RESIDENTIAL FRAMING CONTRACTOR’S ASSOCIATION
Members’ Web Site Terms and Conditions of Use
IMPORTANT !! PLEASE READ CAREFULLY!
PLEASE READ THIS CAREFULLY BEFORE YOU ACCESS THIS WEBSITE.
BY CLICKING “I AGREE” BELOW YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT WHICH LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
These web site terms and conditions of use (“Agreement”) are a legal agreement between you as a member of the Residential Framing Contractor’s Association (“RFCA”) and the RFCA concerning your access to and use of the Members’ Only portion of the RFCA Web Site (“Web Site”) and the content and materials available on the Web Site (“Content”). By clicking on the “I Agree” button above, you confirm that you are a Member of the RFCA and that you agree to abide by the terms of this Agreement.
- The Web Site is published by the RFCA and is provided solely for informational purposes to members of the RFCA. Subject to the terms and conditions set forth in this Agreement, the RFCA grants members a non-exclusive, non-transferable, personal, limited and revocable license to access and use this Web Site and the Content thereon. You agree not to interrupt or attempt to interrupt the operation of the Web Site in any way. The license granted by the RFCA authorizes the viewing and downloading of the Content for each Members’ use in their business operations and not for further commercial use or dissemination.
Limited Authorization and Use
- This authorization is not a transfer of title in the Content or copies of the Content and is subject to the following restrictions: (1) you must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content; (2) you may not modify the Content in any way or reproduce or publicly display, distribute or otherwise use the Content for any purpose other than to assist you in your business activities as a Residential Framing Contractor while you are a Member of the RFCA; and (3) you must not transfer the Content to any other person unless you give the recipient notice of, and they agree to accept, the terms and conditions of this Agreement.
- You agree to abide by all additional restrictions displayed on the Web Site as it may be updated from time to time without notice to you. This Web Site, including all Content, is protected by copyright, including international copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in accessing the Web Site and to prevent any unauthorized copying of the Content. Any copying, republication or redistribution of any part of the Web Site or Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the RFCA.
- All trade-marks displayed on the Web Site or used in connection with the Content are, unless otherwise indicated, trade-marks of the RFCA, Any use of any of the trade-marks appearing on the Web Site or in connection with the Content without the express written consent of the RFCA is strictly prohibited.
- Except as expressly provided herein, the RFCA does not grant any express or implied right to you under any of its copyrights and all right, title and interest (including all intellectual property and other proprietary rights and interests) in and to the Web Site and the Content and materials forming part of or contained on or available through or from the Web Site is the sole and exclusive property of the RFCA.
Information Accuracy and Usage
- WHILE THE CONTENT OF THE WEBSITE IS, TO THE BEST OF THE RFCA’S KNOWLEDGE, CURRENT AND CORRECT AT THE TIME OF DISTRIBUTION, THE RFCA DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED AND ASSUMES NO OBLIGATION TO UPDATE THE INFORMATION OR ADVISE ON FURTHER DEVELOPMENTS CONCERNING INFORMATION MENTIONED OR CONTENT PROVIDED.
- THIS WEB SITE, THE INFORMATION AND CONTENT ON THE WEB SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- THE RFCA DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED. THE RFCA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEB SITE OR THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE.
- YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH CONTENT, OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK AND THE RFCA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE.
- THE RFCA MAY MAKE ANY OTHER CHANGES TO THE WEB SITE AND THE CONTENT AT ANY TIME WITHOUT NOTICE.
- THE RFCA MAKES NO WARRANTY OR REPRESENTATION THAT THE CONTENT CONTAINED ON THE WEB SITE WILL BE APPLICABLE TO THE PARTICULAR JOB OR WORK TO WHICH THE RFCA MEMBER IS CONTRACTED. EACH RFCA MEMBER RECEIVING THE CONTENT IS RESPONSIBLE FOR DETERMINING WHETHER THE CONTENT PROVIDED HEREIN IS SUITABLE AND APPLICABLE TO THE PROJECT BEING UNDERTAKEN. THE CONTENT DOES NOT REPLACE EXPERIENCE AND JUDGMENT THAT MAY BE REQUIRED BY MEMBERS IN THE PARTICULAR CIRCUMSTANCES OF A PARTICULAR PROJECT. FURTHER, THIS MATERIAL IS NOT MEANT TO, AND DOES NOT, SUPPLANT, REPLACE OR MODIFY THE FEDERAL AND PROVINCIAL LEGISLATION APPLICABLE TO THE JOBSITE OR THE WORK TO WHICH THE RFCA MEMBER IS CONTRACTED. FOR GREATER SPECIFICITY, THE RFCA MEMBER MUST AT ALL TIMES CONTINUE TO COMPLY WITH ALL FEDERAL AND PROVINCIAL LEGISLATION APPLICABLE TO THE WORK IT IS UNDERTAKING, INCLUDING BUT NOT LIMITED TO THE OCCUPATIONAL HEALTH AND SAFETY ACT AND ITS REGULATIONS, OR SIMILAR LEGISLATION.
