Terms of Use
This Terms of Use Agreement (the “Agreement”) is a legal agreement between you (in this Agreement referred to as “you” or “your”) and Engineered Code Consulting Inc. (in this Agreement referred to as “ENGINEERED CODE.”, “we” or “us”), the owner and operator of this Web Site (the “Web Site”) and sets forth the terms and conditions under which you may access and use the Web Site. Read the following terms and conditions carefully before using this Web Site.
1. Acceptance: By using or accessing this Web Site, you acknowledge that you have read these terms of use and that you accept and will be bound by the Agreement, and you represent to ENGINEERED CODE that you have the legal authority to agree to, accept and be bound by this Agreement on behalf of yourself and any person or entity that you purport to represent.
2. No Relationship: You agree that no consulting, customer, professional, advisory, fiduciary or other relationship is established by this Agreement or your use of the Web Site or by your communication with our representative by email or through the Web Site.
3. No Advice or Offer: The Web Site and its content is provided to you for general informational purposes only. You acknowledge and agree that it is not intended as and should not be taken as providing any kind of advice and you will not act, fail to act, or rely upon this information before seeking qualified advice with respect to the same. You further agree that the Web Site is not and should not be construed as an offer to sell any product or services by ENGINEERED CODE to you or any other person or entity. You also agree that the Web Site may not be used to request advice or to transmit to us any confidential, proprietary or sensitive information as the same may not be secure or treated as confidential and does not create any relationship or duty of any kind. Internet and email communication are generally not secure and we cannot guarantee that the information you send to us will not be intercepted, collected or misused by others without your consent.
4. Disclaimer and No Liability: ENGINEERED CODE does not accept any liability for your use of the Web Site and you agree that you are using the Web Site at your own risk and liability. The Web Site and its content are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express or implied, including, but not limited to, representations or warranties of title, non-infringement of proprietary rights, merchantability or fitness for a particular purpose, or those arising by law, statute, uses of trade, course of dealing or otherwise, and to the full extent permitted by law, ENGINEERED CODE hereby disclaims any and all such representations and warranties. Without limiting the foregoing, ENGINEERED CODE does not warrant or guarantee: (a) that the access to the Web Site will be timely, error-free, uninterrupted or virus-free; (b) that communications to or from the Web Site will be secure and/or not intercepted; (c) that the Web Site and its content will be accurate, complete or current; and (d) that errors or defects in the Web Site or its content will be corrected. In no event shall ENGINEERED CODE nor its officers, directors, employees, agents or licensors have any liability to you or any other person or entity for any loss or damages of any kind whatsoever, whether direct, indirect, incidental, special, exemplary, punitive or consequential, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, arising out of or in anyway connected with your use of, reliance upon or inability to use the Web Site or any of its content, whether based upon contract, tort, strict liability or otherwise, even if we knew, ought to have known or have been advised of the possibility of such damages, or they are foreseeable. The limitations contained in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
5. Privacy: ENGINEERED CODE collects, uses and discloses personal information in accordance with ENGINEERED CODE’s Privacy Policy. By accepting this Agreement, you are consenting to ENGINEERED CODE’s collection, use and disclosure of your personal information in accordance with the ENGINEERED CODE Privacy Policy.
6. Licence: Subject to the terms and conditions of this Agreement, you are granted a limited, non-transferable and non-exclusive licence to view, access and use the Web Site and its content only for your own personal, lawful, non-commercial use. You may download, print and store single copies of the Web Site’s content for your own personal, lawful, non-commercial use, provided that you do not modify any of the content and you do not remove or alter any marks, notices or disclaimers contained in the content. You may not use the Web Site or its content for any other purpose or in any other way. Without limiting the generality of the foregoing, the Web Site and its content may not be copied, mirrored, framed, reproduced, republished, posted, transmitted, modified or distributed in any way, in whole or in part, without the express written consent of ENGINEERED CODE
7. Ownership: The Web Site and its content is the property of ENGINEERED CODE and others, and is protected by Canadian and foreign copyright, trademark, trade name and other laws. You agree that your rights to use the Web Site granted to you pursuant to this Agreement do not extend beyond the licence granted pursuant to section 6 and your use of the Web Site or this Agreement does not transfer to you any ownership or other rights in the Web Site or its content.
