TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS
You acknowledge that the Site contains text, information, images, photographs, graphics, icons, trademarks, tradenames and other viewable material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed. This Site and its Content are the property of BIRC (unless otherwise noted) and are protected by Canada, United States and international copyright laws. While BIRC makes the Content available to all users of the Site, BIRC expressly retains all copyright and related proprietary rights in the Content. Accordingly and in consideration of your using the Site, you agree that without the express prior written permission of BIRC, you will not, directly or indirectly, in any manner whatsoever: copy or distribute by any means the Content or any portion of it; mirror or include the Content or any portion of it on your own, or another, server or documents; or modify or re-use any portion of the Content. Notwithstanding the above, you may make a single copy of the Content for your own personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. BIRC expressly reserves all other rights in the Content, and title to the Content remains with BIRC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. BIRC, www.birc.ca, the BIRC logos and related marks are all registered and unregistered trade marks of BIRC and are the valuable property of BIRC. You agree that you will not reproduce any trade mark of, or imply any endorsement or relationship with, BIRC or its licensors. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners. Nothing contained herein shall be construed as conferring any license or right under any of BIRC’s copyright, patent, trademark or proprietary rights, or those of any third party, whether expressly or by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved to BIRC and its licensors. BIRC vigorously enforces its intellectual property rights and aggressively prevents their misuse.
USE OF SITE
BIRC hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display and print one copy of, the Content on any single computer, solely for your internal personal use, provided that you will not modify the Content in any way and that you retain all copyright and other proprietary notices displayed on the Content. You may not otherwise reproduce, modify, distribute, transmit, post or disclose the Content without BIRC's prior written consent.
INTELLECTUAL PROPERTY POLICY
BIRC respects the intellectual property of others and expects users of the Site to do the same. At its discretion and in appropriate circumstances, BIRC may terminate the accounts of users or prevent access to the Site by users who infringe upon the intellectual property rights of others. BIRC makes no claims that the Content is appropriate or may be downloaded outside of Canada or the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. BIRC will remove any material or Content that infringes the copyright or other intellectual property right of any person. If you believe that your intellectual property right is infringed by any Content on the Site please write to BIRC at the address shown on the Site setting out the particulars of your claim.
THIRD PARTY SITES AND HOTLINKS
Clicking on certain links within the Site will let you leave BIRC's Site. BIRC provides these links to you only as a convenience, and does not endorse the content on any third party websites, or any site linked to a third party website. The linked sites may not be under BIRC's control. Accordingly, BIRC is not responsible for the content of linked third-party sites, sites framed within BIRC's Site, or any third party advertisements. BIRC does not make any representations regarding the accuracy, legality, decency or any other aspect of the content of such sites. These sites may contain information or material that some people may find inappropriate or offensive. BIRC is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. BIRC shall not be liable for any damages or costs arising out of or in any way connected with your use of any third party websites accessed through this Site.
GRANT OF LIMITED LICENSE
From time to time, BIRC may, but is not obligated to, host a discussion forum on this Site. BIRC assumes no responsibility for information posted in connection with any such discussion forum. If you submit material to any such discussion forum, or post on the discussion forum, you warrant that the information contained therein is truthful, does not violate the rights or property interests of others, and is not unlawful, threatening, defamatory, vulgar, obscene or otherwise objectionable. You agree that you will not, directly or indirectly, in any manner whatsoever, use any such forum for: solicitation, advertisement or promotion of any business; any activity that is inconsistent with the purposes and intent of BIRC; or any illegal or unlawful purpose. You declare that BIRC may use and reproduce the material so submitted for any purpose and you hereby grant BIRC a non-exclusive, perpetual royalty-free license to and for such material. As a condition of submitting materials, you agree to waive any "moral rights" or other rights of authorship that may accrue or have accrued to you under any laws of any jurisdiction. BIRC reserves the right to investigate complaints that visitors may make about the content on the Site or the discussion forum. BIRC reserves the right to remove any content from the Site, in its sole and absolute discretion, at any time, and to terminate the privilege of any user to post on any discussion forum or to participate in other BIRC services if they misuse the posting privilege or violate this Agreement. By continuing to access this Site, and by submitting material to BIRC, you agree that you shall have no recourse against BIRC for any alleged or actual infringement or misappropriation of any proprietary rights in your communication to it. By submitting material, you confirm your understanding that you will not be entitled to any compensation or other remuneration because of BIRC's use or disclosure of such other similar or identical material. You hereby acknowledge that no fiduciary or confidential relationship exists between you and BIRC, either now or by reason of your submitting any information to it, unless you and BIRC have made and executed a separate written agreement to the contrary.
DISCLAIMER OF WARRANTIES
While BIRC uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations as to the truth, accuracy, reliability, usefulness, timeliness and completeness of that information, and you should not rely upon it. BIRC does not guarantee that the Content provided will be sufficient or appropriate for every individual or situation. The site and the Content are provided on an "as is, as available" basis, and you use this site at your own risk. The Content may include technical inaccuracies or typographical errors. The information provided may not be suitable or appropriate for you. BIRC strongly urges you to contact a representative of BIRC before relying on any of the information provided on the Site. When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of BIRC. Accordingly, BIRC assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the site. BIRC makes no warranty or representation that the site will be available at any particular time or location, or that any defects or errors will be corrected. BIRC disclaims all liability for any computer viruses or other disabling computer code that may be loaded into user's computers when they download documents from this site. You are strongly advised to obtain and use appropriate anti-virus and security software. To the fullest extent permitted by law, BIRC disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose nor does BIRC make any warranty as to the results that may be obtained from the site.
LIMITATION OF LIABILITY
In no event whatsoever shall BIRC, its licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, special, indirect, incidental, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use (or inability to use) the Site, the Content, the information on or available through this Site, or arising out of any action taken in response to or as a result of any information available on the Site. This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not BIRC is advised of the possibility of such damages. You hereby waive any and all claims against BIRC and its affiliates, agents, representatives and licensors arising out of your use of the Site and the information available on it. You acknowledge that without these limitations, BIRC could not provide access to the Site. Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. Consequently, the above exclusion or limitation may not apply to you. In such jurisdictions, BIRC's liability shall be limited to the maximum extent permitted by law.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You expressly agree that any action arising out of or relating to this Agreement shall be filed only in a court located in Ontario and you irrevocably and absolutely consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
INTEGRATION, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between BIRC and/or its representatives and you. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
SURVIVAL OF TERMS
These Terms and Conditions apply while you are accessing the Site and while you are in possession, in any form whatsoever, of any Content or any portion thereof. Notwithstanding the foregoing, the provisions set out in this Agreement relating to Proprietary Rights, Use of Site, Intellectual Property Policy, Disclaimer of Warranties, Limitation of Liability and Indemnity shall survive the termination of this Agreement and shall survive thereafter in perpetuity.