Terms of Service - SHBC Gentle Density Toolbox

Important! Your access to this Website (defined below) is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding. Accessing this Website through any means or methods is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions, you are not authorized to access this Website or any of the Content (defined below), and in that case please do not access this Website or any of the Content.

These terms and conditions (the “terms and conditions” or, alternatively, this “Agreement”) is an agreement between you (“You”) and Small Housing BC Society (the “Company”). “We” and “Us” means both You and the Company. The effective date of this Agreement is the date on with you first access, the website or the Content, or when You otherwise accept or are deemed to accept this Agreement in accordance with this Agreement.

You hereby consent to the exchange of information and documents between Us electronically over the Internet or by email, and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.

Ownership and Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, plans (including, without limitation the Plans (defined below)), blueprints, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade-names contained on the website accessible primarily through the internet URL toolbox.smallhousing.ca (this “Website”) (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the sole property of the Company or its licensors, as the case may be. Your use of this website does not grant you any license, permissions, or any other rights in or to this Website or any of the Content, except as explicitly set out in these terms and conditions.
Permitted Use – General. The Company hereby grants to You a personal, non-transferable and non-exclusive licence to access, read and download one copy of the Content, subject always to the terms and conditions of this Agreement. You are specifically not permitted to reproduce any of the Content anywhere except on your local computer as part of your primary access of the Website, except as otherwise expressly permitted under this Agreement.
Permitted Use – Plans. The Company may provide opportunities for you to view on or download from this Website certain documents or materials, including drawings or plans, relating to construction of new homes, components thereof, or relating to architectural or other modifications to existing homes (collectively, the “Plans”). All Plans are provided by the company for information purposes only and strictly on an as is where is basis. The plans have all been provided by third-party architects designers or others and the Company has not independently investigated or confirmed their practicality or suitability for any particular purposes. Accordingly, the Company makes absolutely no warranties or representations of any kind relating to the Plans. You acknowledge and agree that you will not use or rely on any of the Plans without obtaining independent professional architectural and engineering advice thereon.
Indemnity – Plans. In addition to any other obligations of indemnity contained in this agreement, you will fully protect and indemnify the Company from and against any costs or expenses of any kind (including, without limitation, on a solicitor and client basis) relating in any way to your use of the Plans, or to any third-party claims relating in any way to your use of the Plans.
Restrictions On Use.
1. You agree that You will not:
  1. distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; or
  2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.
2. You will not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Content.
3. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
License to Use Your Information. With the exception of personal information, You hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically otherwise agreed to by the Company in writing or required by law. You represent and warrant that you have the right to grant the licence set out above.
Personal Information. The Company may from time to time, but is not obligated to, monitor your use of the Website and collect, store, use and disclose to third parties having a need to know based upon the practices and requirements of the Company any personal information about You for the purposes of:
1. Maintaining or administering the Website; or
2. Complying with any laws, rules or regulations in respect of the website;

and You hereby consent to such collection, storage, use and disclosure and waive any right of privacy You may have in respect of same.

