Last updated: October 22, 2014
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the smartergrowth.ca web site (the "Service") operated by Smarter Growth Initiative ("SGI"), a collaboration between the Urban Development Institute - Calgary and the Canadian Home Builders' Association - Calgary Region ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Smarter Growth Initiative ("SGI") and are protected by copyright, trademarks, database and other intellectual property rights. Permission is granted to the public to reproduce or disseminate this content, in part or in whole, free of charge, in any format or medium without requiring specific permission. With the exception to third-party produced publications and links to third-party websites.
As a contributor, you are able to submit text content to the Service (the “User Submission”). We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and SGI expressly disclaims any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and will remove all Content and User Submissions if satisfied that such Content or User Submission infringes on another's intellectual property rights. We reserve the right to remove Content and any User Submissions or portions thereof from the Service at any time, without prior notice and at its sole discretion, and you agree to hold SGI harmless in the event of such removal of Content or User Submission.
Links To Other Web Sites and Publications
The Service may contain links to third-party web sites, publications or services that are not owned or controlled by Smarter Growth Initiative ("SGI"). Smarter Growth Initiative ("SGI"), has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, publications or services. You further acknowledge and agree that Smarter Growth Initiative ("SGI"), shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites, publications or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to indemnify, defend and hold harmless Smarter Growth Initiative ("SGI”), its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post, transmit or make available through the Service, (d) your connection to the Service, or (e) your violation of any rights of another.
Limitation Of Liability
Smarter Growth Initiative ("SGI"), its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, use, data, or other intangible losses (even if SGI has been advised of the possibility of such damages), resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Smarter Growth Initiative ("SGI"), its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from SGI or through or from the Service shall create any warranty not expressly stated in the Terms.
If you breach any of these Terms and Smarter Growth Initiative ("SGI"), chooses not to immediately act, or chooses not to act at all, Smarter Growth Initiative ("SGI"), will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Smarter Growth Initiative ("SGI"), does not waive any of its rights. Smarter Growth Initiative ("SGI"), shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
General practices regarding use and storage
You acknowledge that Smarter Growth Initiative (“SGI”) may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Smarter Growth Initiative's (“SGI’s”) servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Smarter Growth Initiative (“SGI”) has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Smarter Growth Initiative (“SGI”) reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Smarter Growth Initiative (“SGI”) reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Smarter Growth Initiative (“SGI”) will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the web site and the Service.
If you have any questions about these Terms, please contact us.