Third-Party Web Sites
- As a convenience to you, the RFCA may provide, on the Web Site, links to web sites operated by other entities. If you access these other web sites, you will leave this Web Site. Should you visit any such linked web sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. RFCA makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that RFCA sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. You agree that all risk associated with your use of any information, data or materials provided or made available on any third party web sites rests solely with you.
Limitation of Liability for Damages
- THE RFCA DOES NOT ASSUME LIABILITY FOR THE INFORMATION PROVIDED IN THE CONTENT AS OUTLINED HEREIN.
- IN NO EVENT SHALL THE RFCA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSORS (THE “RFCA PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE ACCESS TO, RELIANCE ON, OR USE OF THE CONTENT, FUNCTIONS OF THE WEB SITE OR ANY LINKED WEBSITE OR PERTAINING TO THE INABILITY TO USE THE WEB SITE (THIS INCLUDES, WITHOUT LIMITATION, LIABILITY, DUE TO ANY ERROR, OMISSION, INACCURACY OR DEFECT IN ANY CONTENT OR ANY ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE/INTERNET OR SYSTEM FAILURE RELATING TO THE WEB SITE), REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE EVEN IF THE RFCA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. THE RFCA ALSO DISCLAIMS ANY LIABILITY FOR THE UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE CONTENT.
- The entire risk as to the use of the Web Site and the Content is assumed by you. You agree that in view of the circumstances of this Agreement and the fact that you are accessing the Web Site and Content free of charge, the limitations upon the RFCA’s liability under this Agreement are in all respects fair and reasonable, and that RFCA would not have offered the Web Site or Content but for your agreement with the provisions of this section.
- If you are dissatisfied with the Web Site, the Content or with any of the terms, conditions, guidelines, practices or policies of the RFCA in operating the Web Site and in providing the Content, you agree that your sole and exclusive remedy shall be to discontinue using the Web Site and Content.
- You agree to defend, indemnify, and hold harmless the RFCA Parties from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal fees, alleging or resulting, directly or indirectly, from or in any connection with your: (a) breach of this Agreement; and (b) access to the Web Site or use of the Content.
- The RFCA may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any features of the Web Site, at any time. The RFCA may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. The RFCA may terminate the authorization, rights and license given above.
Governing Law and Jurisdictional Matters
- The Web Site is administered by the RFCA from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the Web Site and all of the communications, transmissions and transactions associated with the Web Site and the provision of the Content shall be deemed to have occurred in the Province of Ontario, Canada, and this Agreement, your use of the Web Site, and all related matters shall be exclusively governed construed and interpreted in accordance with the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. You and the RFCA irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising under this Agreement or relating directly or indirectly to the use of the Web Site or the Content.
Severability / Electronic Documents
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law.
- This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents.
- A printed version of the Agreement and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Other General Matters
- The provisions of this Agreement will enure to the benefit of and be binding upon the parties and their respective successors, permitted assigns, heirs, executors and administrators. You confirm that you are a Member of the RFCA and you may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of the RFCA. The RFCA may assign this Agreement and its rights and obligations under this Agreement without your consent and without notice to you.
- No delay or omission by the RFCA to exercise any right or power it has under this Agreement or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
- You and the RFCA are independent parties and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site or Content. Any rights not expressly granted by this Agreement are reserved by the RFCA.
- The Agreement constitutes the entire agreement between the parties as it relates to the access to and use of the Web Site and Content save and except for any additional terms, conditions or provisions that may be specifically stated in the Content and the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, understandings, representations, discussions and proposals, written or oral, between RFCA and you.