Policies. The Company is and shall remain entitled from time to time in its sole discretion to create, implement, and modify additional policies, guidelines, or rules in respect any matter or item referenced on this Website (each, a “Policy” and collectively, “Policies”), and all such Policies shall be immediately incorporated into this Agreement and be binding on You upon publication of such applicable Policy or Policies on this Website.
Limitations on Liability and Disclaimers.
1. THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET GENERALLY WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
2. This website and its Content are not to be construed as a form of promotion or an offer to sell any product or service at all or in any particular jurisdiction. This Website may contain links to other websites or files (“Links”). The Company does not assume responsibility for the accuracy, safety, security or appropriateness of the information, data, applications, scripts, opinions, advice or statements contained through such Links or at such websites, and when You access such websites, You are doing so strictly at Your own risk. In providing Links, the Company is in no way acting as a publisher or disseminator of the material contained at or through the target of such Links and does not seek to monitor or control such targets or websites. A Link appearing on this Website should not be construed to mean that the Company is affiliated or associated with same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PLANS OR ANY HYPERLINKS TO, OR CONTENT FOUND, ON OTHER WEBSITES. The mention of another party or its product or service anywhere on this website should not be construed as an endorsement of that party or its product or service.
3. The Company will not be responsible for any damages You or any third party may suffer as a result of the transmission, storage or receipt of confidential, proprietary or other information by You or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any information transmitted, stored or received in connection with this Website.
4. You are solely responsible for the retrieval and use of the Content. You should apply Your own judgement in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
5. You acknowledge and agree that the Content may not be accurate, up to date, complete or untampered, and is not to be relied upon. You will not rely upon the Content for any reason.
6. The Content is provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content is not intended to be used as a substitute of any kind for professional advice. It is your duty to obtain professional advice from appropriate qualified construction industry professionals to meet your construction, renovation or other needs. You should not act or rely on any of the Content (including, without limitation, the Plans) without seeking advice of such qualified professionals.
7. Except as expressly provided in this Agreement, this Website and all Content, products, services and software on this Website or made available through this Website are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including, but not limited to, warranties as to uninterrupted or error-free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
8. In no event will the Company, its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if the company or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
9. In no event will the Company, its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable for damages or losses resulting from: viruses or malware, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third party websites; the internet backbone; personal injury; third party content, products or services; damages or losses caused by You or Your respective affiliates, employees, agents or subcontractors; loss of use or lack of availability of facilities, including computer resources, routers and stored data; the use or inability to use this Website or the Content; any other website accessed to or from this Website; or events beyond the control of the Company, even if the Company or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
10. In event that, despite the warnings and disclaimers of liability contained in this Agreement, any liability of any nature is deemed to attach to the Company, it’s affiliates agents, licensors, suppliers, and their respective directors, officers, and employees, then in no case will the Company’s, its affiliates’, agents’, licensors’, suppliers’ and their respective directors’, officers’ and employees’ cumulative total liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence or otherwise) be for more than the amount, if any, paid by you under this Agreement to access this website, in the year in which the claim arose.
11. The Company assumes no obligation to update the Content but may do so at any time in its sole discretion. The Content may be changed without notice to you. The Company is not responsible for any content or information that you may find undesirable, objectionable, or otherwise problematic. The Company fully disclaims any liability for unauthorized use or reproduction of any portion of the Website. Accessing the Content from territories where it may be illegal is prohibited.
Termination.
1. This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms or for any other reason. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company in the circumstances, including injunction and other equitable remedies.
2. Despite any termination of this Agreement, the disclaimers, limitations on liability, ownership, interpretation, Your licence to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
3. Indemnity. In addition to all of Your other obligations of indemnity under this Agreement, You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of:
  1. any information or other content You provide on or through this Website or which You send to the Company by email or other correspondence; or
  2. Your use or misuse of the Content or this Website, including, without limitation, infringement claims.
Governing Law. The Company, this Website and the Content (excluding linked websites or content) shall be deemed to be physically located within the Province of British Columbia, Canada, regardless of the physical locations of any applicable servers or relay devices hosting, administering or otherwise facilitating service of any Content. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada, and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, You agree to submit completely to the jurisdiction of the British Columbia courts. We expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time. You agree to waive any right You may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against Company related to this Website, the Content or this Agreement and, where applicable, You also agree to opt out of any class proceedings against Company or its licensors.
Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Entire Agreement. This Agreement as it may be amended from time to time in accordance with its provisions, and any and all other legal notices and Policies on this website, constitutes the entire agreement between You and the Company with respect to the use of this Website and the Content.
Amendment and Waiver. The Company reserves the right, in its sole unfettered discretion, to amend this Agreement at any time by posting amendments on this Website (“Amendments”). You are responsible for periodically reviewing the Amendments on this Website, and You are deemed to be fully aware of such Amendments. If You do not agree to any Amendments, You shall immediately stop using this Website. Access to this Website or use of this website after any Amendments have been published here shall constitute Your acknowledgement and acceptance of this Agreement as amended at the time. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver by the Company of any of the provisions of this Agreement shall 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 indicated in writing in the instrument setting out such waiver and signed on behalf of the Company.
Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction only, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
Enurement. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.