8. Additional Restrictions on Use: You may not make any link whatsoever to the Web Site or any of its content without ENGINEERED CODE’s prior written permission. To request permission to link to the Web Site, please contact our office administrator at info@engineeredcode.com. The scraping or data mining of the Web Site or any of its content in any way and by any method is strictly prohibited. You agree that you will not use or employ any display technologies or collaborative browsing relating to your use of the Web Site or to post communications, comments or any other information or data of any kind whatsoever to or on the Web Site that may be read, viewed or accessed by any other user of the Web Site. You agree that you will not use the Web Site to or through the Web Site, upload, post or transmit, distribute or otherwise publish any materials or information which:
(i) inhibit, restrict or interfere with any user’s ability to use and access the Web Site or its content;
(ii) constitute, advocate or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(iii) infringe and/or violate any rights of a third party, including without limitation any privacy, copyright, trademark, patent or other proprietary rights;
(iv) contain a virus or other harmful or destructive components;
(v) are illegal, defamatory, libellous, abusive, threatening, harassing, obscene, offensive, pornographic, sexually explicit or indecent; or
(vi) constitute or contain false or misleading information or statements.
9. Termination: If you breach any provision of this Agreement, you may no longer use the Web Site or any of its content. In addition, ENGINEERED CODE may, in its sole discretion for any reason, cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of such termination, you are no longer authorized to use the Web Site and its content or the part of the Web Site and its content affected by such cancellation or termination. In the event of any termination of this Agreement or your right to use the Web Site and its content, the Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and its content, ENGINEERED CODE may continue to use and disclose your personal information in accordance with the ENGINEERED CODE privacy policy as amended from time to time, and all provisions of this Agreement and obligations thereunder which by their nature continue after the termination of this Agreement shall survive and continue after such termination, including without limitation, any obligations under sections 4 and 7.
10. Links: The Web Site may contain links to other web sites maintained by third parties. You agree that the linked sites are not under the control of ENGINEERED CODE, and ENGINEERED CODE has no responsibility or liability whatsoever for the linked sites, their content or any link contained in a linked site. ENGINEERED CODE provides these links only as a convenience, and inclusion of the link does not imply endorsement of the linked sites by ENGINEERED CODE and your use of the linked site and your dealings with the owners or operators of the linked sites is at your own risk.
11. Changes To This Agreement: ENGINEERED CODE may, in its sole discretion, change, modify, or amend this Agreement from time to time, for any reason and without any prior notice or liability to you or any other person or entity. When this Agreement is changed, modified and/or amended, the revised Agreement will be posted on the Web Site. The use of the Web Site after such changes, modifications or amendments are posted will signify your acceptance of those revised terms. You are responsible for periodically visiting this page to review the terms and conditions of this Agreement. You may not change, modify or amend this Agreement in any manner.
12. General Provisions: You agree that this Agreement, including any changes made to this Agreement from time to time, constitutes the complete and entire agreement between you and ENGINEERED CODE with respect to your use of the ENGINEERED CODE Web Site and its content and supersedes all prior agreements, whether written, oral or otherwise, between you and ENGINEERED CODE with respect to your use of the Web Site and its content.
You agree that, if any portion of this Agreement is held to be invalid under any applicable rule of law, then such provision will not apply and such invalidity will not affect other provisions hereof which can be given effect without the invalid provisions, and to this end, the affected provisions hereof are declared to be severable. The foregoing notwithstanding, such invalid provision will be construed and enforced (to the fullest extent permissible under applicable law) in accordance with the original intent of the parties as herein expressed.
The Agreement will be governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, but expressly excluding any conflict of laws rules which would lead to the application of the law of any other jurisdiction. You and ENGINEERED CODE each submit to the exclusive jurisdiction of the courts of the Province of Saskatchewan, Canada.
This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
You will not, without the prior written consent of ENGINEERED CODE which may be arbitrarily withheld in ENGINEERED CODE’s sole and unfettered discretion, assign this Agreement or any rights, benefits or obligations hereunder. ENGINEERED CODE may assign this Agreement and its rights, benefits and/or obligations hereunder without your consent.