of the Site, Content and/or any Product is at your own risk and CD&A has no responsibility or liability whatsoever for your use of the Site.
The Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of CD&A. CD&A is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
CD&A does not review or control third-party sites that link to or from the Site and is not responsible for the content of any third-party sites linked to or from the Site.
CD&A MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE PRODUCTS AND/OR THE CONTENT ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ANY USE THEREOF OR RELIANCE THEREON IS AT YOUR SOLE RISK. CD&A DOES NOT SCREEN, CENSOR OR VERIFY THE ACCURACY, COMPLETENESS, SAFETY, LEGALITY OR USEFULNESS OF ANY CONTENT, WHETHER CONTENT IS CURRENT AND UP-TO-DATE, OR WHETHER CONTENT IS APPROPRIATE FOR YOUR PURPOSES AND INTENDED USES, AND CD&A WILL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO YOUR USE OF OR RELIANCE UPON ANY CONTENT OR FOR CONTENT BEING REMOVED OR OTHERWISE CEASING TO BE AVAILABLE.
YOU ACKNOWLEDGE THAT THE VALIDITY AND USEFULNESS OF CONTENT MAY BE AFFECTED BY LOCAL LAWS AND THAT SUCH LAWS MAY VARY FROM ONE JURISDICTION TO THE NEXT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT CONTENT AND YOUR PROPOSED USE THEREOF (AND ANY USE OF ANY MATERIALS THAT YOU PRODUCE THAT INCLUDE CONTENT) COMPLIES WITH ALL APPLICABLE LAWS.
CD&A EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SITE, PRODUCTS, CONTENT, THIRD PARTY AND/OR ANY THIRD PARTY WEBSITE, CONTENT, GOOD, SERVICE OR MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, CONTINUITY, AVAILABILITY, RELIABILITY, PERFORMANCE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CD&A DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE OR MEET ANY PERFORMANCE OR ANY OTHER SERVICE LEVELS.
CD&A MAY FREELY CORRECT ANY ERRORS IN PRICING, DESCRIPTION OR TERMS AND CONDITIONS REGARDING ANY PRODUCT.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CD&A BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REPUTATION OR DEPRECIATION OF GOODWILL, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE, PRODUCTS AND/OR THE CONTENT, EVEN IF CD&A OR A CD&A AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT, PRODUCTS AND/OR THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILFUL MISCONDUCT, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Please review our Privacy Notice (which is accessible here), which also governs your visit to this Site. We may, but are not obligated to, monitor your access to or use of the Site, your access to any Content or your access or use of any Product. You waive and hold harmless CD&A, and its affiliates, licensees and service providers, from any and all claims resulting from any action taken by CD&A and any of the foregoing parties relating to any, investigations by either CD&A or such parties or by law enforcement authorities.
You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to the Site, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays.
You are responsible for maintaining the confidentiality of your Account user name and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your Account user name or password. You agree to (a) immediately notify CD&A if you have reasonable grounds to believe someone has obtained access to your password or someone has made unauthorized use of your Account, and (b) ensure that you log out from your Account at the end of each session.
To the maximum extent permitted by applicable law, you will indemnify and hold CD&A, and its affiliates, officers, agents, or other partners, and employees, harmless from any liability, claim or demand, including reasonable legal fees, due to or arising out of: (i) Content you submit, post, transmit or make available on or through the Site; (ii) your violation of these Terms or any additional terms that apply to any purchase of any Product that you make; (iii) your dealings with other users of the Site; (iv) your inclusion of any Content in any materials including, without limitation, any Permitted Report; or (v) your infringement, breach and/or violation of any third party rights, including, without limitation, any intellectual property rights and any trade secrets.
Communications to CD&A
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and may be treated by CD&A as, non-confidential and non-proprietary. Anything you transmit or post may be used by CD&A for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, CD&A is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to CD&A or the Site for any purpose whatsoever, including but not limited to developing, producing and marketing products using such information.
By submitting Feedback that includes a testimonial about CD&A, the Site, Content or any Product, you agree that CD&A may use and publish your name, voice, photograph, drawing or other likeness of you and any descriptive, biographical or other written materials you provide, and all associated rights of personality or publicity, in any manner we may deem advisable in connection with its use of your testimonial. You agree that you are not entitled to any financial compensation for our use of your testimonial. You agree that we may use your testimonial with or without your name or with a fictitious name and may make reasonable edits or alterations to your testimonial, provided that the meaning of your comments and statements is not substantially changed. You hereby waive any right of approval with respect to use of your testimonial and any materials created by us or for us in connection with your testimonial, and you hereby release and agree to hold harmless CD&A, its agents, employees, and assigns, and anyone authorized by any of them, from any and all claims, rights, demands, damages, actions or liability which you, your heirs, executors, administrators, successors or assigns (as the case may be), may have in connection with such use, the resulting advertising, or these Terms. You understand that CD&A has no obligation to use your testimonial and may elect to use or not to use your testimonial (or any derivative work created from your testimonial) in CD&A’s sole discretion.
If you believe that any Content infringes your copyright, please contact:
Carson, Dunlop & Associates Ltd.
120 Carlton St.
Toronto ON, M5A 4K2
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of these Terms or any modification made thereto, please do not visit, browse, access or otherwise use this Site, Content or Product, and please do not conduct any transaction on or through this Site.
All limitations or exclusions of liability, all waivers and disclaimers, all confidentiality obligations and all indemnification obligations will survive termination of any Account, cessation of access and/or use of the Site or any Content and/or Product, or termination of these Terms for any reason.
If any provision of these Terms is found to be unlawful, void or unenforceable in any jurisdiction, then such provision will be deemed severable herefrom in such jurisdiction and will not affect the validity and enforceability in such jurisdiction of any remaining provisions.
These Terms, as well as your access to and use of the Site, Content and/or Products, as well as any transaction related thereto, shall be governed by the laws of the province of Ontario, without regard to conflicts of laws rules in the province of Ontario, and the federal laws of Canada that apply in the province of Ontario. The courts located in the city of Toronto, Ontario, Canada will have exclusive jurisdiction in regard to any dispute relating to the subject matter of these terms or otherwise in conjunction with the Content, the Products and/or the Site and/or any transaction conducted through the Site. Notwithstanding the foregoing, CD&A may commence legal proceedings in any jurisdiction in which there has been any infringement of its intellectual property rights or any misappropriation of any of its trade secrets or other confidential or proprietary information.
These Terms constitute the entire agreement between the parties in regard to access to and use of the Site and Content. There are no external covenants, guarantees, representations, warranties or covenants except for the Terms of Sale which, together with these Terms, will apply to any purchase of any Product. These Terms may not be varied or modified by you in any manner or through any course of conduct.
No waiver of any provision of these Terms shall be binding on CD&A unless executed by CD&A in writing. No waiver of any of the provisions of these Terms will be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
These Terms shall inure to the benefit of CD&A and its respective successors and assigns.
Confirmation – Review of Terms
You acknowledge having read these Terms before accepting them, having had the authority to accept these Terms and having had the opportunity to save or print a copy of these Terms.